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Employment Law

From workers’ comp to part time: Can we reduce employee’s leave benefits?

04/25/2013
Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?

Prepare now for the data breach that will inevitably hit you

04/25/2013
Most companies maintain large amounts of data about their employees, some of which may be considered personally identifiable information. It must be carefully guarded to ensure employee privacy and prevent identity theft. You must understand the relevant laws and your obligations to protect employee data.

Supremes to hear U.S. Steel ‘changing clothes’ case

04/25/2013
The U.S. Supreme Court has agreed to hear a case involving Pittsburgh-based U.S. Steel. Workers at the company’s Gary, Ind., plant claim they should be compensated for the time it takes them to change clothes for work at the work site.

Court: ADA class-actions generally won’t fly

04/25/2013
Because the ADA requires employees to show they are disabled based on individual restrictions, a class-action lawsuit against an employer isn’t appropriate in most cases.

Courts lose patience with hypersensitive employees

04/25/2013
Courts are getting quicker with the gavel when it looks like a lawsuit might have been filed by an overly sensitive employee who perceives vague comments as harassment.

How to draw DOL scrutiny: Withhold pay, fudge time sheets

04/25/2013

The DOL’s Wage and Hour Division doesn’t want to see any funny business when it comes to accurately recording hours worked or paying employees on time. Don’t even think about manipulating payroll systems. Doing so will result in double damages going back three years.

After employee files internal complaint, beware anything that might look like retaliation

04/25/2013
Here’s something to warn super­visors about after an employee has filed a discrimination or harassment complaint: Even if the initial complaint proves unfounded or too minor to be illegal, any punishment the complaining employee experiences later may amount to retaliation.

Landscaping company illegally trimmed wages

04/25/2013
Cyrilla Landscaping in Coraopolis, outside Pittsburgh, has agreed to pay $39,091 in back wages to 29 workers following a DOL investigation—plus another $39,091 because the feds found the violations were willful.

Judge to U.S. Steel: Random drug testing OK

04/25/2013
Rebuffing the EEOC, a federal judge has ruled that U.S. Steel can randomly test new workers for substance abuse.

Worker on FMLA leave? Limited contact OK

04/25/2013
Sometimes, pressing business matters require a supervisor or other company representative get in touch with an employee who’s out on FMLA leave. As long as the contact is limited to true business needs and isn’t unduly restrictive or intrusive, the contact won’t cause you to lose an FMLA interference lawsuit.