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Employment Law

You may soon need a lawyer at unemployment comp hearings

10/01/2006

It’s enough to give employers a case of whiplash. First, Pennsylvania courts said corporate employers couldn’t hire nonlawyers to help them at unemployment compensations hearings. Then the legislature reversed course, passing a law that OK’d nonlawyer representation. That should have been the end of the issue, but not yet …

York County may create HR agency to handle discrimination claims

10/01/2006

Employers in York County may soon have to deal with a new anti-discrimination agency that would investigate complaints and run programs to eliminate discrimination …

Brush up on ADA compliance; state EEOC offers free training

10/01/2006

Think your managers and supervisors could use a refresher course on complying with the Americans with Disabilities Act? Contact EEOC Pennsylvania, which offers free seminars at its regional offices …

Design your bonus program with the FMLA in mind

10/01/2006

Pennsylvania employers can look to a recent 3rd Circuit Court decision to keep their bonus plans in compliance with the FMLA. The case is the first of its kind in the country and provides employers with guidance beyond that found in the FMLA’s regulations. The decision is now law in Pennsylvania, Delaware, New Jersey and the Virgin Islands …

Executive exemption requires true hiring/firing authority

10/01/2006

Before you classify supervisors as exempt executive employees, make sure you’ve given them enough authority to make that classification stick. That means delegating true hiring/firing power with the clear understanding that your organization will typically follow the supervisors’ recommendations …

‘Firing manager’ should be same one who did the hiring

10/01/2006

When you need to terminate an employee, it makes sense for the same manager who hired the employee to also pull the trigger on the firing. That bit of legal strategy—the so-called "same actor defense"—could help you defend a discrimination lawsuit down the road …

Don’t bait worker into insubordination; It’ll smell like bias

10/01/2006

Insubordination is a perfectly logical and legal reason to fire an employee. But juries will be suspicious if it looks like one of your supervisors "set up" the employee to give you a reason to terminate …

Recertification request won’t guarantee FMLA extension

10/01/2006

By law, employees can take up to 12 weeks of FMLA leave each year. Your organization can, if it chooses, grant an extension …

You can alter job description for worker on FMLA leave

10/01/2006

When employees return from FMLA leave, you’re required to restore them to the same position or a comparable one. That requirement might make you hesitant to make any changes to employees’ jobs or conditions of employment while they’re out on FMLA leave. However, a new court ruling shows that you can make minimal changes to a job description without worrying about FMLA violations …

Noncitizens can’t sue for overseas discrimination

10/01/2006

In most cases, an employee who works for an American company can sue that company even when he or she works overseas. But you should be aware of important limitations, including those that cover noncitizen employees …