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Employment Law

Remind supervisors: You don’t tolerate name-calling, especially when it’s race-based

07/07/2014
If there is one thing that will get a federal judge’s attention, it’s name-calling that targets a particular race or ethnicity. While one comment may not be enough for a lawsuit, repeated name-calling almost certainly demonstrates hostility. That’s especially true if a supervisor makes the comments.

Need to alter duties? Document the reasons

07/07/2014

Employers have the right to manage their workforces in the most efficient way possible as long as they don’t discriminate. As a practical matter, that means employers should think ahead to a potential lawsuit when making significant workplace changes such as reducing the workforce, consolidating positions and reassigning work.

Not every hotline call is protected activity

07/07/2014

Many employers have a hotline that employees can call to report discrimination, harassment or other workplace problems. Generally, employees who call a hotline are protected against retaliation because the call itself is “protected activity.” But that’s not always the case.

Harsh criticism alone isn’t discrimination; bias must be tied to protected characteristic

07/07/2014
While yelling and screaming may be uncomfortable for employees, such behavior usually doesn’t reach the level of an unlawful discrimination or a “hostile environment” unless it relates to a protected characteristic like age, sex, race or religion.

FMLA: Need certification or is a doctor’s note OK?

07/04/2014
Q. Do employers have to request an official certification form for all FMLA situations, or can a physician’s note be enough for an employer to designate FMLA?

Can we require lie detector tests?

07/02/2014
Q. We have experienced several incidents of employee theft over the past few years. Would it be legal to require all job applicants to take a lie detector test?

Harrisburg, Pa. strip club faces FLSA undressing

07/02/2014
A Harrisburg area gentlemen’s club faces a federal lawsuit alleging it failed to pay exotic dancers the minimum wage and proper overtime. Four dancers filed suit in federal court charging the club violated the Fair Labor Standards Act by misclassifying them as independent contractors.

Teachers win right to union vote at charter school

07/02/2014
The Pennsylvania Cyber Charter School (PCCS) has lost in its bid to stop a union election among its teachers. The Pennsylvania Cyber School Education Association, an arm of the Pennsylvania School Edu­­ca­­tion Association and the National Edu­­ca­­tion Association, sought an election to represent the teachers working for the PCCS.

Erie, Pa. restaurant settles harassment case for $20,000

07/02/2014
Outrageous behavior by a co-owner of Ricardo’s Restaurant in Erie has cost the establishment $20,000. The EEOC reports that it has settled sexual harassment complaints filed by one of the restaurant’s former employees.

In Allentown, who says one vote doesn’t matter?

07/02/2014
A union election at an Allentown company that provides home health care services may have turned on the vote of one person, who arrived too late to cast a ballot.