by Mark I. Schickman
At its heart, the Pennsylvania State University (PSU) football scandal is a criminal matter. But it’s also the ultimate example of sexual harassment being permitted to recur openly, continuously, and notoriously in a workplace. It’s a sober reminder of what can happen if any person or group believes they are bigger than [...]
Posted in California, Commentary, Discipline and Employee Misconduct, Employee Misconduct, Pennsylvania, Sexual Harassment by: California Employment Law Letter
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by Robert C. Nagle
Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.”
Posted in Benefits, Classifying Workers, DOL, FLSA, IRS, Independent Contractors, Minimum Wage, Overtime, Pennsylvania, Title VII, Wage and Hour by: Pennsylvania Employment Law Letter
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by Lorraine Yeomans
The 2010 state legislative sessions have kicked off across the nation, and one of the first pieces of legislation to be signed into law this year was a bill legalizing the use of medical marijuana.
On January 18, as one of his last acts before leaving office, New Jersey Governor Jon Corzine signed the [...]
Posted in ADA, ADA Accommodation, Alabama, Alaska, Arizona, California, Colorado, Delaware, Discipline, Drug Free Workplace, Drug Testing, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New Jersey, New Mexico, North Carolina, OSH Act, Oregon, Pennsylvania, Policies, Rhode Island, Safety in the Workplace, Tennessee, Vermont, Washington, Wisconsin by: Employers State Law Alert
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by Emily Hannah Bensinger
The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an “essential [...]
Posted in ADA, ADA Accommodation, Absenteeism, Disability Discrimination, Discrimination and Harassment, Pennsylvania, Retaliation, Termination by: Pennsylvania Employment Law Letter
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by Christine Kenny
Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can be [...]
Posted in ADA, Employee Leave, FLSA, FMLA, FMLA Leave, Pennsylvania by: Pennsylvania Employment Law Letter
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(Updated October 2008)
A federal appeals court affirmed the dismissal of a disability discrimination claim based on perfume sensitivity. It found that the employer reasonably accommodated the employee by taking various measures, including prohibiting perfume in the workplace.
HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including the Americans with Disabilities Act [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Absenteeism, Disability Discrimination, New Jersey, Pennsylvania, Retaliation, Termination by: New Jersey Employment Law Letter
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