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Employment Law

Will PHRA expand to cover sexual orientation?

06/23/2011
Harrisburg Controller Dan Miller is lobbying the Pennsylvania Legislature to expand the Pennsylvania Human Relations Act to include sexual orientation and gender identity as protected classes. For Miller, it’s personal.

Better be prepared to justify unequal treatment

06/23/2011
There are times when management feels compelled to treat some employees differently than others. That’s fine—as long as you can explain why and your explanation makes it clear that race, age, sex or some other protected characteristic wasn’t the reason.

Telework before commute: Is drive time paid?

06/23/2011

Many employees spend time at home before or after their workday checking email. For nonexempt employees, that work could count as paid time if it amounts to a “substantial” amount of time. But now some hourly employees have begun to raise a related issue: If they start the day with a few work emails, shouldn’t they be paid for the time they spend commuting to work?

Supreme Court’s Walmart ruling makes it harder for workers to bring class actions

06/20/2011
In the most anticipated employment law ruling of the year, the U.S. Supreme Court said a huge lawsuit on behalf of 1.5 million female Walmart employees cannot proceed as a single class-action case. Experts say the important ruling will make it more difficult for employees to band together in giant class-action cases against employers. (Walmart v. Dukes)

Employee fired for filing Form SS-8 may sue

06/20/2011
A worker who was fired after admitting to his employer that he filed Form SS-8 with the IRS to determine his status as an independent contractor or employee can continue his lawsuit for unpaid overtime, a federal trial court has ruled.

When do minor ailments become eligible for FMLA?

06/20/2011
Q. Are minor problems like urinary tract infections considered “serious health conditions” under the FMLA? Do we have to allow time off?

Tread carefully with pregnant underperformer

06/17/2011

Performance improvement plans (PIPs) can help turn around subpar employees. But if you use PIPs, make sure you implement them equitably. For example, if you place a sales­person on a PIP to raise falling sales, then institute a PIP for everyone whose sales have fallen to the same level. That’s especially important if one of the employees is about to take FMLA leave or is pregnant.

6 steps to take if one of your employees gets arrested

06/17/2011
With a record number of Ameri­cans now in prison and police and prosecutors increasingly taking a hard line on crime of all kinds, more employers are finding themselves unprepared to answer the question: “What do I do now that one of my employees got arrested?”

Failure to investigate alleged harassment brings EEOC lawsuit

06/17/2011
B.J. Con-Sew faces national-origin harassment charges after a Hispanic employee claims he was forced to ­resign to avoid daily harassment. The employee claims he complained to various managers, but no investigation or assistance was forthcoming. Eventually, he quit and filed charges with the EEOC.

Don’t sweat details if your discipline decision is sound

06/17/2011

Do you worry about every detail of discipline and make sure all the facts are completely accurate? Your concern may be needless. Employers certainly have to be fair when disciplining, but judges know HR departments aren’t courts of law—and they don’t demand proof beyond a reasonable doubt.