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Employment Law

Can you ban workers from moonlighting during FMLA leave?

03/03/2016
It may seem crazy that your employees can use their allotted job-protected FMLA leave time to work on a second job. But, as long as they have a legitimate reason for the leave, they can use their leave any way they please.

Pregnant employee: Does her boss know how to respond?

03/03/2016
When an employee shares the news of her pregnancy with her manager, it may bring on mixed emotions. While the supervisor may be happy for the employee, the realities of scheduling and productivity will weigh heavy on his or her mind.

Reserve duty is protected even if it’s inconvenient

03/02/2016
Employees who are military reservists can be called to active duty for weeks, months or even year-long deployments. But punishing that soldier for the inconvenience can be costly.

Rehabilitation Act may protect independent contractors from disability discrimination

03/02/2016
If you are a federal contractor, take note: You may be required to reasonably accommodate disabled independent contractors.

Size matters for wage-and-hour compliance: Tiny business may be exempt from FLSA

03/02/2016
Every business is covered by the Fair Labor Standards Act, right? Wrong!

Avoid overtime disputes: Do the math right the first time

03/02/2016
Overtime: One and one-half times an employee’s regular rate of pay for hours worked over 40 in a work week. Each part of this simple definition carries a lot of baggage

No sign language interpreter means ADA suit against UPS

02/29/2016
A deaf UPS employee at Philadelphia International Airport has sued the company, alleging it violated the ADA when it refused to provide a sign language interpreter for pre-shift meetings.

Not all government employees’ free speech is protected

02/29/2016
Public employees have limited First Amendment rights to speak out on matters of public importance. But when that speech is actually part of the employee’s job, it’s not considered “speaking out” in the Constitutional sense. It doesn’t come with job protection.

Consider settling early to save on attorneys’ fees

02/29/2016
Letting a discrimination case work through the EEOC or the Pennsylvania Human Relations Commission before settling generally means big legal costs for employers.

Don’t hold previous disability suit against employee who later applies for new job

02/29/2016
You can’t refuse to hire someone just because they previously sued you for disability discrimination. Saying so up-front just about guarantees that you will be sued.