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Employment Law

Sexually hostile environment: 4 red flags

10/30/2013
Tangible signs of a potentially hostile environment may be only the tip of the sexual harassment iceberg. Here are four red-flag areas you should monitor:

Does a text message from employee qualify as a request for FMLA leave?

10/30/2013

Employees don’t have to specifically request “FMLA leave” to put your organization on notice that they need job-protected leave. They don’t even have to mention the law at all. But they must provide enough details about the reason for the requested leave. Then it’s up to you to determine whether the reason qualifies as a “serious condition” under the FMLA.

Where should we display labor law posters?

10/29/2013
Q. I recently heard that some of our posters have to be displayed where applicants can see them, not just our employees. Is that true?

What are the limits on employee monitoring?

10/29/2013
Q. How would an employer legally go about monitoring employees in the workplace?

What’s the definition of ‘right-to-work’?

10/29/2013
Q. What is the difference between a right-to-work state and a non-right-to-work state such as Pennsylvania?

Safeguard veterans’ employment rights under USERRA

10/29/2013
With Veterans Day observations on Nov. 11, it’s a good time to review employer obligations under the Uni­­formed Services Employment and Re­­employ­­ment Rights Act (USERRA).

Hershey Med responds to retaliation charges

10/29/2013
The Penn State Hershey Medical Center has denied any wrongdoing in the case of a cancer doctor who sued, alleging he was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.

Commonwealth Court rules against Berks County Prison

10/29/2013
A Berks County Prison supervisor’s response to a schedule change request has morphed into an unfair labor practices charge after a Com­­mon­­wealth Court ruled against the employer in a split decision.

Don’t block transfer as reasonable accommodation

10/29/2013
If they’re qualified, disabled employees may be entitled to transfer to an open position as an accommodation. Blocking a transfer may violate the ADA, unless you can show that the transfer would impose an undue hardship.

One negative move after complaint can be retaliation

10/29/2013
After an employee files an inter­­nal complaint, HR should review every reassignment or other significant job change. Even one negative move can support a retaliation lawsuit.