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

Employment Law

Awkward: Bias suit reveals state troopers’ Asian sex trips

01/25/2013
A race discrimination lawsuit filed in 2011 by a former Pennsylvania State Police corporal got complicated late last year when allegations of other troopers’ overseas sexual hijinks surfaced.

Sands Casino rolls dice, loses all in NLRB ruling

01/25/2013
The National Labor Relations Board has ruled against the Sands Casino in Bethlehem, holding that the casino violated the National Labor Relations Act when it refused to bar­­gain in good faith with the casino guards’ duly-elected union.

Track special requests for changes in hours, work

01/25/2013
Sometimes, an employee asks for schedule changes, extra hours or even permission to work from home now and then. If you grant such requests, track them carefully.

Ordinary argument about job duties doesn’t add up to hostile environment

01/25/2013

When a new supervisor arrives and makes changes, criticizes work performance and otherwise challenges old ways of doing things, thin-skinned employees may complain about working in a hostile environment. But just complaining about workplace unpleasantness doesn’t make a winning lawsuit.

Filing for workers’ comp doesn’t qualify as ADA protected activity

01/25/2013
Here’s a bit of good news. Just because an employee claims she was hurt at work and files for workers’ compensation doesn’t mean she automatically has a federal ADA retaliation case if she’s fired.

Training, strong policies key to keeping workplace harassment-free

01/25/2013
No doubt your company has a sexual harassment policy in place. However, it may have been drafted long ago and may have been long ignored by supervisors and subordinates alike. If you suspect this is the case, it’s time to dust off the document, review it and start making sure all your supervisors and managers take it seriously.

Rite-Aid OT settlement will cost over $27 million

01/25/2013

The Rite-Aid drugstore chain, based in Camp Hill, will end 14 different over­­time lawsuits with one huge settlement of more than $27 million. Plaintiffs had alleged the company misclassified assistant managers and co-managers to avoid paying them overtime.

Note condition when employee first invokes FMLA

01/25/2013

Generally, simply calling in sick doesn’t trigger an employer’s obligations to offer FMLA leave. But what if the employee was very specific about his medical condition when he first called in and clearly was eligible for FMLA leave for that first absence? Does he have to be equally specific later?

Criticism after FMLA? Beware retaliation

01/25/2013
When a good employee with no disciplinary record suddenly turns into a bad employee following FMLA leave, watch out. You may have on your hands a bitter supervisor who wants to punish the employee for disrupting workflow, creating scheduling hassles and otherwise making life more difficult. Before approving discipline or a poor evaluation, look deeper.

Boring job? That’s no basis for a bias lawsuit

01/25/2013
Most people want to do meaningful, satisfying work. But many jobs are just routine and not particularly inspiring. While it’s wise from an employee relations standpoint to keep employees engaged, employers have no legal obligation to provide a workplace in which everyone is satisfied and fulfilled.