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Employment Law

Study: Female directors not paid equally at western Pa. nonprofits

03/01/2007

Men who lead nonprofits in western Pennsylvania earn about $42,000 more on average than women who do so, according to a recent study by the Robert Morris University’s Bayer Center for Nonprofit Management …

Commission targets Penn State after rash of discrimination suits

03/01/2007

For the fourth time in the past year and a half, a Penn State professor has filed a federal discrimination case …

OSHA Compliance: Fly Under the Radar of Beefed-Up Inspections

03/01/2007

The Occupational Safety and Health Act is the main federal law requiring employers to provide a safe and healthy workplace. In recent years, OSHA has cranked up its enforcement, especially targeting employers that are repeat or “willful” violators

You can insist on bilingual ability if the job requires it

03/01/2007

Many employers have run afoul of federal discrimination law by requiring all employees to speak only English at all times. The EEOC has said employers can only set such “English-only” rules if they can show a clear business need …

Applicant can sue only if there’s a true job opening

03/01/2007

Do you worry you may be courting a discrimination lawsuit when you turn away an applicant or toss an unsolicited résumé in the trash? Rest assured that turning away applicants when you don’t have an opening isn’t likely to get you in trouble

Firing a troublemaker? Focus on concrete business reasons

03/01/2007

When it comes time to fire a difficult employee, focus on clear and easily explained legitimate business reasons for the action you want to take. That means documenting any work problems and relating those problems to the major job functions you hired the employee to perform

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

Job Stress Can Count as FMLA-Eligible ‘Serious’ Condition

03/01/2007

A court has ruled that an employee’s inability to go to work due to stress and anxiety about a pending termination or other performance issues may be considered a “serious health condition” under the FMLA …

No duty to warn employees of obvious dangers

03/01/2007

In Texas, employers who don’t opt for inclusion in the workers’ comp system are responsible for their employees’ injuries if they fail to warn employees of hazards. But that duty doesn’t extend to obvious dangers …

HIV-Positive trucker settles discrimination case

03/01/2007

A truck driver who is HIV-positive has settled an employment lawsuit against his former employer, E.C. Trading Ltd. He claimed the company cut his hours and then fired him after it learned about his HIV status …