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

Employment Law

Punctuality matters! For some jobs, being on time is an essential function

11/03/2015
Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of the job they want or have. But, what is an essential function?

Pay envelopes a little fatter at Philly direct mail company

11/03/2015
Investigators from the U.S. Department of Labor’s Wage and Hour Division have foiled a joint employer scheme they claim attempted to cheat temporary workers out of overtime pay.

EEOC says Rotten Ralph’s lived up to its name

11/03/2015
Old City Philadelphia bar Rotten Ralph’s faces charges it discriminated against a Muslim employee when it refused to allow her to wear a khimar or head scarf during Ramadan.

Careful documentation wins discharge cases

11/03/2015

It’s never pleasant to see a long-term employee’s performance decline. But if you intend to discipline a worker who previously was a good or even great performer, be sure to track the decline carefully. You don’t want an age discrimination claim to catch you unaware.

Con Edison agrees to $3.8M sex discrimination settlement

11/03/2015
Con Edison has agreed to a settlement of widespread sex discrimination charges filed by a class of over 300 female employees.

EEOC: Multi-prong strategy best way to prevent workplace harassment

11/02/2015
Empowering co-workers to report inappropriate behavior, multiple access points for reporting harassment, prompt investigations and swift disciplinary action when warranted, along with strong support from top leadership, are some of the measures employers can take to prevent workplace harassment, a panel of experts told the EEOC’s Select Task Force on the Study of Harassment in the Workplace at a public meeting held Oct. 22 in Los Angeles.

FLSA doesn’t protect every crabby gripe about pay

10/30/2015
Employers can’t retaliate against workers who complain about alleged Fair Labor Standards Act violations. However, not every complaint about pay is protected.

Before making promises, check FMLA eligibility

10/29/2015
Not everyone is eligible for FMLA leave, especially in companies with multiple locations that employ fewer than 50 workers within 75 miles of a work site. But sometimes companywide handbooks describe FMLA benefits without clarifying that some employees aren’t eligible because of where they work. Make sure employees in satellite offices understand they may not be eligible.

Was this employee eligible for FMLA leave?

10/28/2015
Q. We’ve received a demand letter from an attorney alleging that we violated the FMLA by failing to reinstate an employee as required by the law. The letter refers to our handbook, which the employee received, which contains our FMLA policy. It states that when the employee applied for leave, he applied for “FMLA leave.” We have several hundred employees, but the site where this employee worked has only 30 employees, and it is not located within 75 miles of any of our other sites. Therefore, it is my understanding that this employee is not eligible for FMLA benefits and the employee should not have a FMLA claim to assert. Is that correct?

Executive order: Federal contractors must provide paid sick leave

10/28/2015

On Labor Day, President Obama signed the latest in a string of executive orders applicable to employers that contract with the federal government. Executive Order 13706 will permit certain employees working on federal contracts to earn at least one hour of paid sick leave for every 30 hours worked. According to a White House fact sheet, the new paid leave mandate will affect approximately 300,000 workers … and imposes substantial new obligations on many employers.