Archive for the 'Pennsylvania' Category

Power Corrupts

November 15, 2011 at 9:33 am by: California Employment Law Letter

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 [...]

Employers Facing Increased Scrutiny over Worker Classification

July 15, 2010 at 9:00 pm by: Pennsylvania Employment Law Letter

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.”

Medical Marijuana Compassionate Use Laws Among 2010 Legislative Actions

April 15, 2010 at 9:00 pm by: Employers State Law Alert

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 [...]

Attendance Can Be an ‘Essential Function,’ Depending on Job

January 29, 2010 at 10:57 am by: Pennsylvania Employment Law Letter

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 [...]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

December 11, 2009 at 1:58 pm by: Pennsylvania Employment Law Letter

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 [...]

Employee With Perfume Allergy Loses Discrimination Claim

October 12, 2007 at 10:11 am by: New Jersey Employment Law Letter

(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 [...]