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Employment Law

Could DHS shake-up follow Kelly’s departure from White House?

12/11/2018
When Gen. John Kelly announced he would step down as White House chief of staff by the end of the year, speculation immediately turned to the fate of Department of Homeland Security Secretary Kirstjen Nielsen.

NLRB pledges faster processing of unfair labor practices complaints

12/11/2018
The National Labor Relations Board is vowing to achieve a 20% increase in the timeliness with which it processes unfair labor practices charges in the next four years.

Pennsylvania LGBT employee rights in flux as courts weigh in on bias

12/06/2018
A significant number of test cases are working their way through federal courts, testing whether Title VII’s prohibition against sex discrimination encompasses discrimination on the basis of sexual orientation and gender identity.

Milton, Pa. truck wash accused of harassment, discrimination

12/06/2018
Eagle United Truck Wash, a national chain, faces charges it permitted severe harassment of a black employee at its Milton facility—and then retaliated against him after he complained.

Make objective qualifications your focus when hiring

12/06/2018
The best way to inoculate against failure-to-hire or promote lawsuits is to ensure your selection process is based on objective criteria.

Contradictory evaluations? That’s going to be a problem

12/06/2018
Beware changing supervisors during an employee’s probationary period. That may lead to evaluations that contradict one another, which could trigger a lawsuit.

Worker demands back overtime? Investigate and, if warranted, pay up

12/06/2018
If an employer pays overtime incorrectly, it may be liable for up to two years of unpaid overtime, doubled as a penalty. But if an employer’s overtime mistake is “willful,” that liability reaches back another year, adding to the cost.

Flu shots: Seek accommodations if employee refuses vaccine for religious reasons

12/06/2018
Employers must reasonably accommodate employees whose sincerely held religious beliefs prohibit immunization.

No FMLA leave? ADA may be available

12/06/2018
An employee who has used up all paid and FMLA leave (or who isn’t yet eligible for FMLA leave) may have other leave options if he’s also disabled.

Fired after using FMLA leave? Expect lawsuit

12/06/2018
Firing an employee while referencing use of FMLA leave may trigger a retaliation lawsuit.