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Employment Law

State looking to end-Run ERISA on health care

09/01/2007

The state of Pennsylvania is looking for a way to force employers to pay their share of health care costs without running afoul of the Employee Retirement Income Security Act (ERISA) …

Woodmen Life settles harassment suit for $285,000

09/01/2007

Lincoln, NE-based Woodmen of the World Life Insurance Society will pay $285,000 plus a $50,000 annuity to Louella Rollins, a Pittsburgh-area woman who served as state manager for Woodmen in Pennsylvania. Rollins claimed that a man she supervised complained openly about having to work for a woman. She said the employee also grabbed and touched her …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

Travel time normally not payable

09/01/2007

Q. Do I have to pay my employees for travel time? …

The elements of a valid noncompete agreement

09/01/2007

Q. What standards must Pennsylvania employers follow when drafting noncompete agreements? …

Employee access to personnel files

09/01/2007

Q. Who has the right to view personnel files? …

Phone privacy: It’s your property

09/01/2007

Q. Can employers eavesdrop on their employees’ phone conversations at work, or listen to their voicemail messages in the company voicemail system? …

It’s up to employers to prove they’re acting in good faith

09/01/2007

You’ve no doubt heard the adage that ignorance of the law is no excuse. But what you may not know is that it’s up to employers to prove they took concrete steps to overcome that ignorance if the law in question is the Fair Labor Standards Act …

Intermittent-Leave Abuse? Double-Check Facts Before You Act

09/01/2007

Do you have employees on intermittent leave? Are they leaving work early for “medical reasons” at predictable times? Then your organization may be the victim of intermittent-leave abuse. It may be tempting to discipline or fire employees whose leave patterns (e.g., falling on Mondays or Fridays) suggest abuse. But you’re better off investigating thoroughly before you act  …

You must notify employee when leave is almost up

09/01/2007

Employees nearing the end of their 12 weeks of FMLA leave have the right to know when it will expire. You can’t simply calculate when the time will run out and not give a “heads up.” In fact, silence may operate as an unspoken extension. What’s more, expect an FMLA lawsuit if you then refuse to reinstate the employee because she took too much leave …