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Employment Law

Accommodation requires completely new job? Disabled employee must give it an honest try

11/08/2016

Employers aren’t required to create new positions to meet a disabled employee’s needs, but they must consider the employee for open positions that he or she may be qualified to perform.

OK to pay salary to nonexempt employees

11/08/2016
When a salaried employee works a different schedule, you must make sure your system captures the deviation and adjusts the paycheck accordingly.

Disability doesn’t excuse worker misbehavior

11/08/2016
Don’t let an employee tell you he should be excused from appropriate workplace behavior because of a disability.

Boss: Prove you’re HIV-free. EEOC: See you in court

11/08/2016
Houston nightclub hotspot Diallo’s faces an EEOC lawsuit after the owner allegedly insisted an employee prove she was HIV-negative.

EEOC wins key round in sexual orientation discrimination suit

11/08/2016
A federal judge handed the EEOC a preliminary win in EEOC v. Scott Medical Health Center.

Hospitality, food service draw the most FLSA lawsuits

11/03/2016
The hospitality and food service industries have been the most frequent targets of U.S. Department of Labor wage-and-hour lawsuits since 1985.

Beware poor agreements that compromise contractor status

11/02/2016
Such an agreement can be the kiss of death if it’s anything like one recently reviewed by the 3rd Circuit Court of Appeals.

Philadelphia Parking Authority belatedly fires director over harassment charges

11/02/2016
The Philadelphia Parking Authority has fired Executive Director Vincent Finerty, Jr., after sexual harassment charges came to light.

EEOC unmasks religious discrimination at Erie, Pa., hospital

11/02/2016
St. Vincent’s Health Center, owner of St. Vincent’s Hospital in Erie, Pa., faces an EEOC religious discrimination lawsuit after it fired six employees who refused on religious grounds to receive flu vaccinations.

Lost certification during FMLA? No right to reinstatement

11/02/2016
Employees on FMLA leave aren’t entitled to reinstatement if they can’t perform the essential functions of their jobs.