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Employment Law

Beware denying ‘vacation’ requests that are thinly disguised as FMLA leave

08/26/2011
If an employee asks you to ap­­prove an especially long vacation, and you suspect the reason may be a covered condition under the FMLA, beware automatically rejecting the request. You may risk an FMLA in­ter­ference lawsuit. Plus, any subsequent discipline could be considered retaliation.

EEOC finds fault with ‘no fault’ attendance policies

08/25/2011

Verizon’s recent $20 million settlement of a class-action lawsuit—the largest disability settlement in EEOC history—is shining a spotlight on the legal risks of no-fault attendance policies. The lawsuit claimed the company violated the ADA by refusing to make exceptions to its no-fault attendance policy to accommodate employees with disabilities.

When to pay for ‘on call’ hours? Ignorance of law isn’t an excuse

08/24/2011

Whether or not to pay employees for on-call time comes down to one question: How many restrictions are you putting on the employees’ personal time? The EEOC says on-call time be­­comes compensable under the FLSA “when the on-call conditions are so restrictive or the calls to duty so frequent that the employee cannot effectively use on-call time for personal purposes.”

How Dodd-Frank’s whistle-blower rules put you in the crosshairs

08/23/2011
The Dodd-Frank Wall Street Reform and Consumer Pro­te­ction Act, passed in the wake of the financial crisis, enacts significant reforms to the financial system. HR professionals need to become familiar with the law’s whistle-blower and anti-retaliation provisions.

Philly airport Legal Sea Foods wraps up odd pay policy

08/23/2011
Sometimes unique workplace situations lead to creative solutions, but those solutions aren’t always, well, legal. Legal Sea Foods’ location at the Philadelphia International Airport has two positions that apparently exist nowhere else in the chain: silverware rollers.

Always have witness to entire termination process

08/23/2011
To avoid needless litigation, make sure someone else sits in on termination meetings.

No more bonuses just for showing up on time

08/23/2011
The South Jersey Port Corporation, which operates shipping terminals on the Delaware River near Philadelphia, has heeded New Jersey Gov. Chris Christie’s call for fiscal austerity by taking a heretofore unusual step: It will no longer pay bonuses for not being late.

What is Philadelphia’s law on requesting info on applicants’ criminal records?

08/23/2011
Q. Our company has an office in Philadelphia. Can we ask about an applicant’s criminal and arrest record when recruiting employees to work there?

When terminating a veteran, can we ask her to sign a waiver of employment claims?

08/23/2011
Q. Can we rely on a release of all employment claims when terminating a military service member or veteran?

New Jersey Supreme Court expands damages for whistle-blowers

08/23/2011
The New Jersey Supreme Court has just made it easier for whistle-blowers to recover back-pay damages. In Donelson v. DuPont Chambers Works, the state’s highest court expanded the definition of “adverse employment action” and held that an employee can recover lost wages if the employer’s retaliation caused a disability that made the employee unable to continue working.