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Employment Law

Employee complaining about bias? Always investigate before imposing any discipline

10/03/2011

Don’t let down your guard just because an employee’s discrimination complaint lacks merit. He could still have a legitimate retaliation claim. Simply put, if a supervisor punishes an employee after he complains about discrimination, you can still be found liable even if there was no discrimination in the first place.

OSHA site helps prevent work-related hearing loss

10/03/2011
OSHA has launched a new Occupational Noise Exposure page on its website that provides tips and tools to prevent noise-related hearing loss.

Which online comments are protected? NLRB helps explain

09/30/2011
Confusion reigns over when employers are legally allowed to discipline employees for bashing the company on Facebook or other social media sites. Now the NLRB has published a report that summarizes the out­­comes and reasoning behind 14 cases it decided in the past year involving employees’ use of social media and the legality of em­­ployers’ social media policies.

Poor performer has complained? Read this before firing!

09/28/2011

Employers usually don’t have a problem terminating an em­­ployee for poor performance if the employee has never raised any kind of discrimination claim. But somehow, as soon as an employee goes to the EEOC (or even just HR) with a complaint, the same employer doesn’t know what to do. Should you terminate the em­­ployee and face a potential retaliation suit?

What should we do? It looks like employee used FMLA leave for elective surgery

09/28/2011
Q. An employee told her supervisor that she needed surgery. We approved time off under the FMLA with the understanding that she would provide certification after the leave began. We later discovered that this “necessary” procedure was liposuction. Can we revoke approval of medical leave under the FMLA and convert sick hours she used to vacation hours instead? Can we fire her based on inappropriate use of the FMLA?

What can we do about an employee who racked up hours of unauthorized overtime?

09/28/2011
Q. We orally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do?

No miner tracking, no mining

09/28/2011
The federal Mine Safety and Health Administration has been granted an injunction preventing the Buck Mountain Slope Mine in Lykens from operating until it installs a wireless tracking and communications system in the mine.

Tremont mine achieves dubious first, will pay $900k

09/28/2011
The R&D Coal Co. has become the first company to be cited for a flagrant safety violation under the Mine Improvement and New Emergency Response (MINER) Act of 2006. On Oct. 23, 2006, methane detonated in a tunnel at the Tremont Township mine, killing Dale Reightler.

Lancaster plant finds itself on losing end of federal case

09/28/2011

ALCOA Mill Products will pay more than half a million dollars to resolve accusations it discriminated against black, Hispanic and female applicants for material handler positions at its Lancaster plant. The plant fulfills orders under a contract with the U.S. Army.

Challenge it! ADA suit, disability claim don’t mix

09/28/2011

Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending. If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.