• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Beware claims of intentional infliction of emotional distress

03/13/2018

You should thoroughly train all managers and supervisors on how to treat disabled employees. A worker with a disability who is badly mistreated may be able to claim intentional infliction of emotional distress in Pennsylvania.

He who does the hiring should also do the firing

03/13/2018

If possible, the same manager who made the hiring decision should also make the firing decision. That’s because presumably a manager wouldn’t hire someone knowing they belonged to an obvious protected classification and then turn around and fire that person because of that status.

NLRB rules: Unions may try to organize employees in nonwork areas

03/13/2018

In December 2017, the National Labor Relations Board handed down a decision that changed the test for determining whether employers have engaged in unfair labor practices.

Short ADA accommodations delay no problem

03/13/2018

Coming up with an accommodation isn’t always easy. It’s OK to temporarily assign the worker to different tasks or another department while you figure it out.

Personal liability for rehiring harasser

03/13/2018

Here’s an important message for employers that may be considering rehiring someone who was fired after being accused of sexual harassment: There could be severe consequences, including, under Pennsylvania law, potential personal liability for the individual responsible for the rehiring decision.

Lowe’s must pay after yanking ADA accommodation

03/13/2018

Lowe’s Home Centers has agreed to pay $55,000 to settle charges it violated the ADA when it demoted a supervisor at its store in Cleburne, Texas.

Court gives workers 2nd chance on FLSA suit

03/13/2018

A federal court considering an overtime dispute recently dismissed the lawsuit because it didn’t include enough details—but then told the workers they could file an amended complaint addressing the deficiencies.

Worker must ask for religious accommodation

03/13/2018

Employers are required to make reasonable accommodations for a worker’s religious practices, including letting workers skip shifts for religious holidays. But it is up to the worker to actually request the accommodation. Missing a shift without asking can be grounds for discharge.

Dig into harassment case to learn what really happened

03/08/2018

There’s aren’t many ways for an employer to defend against allegations that a supervisor sexually harassed a subordinate. But a careful investigation may uncover evidence that the relationship was wholly consensual, which may help.

EEOC believes in religious accommodation

03/08/2018

Employers sometimes forget that in addition to offering reasonable accommodations for people with disabilities, they have a similar obligation to reasonably accommodate employees’ religious practices.