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Pennsylvania

Tell bosses: Don’t pester teleworkers after hours

06/24/2022
If you have hourly employees working from home, make sure their supervisors understand their role in preventing surprise wage-and-hour claims.

Document how you tried to accommodate religion

06/09/2022
Employers must reasonably accommodate employees’ religious beliefs and need to worship. But it’s not an absolute mandate; the accommodation must be reasonable. If it would cause an undue hardship, employers must document their accommodation efforts and the disruption caused by unsuccessful attempts to accommodate religious needs.

Investigate suspected FMLA intermittent leave abuse

05/12/2022
Dishonest employees often abuse their right to take intermittent FMLA leave. Fortunately, courts grant employers broad leeway to investigate suspicious absences.

Layoffs: Check job-cut list for discrimination liability

04/28/2022
Any time you must lay off employees, carefully review the list of people who will lose their jobs. Reason: Reductions-in-force are magnets for discrimination lawsuits.

Jury finds discrimination, but awards no damages

03/17/2022
It always pays to document poor performance in detail and contemporaneously. If you ultimately need to terminate the employee, you will have the backup you need to justify your decision, even if the employee claims that you somehow discriminated against him.

Beware discipline for work not done during FMLA leave

02/10/2022
When employees take FMLA leave, sometimes their employers just let the work pile up, to be completed when the employee returns. That can be dangerous if the employee can’t catch up and is punished.

Never manipulate pay or hours to avoid OT

02/10/2022
Tempted to play loose with the overtime rules to save money on labor? Bad idea. You will attract the Department of Labor’s attention.

Retaliation by top executive or HR? Prepare to pay up

12/02/2021
Congratulations! A court just said you were not liable for discrimination! Now about that retaliation claim ….

Document ADA requests to prove good faith

11/04/2021
The ADA requires a disabled employee and her employer to have an interactive conversation to determine whether it’s possible to accommodate the disability and, if so, how. If the employee doesn’t participate in the interactive process, she won’t be able to sue successfully over a denied accommodation. That’s why it’s essential to document every interaction once you suspect an employee might be disabled.

Take local predictable scheduling laws seriously

09/16/2021
These days, it’s harder than ever to schedule hourly workers. But before the pandemic hit, scores of cities and towns adopted predictable scheduling laws aimed at letting hourly workers plan their lives around regular schedules. Ignoring those rules may mean big payouts for affected workers.