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Employment Law

Does the FMLA cover cosmetic surgery?

09/24/2010
Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence?

May we ask applicants about criminal records?

09/24/2010
Q. We’re going back and forth on this question: On an employment application, can we legally ask about an applicant’s prior conviction record or arrest record?

Doylestown bans discrimination on basis of sexual orientation

09/24/2010
The Doylestown Borough Council has unanimously passed an ordinance banning discrimination in employment, housing and public accommodations based on sexual orientation. The law protects lesbian, gay, bisexual and transsexual people from discrimination.

Judge approves disability bias class action against SSA

09/24/2010

An EEOC administrative law judge in Philadelphia has agreed to allow a group of disabled workers to bring a class-action discrimination lawsuit against their employer, the Social Security Administration. The suit alleges the SSA has created a glass ceiling for employees with certain targeted disabilities.

Duquesne Law revisits the lawsuit that wouldn’t die

09/24/2010
Some employee lawsuits just won’t go away. Duquesne Law School in Pittsburgh is still embroiled in litigation it thought had ended three years ago—because a savvy employee has added new claims to an old sex discrimination and sexual harassment lawsuit.

Failure to interview for promotion can be retaliation

09/24/2010
Employees who complain about alleged discrimination and experience retaliation can sue even if it turns out they don’t have a valid discrimination case. And almost anything that would dissuade someone from complaining in the first place is retaliation.

Watch out when firing for breaking unwritten rule

09/24/2010
Before you approve a termination based on an employee’s apparent violation of an unwritten rule, decide whether the reason can stand up to scrutiny.

OK to pay commissions on a flat-rate basis–it won’t violate FLSA commission exemption

09/24/2010

For years, the DOL has argued that commissions must be based on a percentage of sales in order to be valid. But now the 3rd Circuit has approved a different form of commissioned sales—one in which employees are paid based not on the total amount of the sale, but on other factors such as whether the sale was made on an outgoing sales call or an incoming one.

Hazleton’s illegal-immigrant law overturned: Federal law prevails–for now

09/24/2010
The 3rd Circuit Court of Appeals has overturned the city of Hazleton’s local ordinances that attempted to regulate employment of undocumented immigrants. The court reasoned that the federal government has the sole authority to oversee illegal immigration.

Pennsylvania House considers mandatory sick leave bill

09/24/2010

A Pennsylvania House of Representatives committee has begun considering legislation that would require all employers to provide some paid sick leave for employees. The Healthy Family, Healthy Workplaces Act would require employers with 10 or more employees to provide at least one hour of sick leave for every 40 hours worked, up to a maximum of 52 hours per year.