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Employment Law

A matter of balance: Medical marijuana, the ADA and drug testing

12/04/2017

In Pennsylvania, case law says employers should balance an employee’s privacy interests against the need for random drug testing.

Carlisle settles age bias suit

12/04/2017

Carlisle Borough Council has authorized a $650,000 settlement with the Pennsylvania town’s former public works director to resolve charges that his May 2014 firing was discriminatory.

Be prepared to explain why pay differs for similar jobs

12/04/2017

Keeping close track of why one individual earns less than another goes a long way toward defending against Equal Pay Act claims.

Wage-and-hour dispute? Seek settlement before employee has a chance to file suit

12/04/2017

If a case involving unpaid overtime or some other FLSA claims isn’t settled before the worker files a federal lawsuit, the law requires a federal judge to review any proposed settlement for fairness and consistency with the FLSA’s intent to protect workers from employer violations.

Consider every religious accommodation request, even out-of-the-ordinary ones

12/04/2017

Just because an employee’s religious beliefs fall outside the mainstream doesn’t mean they aren’t protected. In fact, many beliefs qualify as religious even if they may seem outlandish to someone practicing a mainstream religion.

Routinely log phone calls coming into HR

12/04/2017

HR professionals should document all phone calls received from applicants or employees and include a brief summary of the outcome. That way, should someone later claim no one answered or returned a phone call, you have a way to counter the allegation.

Require identical hiring process for all applicants

11/30/2017

Informal employment inquiries can sometimes lead to failure-to-hire lawsuits. The best way to avoid such litigation is to set up a clear application process and tell all potential applicants that this is the only way they can apply.

To call or not to call: Contacting workers on FMLA leave

11/29/2017

Here are four common issues involving communications with employees during their FMLA leave.

EEOC sues Fresno firm for national origin discrimination

11/29/2017

The EEOC has filed suit against Papé Material Handling in Fresno, alleging the company systematically discriminates against Hispanic employees.

California law figures OT by the day, unlike federal FLSA

11/29/2017

A federal court considering a class-action lawsuit alleging violations of California law and the federal Fair Labor Standards Act has dismissed the FLSA claims because the allegations were unclear.