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Employment Law

OK to discipline, even after harassment claim

07/01/2012

When employees face progressive discipline and think they might be fired, they sometimes suddenly start complaining about alleged sexual harassment. The underlying reason may be legitimate—or it may just be a ploy to stop discipline. It doesn’t mean all discipline has to be put on hold.

Top management wants to ax ‘troublemaker’? Beware wrongful termination retaliation

07/01/2012
There are some things employers just can’t do, no matter what a senior manager may want. For example, you can’t punish a good employee for pointing out potential legal violations.

Supreme Court: Pharmaceutical reps are outside salespersons

06/28/2012
The U.S. Supreme Court has ruled that pharmaceutical sales representatives qualify as exempt outside salespeople under the FLSA, even though they technically can’t and don’t sell anything. While this case directly affects drug companies, it could have a wider impact.

How should we pay for fluctuating workweek?

06/28/2012
Q. Our employees work irregular schedules. They may work for two weeks and then be off for three. Can we pay them every two weeks based on their average yearly income and, if they work more, pay them at an hourly rate?

What are the perils of inconsistent comp time?

06/28/2012
Q. Our employee manual doesn’t address compen­satory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we’ve paid comp time to some, but not to ­others. Can we negotiate our own terms with each employee?

Can we ban breastfeeding at work?

06/28/2012
Q. Can we legally prohibit female workers from breastfeeding at work?

EEOC on age bias: Update on ‘reasonable factors other than age’

06/28/2012
The EEOC has issued a new regulation addressing the “reasonable factors other than age” (RFOA) defense to disparate impact claims under the Age Discrimination in Employment Act. Understanding the new regulation can help you comply with the law and prevail in court if you are sued.

OSHA inspector’s drive-by results in six-figure fine

06/28/2012
A random coincidence has resulted in a costly fine for a Lancaster County construction firm. OSHA cited Quality Stone Veneers for eight safety violations after an OSHA inspector noticed substandard scaffolding when he drove by a residential construction site.

Workers’ comp: OK to require immediate accident reports

06/28/2012

Under the state’s workers’ compensation law, Pennsylvania employees have 120 days to report workplace injuries to their employers. But em­­ployers are free to require more immediate reports. Firing the employee for breaking a timely accident reporting rule doesn’t violate the law.

Race differences alone won’t prove discrimination

06/28/2012

Some employees attribute perfectly reasonable actions to race dis­crimination just because the ­decision-maker happens to belong to a different protected class. Fortunately, courts usually quickly dismiss such cases.