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Employment Law

Bethlehem’s St. Luke’s hospital won’t hire smokers

04/28/2010

St. Luke’s Hospital and Health System in Bethlehem will screen new hires for tobacco use and not hire anyone who tests positive for nicotine. Current employees will not be tested. Employees who fail the screening may try again in six months.

Enterprising techie rents city’s phones to family, friends

04/28/2010
An IT technician for the city of Philadelphia spotted an opportunity when she discovered 28 city cell phones that were going unused. She rented them out to friends, family members and eight city employees. The beneficiaries of her entrepreneurship then racked up more than $30,000 worth of phone calls and texts … She agreed to plead guilty to third-degree felony theft, obstruction and misuse of public property.

Philly area McDonald’s will pay disabled worker $90,000

04/28/2010
The franchisee that operates a McDonald’s restaurant on City Line Avenue in Philadelphia has settled with the EEOC, resolving a disability discrimination complaint brought by a former employee with developmental disabilities.

Rate of union membership fell in Pennsylvania in 2009

04/28/2010

According to the latest numbers from the Bureau of Labor Statistics, Pennsylvania lost 65,000 union jobs last year, and the rate of union membership declined from 15.4% to 15%. The number of union jobs in Pennsylvania fell from 847,000 to 782,000.

Inability to work overtime doesn’t constitute disability

04/28/2010
Employees with psychological problems may claim they can’t handle the stress of working more than a regular 40-hour week. But if that’s the only restriction the employee has, he’s probably not disabled.

Don’t rewrite job description in middle of hiring process

04/28/2010

Before you post a job opening and begin the search process, be sure the job description is accurate and reflects the experience and qualifications you’re looking for in the ideal candidate. Above all, don’t change the description midstream after you’ve begun reviewing candidates.

Independent judgment, discretion key to administrative exemption under Pa. law

04/28/2010

Under the Pennsylvania Minimum Wage Act (PMWA), employees engaged in administrative work aren’t eligible to collect overtime pay. But what about employees who spend a lot of time in the field—calling on clients or prospects, for example?

COBRA subsidy expanded, extended through May 31

04/28/2010
On April 15, President Obama signed into law amendments to the COBRA subsidy provision of the American Recovery and Reinvestment Act stimulus. Those amendments—plus amendments enacted in March—not only extend the time that the subsidy is available, but also offer it to certain individuals whose hours were reduced before they were involuntary terminated.

EEOC: Goldsboro company wouldn’t accommodate Sabbath

04/28/2010
Goldsboro-based construction company T.A. Loving faces EEOC religious discrimination charges after the company fired several Seventh-day Adventist workers because they refused to work on their Sabbath.

AAA hit with discrimination claim

04/28/2010
Several current and former employees of the Charlotte office of the AAA Carolinas have filed racial discrimination claims against the company, claiming they were passed over for promotion in favor of less qualified white employees.