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Employment Law

Congress OKs pension-plan funding relief bill

12/24/2008

Employer retirement plans suffered huge losses in 2008, and employers would face even more burdens if they had to comply with new, stricter funding rules passed under the Pension Protection Act of 2006. For that reason, Congress last month voted to ease those rules …

BlackBerry time: When must you pay for employees’ off-duty PDA hours?

12/24/2008

Hand-held devices, such as BlackBerrys, Trios, iPhones, etc., make it easy for workers to check e-mail and do work at any time of day. And your nonexempt, hourly workers may demand to be paid for that screen-time. So, when must your organization pay nonexempt employees for such off-the-clock work? There’s no clear-cut answer.

Generous about leave? Beware FMLA suit anyway

12/24/2008

What happens if an employer discourages an employee from taking FMLA leave and instead offers more than 12 weeks off with full pay? Can the employee still sue for interference with his right to FMLA leave if he isn’t reinstated to his prior position or an equivalent? The apparent answer is "yes."

OK to suspend employee who has been arrested if alleged violation would compromise safety

12/24/2008

Being arrested for a crime is not the same as being convicted. After all, citizens are innocent until proven guilty, and many arrests never result in convictions. But the presumption of innocence doesn’t mean employers can’t suspend employees who have been charged with crimes—if those alleged crimes may affect their ability to do their jobs.

Wipe out harassment or face state and federal lawsuits

12/24/2008

A recent federal trial court decision has given new ammo to employees who want to sue their employers for sexual harassment—especially if the alleged harassment involves any kind of touching.

Fired for tape recording, woman gets day in court

12/24/2008

A woman who was fired for allegedly secretly recording a conversation she had with a supervisor about harassment can still sue for sexual harassment, a federal court has ruled. It did not matter that secretly recording conversations may be a crime in Pennsylvania.

That hot-headed chef routine only flies on TV

12/24/2008

In the real world, hurling insults at workers is a recipe for disaster, as the catering company that provides food service at the Comcast Center in Philadelphia recently learned …

Theater company to pay $162,000 for sexual harassment

12/24/2008

The Pennsylvania Human Relations Commission has ordered Plum Entertainment, a New Hope theater production company, to pay $162,000 to Sharon Sheridan, a former personal assistant who claimed she was fired for complaining about sexual harassment.

Mayor, police chief square off, but chief takes home $160,000

12/24/2008

The borough of Ellwood City has agreed to pay $160,000 to former police chief Richard McDonald to settle charges of racial discrimination. Almost immediately after being hired in June 2007, McDonald clashed with Mayor Donald Clyde …

Dress, grooming policies should serve bona fide business need

12/24/2008
Employers may generally impose rules requiring employees to adhere to reasonable workplace appearance, grooming and dress standards. But as straightforward as the issue seems to be, grooming standards can create problems for employers.