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Employment Law

Employee late in submitting his FMLA certification? Don’t just fire! Find out why

09/27/2012

When employees take FMLA leave, you can require they obtain written certification from a doctor to confirm the underlying serious health condition. FMLA rules say you must give the employee “at least 15 calendar days to obtain the medical certification.” But take note: It’s not smart to terminate an employee simply because you didn’t receive the paperwork on time.

Is there an hourly threshold employees must pass to earn paid holidays?

09/26/2012

Q. Is there a law that states the number of hours necessary to be considered full time for being eligible for paid holidays? Our handbook says an employee who works fewer than 40 hours a week is considered part time. An employee who works 34 hours a week wonders if he should be eligible for paid holidays. Our handbook says he’s not. Is that OK?

Is ‘he who hired also fired’ a good defense against discrimination charges?

09/26/2012
Q. If an employee claims he was discriminated against by the same supervisor who hired and fired him, does the employer have a defense to the discrimination claim?

Must we pay an intern we plan to bring in?

09/26/2012
Q. We plan on hiring a college intern later this year. Will we have to pay him or her?

What should we do? Our work requires talking on cellphones while driving

09/26/2012

Q. The animal care officers who work for us spend 80% of their time driving and responding to rescue calls via cellphone. Requiring them to pull off the road while talking on their phones wouldn’t work. Is there another way to limit our liability?

Steel firm settles religious accommodation suit

09/26/2012
Pittsburgh-based steel-industry supplier Magnetics International will pay $30,000 to settle a religious discrimination suit filed by an employee in Indiana who claimed the company failed to accommodate his need to worship regularly.

New Pennsylvania law protects service dogs

09/26/2012
Gov. Tom Corbett has signed legislation offering greater protection to service dogs that assist disabled people. Under the new legislation, dog owners whose dogs attack service dogs may be charged with a third-degree misdemeanor …

EEOC dresses down Delia’s for Lehigh pregnancy bias

09/26/2012
Teen fashion retailer Delia’s will pay $75,000 to two former employees at the chain’s Lehigh Valley Mall store to settle pregnancy discrimination claims. Apparently, pregnant employees didn’t mesh with Delia’s brand image.

Ugly operating room incident leads to distress trial

09/26/2012
A federal court has held that two doctors can sue over outrageous behavior in the operating room. Two Jewish anesthesiologists working for Aria Health can sue over another doctor’s be­­havior, which they allege caused them severe emotional distress.

Remind supervisors: Absolutely no comments about employee’s pending EEOC complaint

09/26/2012
There are some words that should never come from a supervisor’s mouth—including any statement that would seem to encourage an employee to drop an EEOC complaint. That just about guarantees that a retaliation or interference lawsuit will go to trial should anything adverse (like a discharge or demotion) happen to the employee to whom the supervisor was speaking.