On January 7, 2016, the Department of Labor (“DOL”) announced that a tire and road service employer will pay more than $118,000 in unpaid wages and damages to 11 workers. During a DOL investigation, it was discovered that the employer paid its non-exempt workers a flat salary without regard to the number of hours that the employees actually worked, a practice that is strictly prohibited by the … [Read more...] about Education Prevents Litigation: Understanding Employee Pay Before It’s Too Late
EPELog
Managing Employee Absenteeism: What To Do When Your Employees Are Absent Or Late With the Winter Blues
While, on one hand, generosity with affording sick leave time is a good business practice (after all, a healthy workforce is a productive workforce), on the other hand, unanticipated call-offs can be costly and disruptive to an organization, particularly when certain employees are chronically absent. In our experience, chronic absenteeism has a direct impact on employee morale and productivity, … [Read more...] about Managing Employee Absenteeism: What To Do When Your Employees Are Absent Or Late With the Winter Blues
In An ADA Claim, Could Declining Performance Be a Manifestation of a Disability?
A recent case calls attention to this question, of interest to all employers. In the case of Aptaker v. Bucks County Intermediate Unit, No. 14-225 (E.D.Pa. 2015), a special education teacher filed suit after she was fired asserting a claim under the Americans with Disabilities Act. Following the teacher’s disclosure to her employer that she suffered from depression, she “was subjected to … [Read more...] about In An ADA Claim, Could Declining Performance Be a Manifestation of a Disability?
Third Circuit Gives Helpful Guidance in Employment Investigations, Especially When there is Concern of a Possible Discrimination Claim
In a recent case out of the Third Circuit Court of Appeals, which covers Pennsylvania, New Jersey and Delaware, the Court provides helpful guidance to employers who are conducting investigations of employees, especially when there is a concern that those employees may later file a complaint against the employer alleging discrimination or harassment. In the case of Jones v. SEPTA, No. 14-3814 (3d. … [Read more...] about Third Circuit Gives Helpful Guidance in Employment Investigations, Especially When there is Concern of a Possible Discrimination Claim
It’s Complicated: Data Breach Exposes Privacy Issues for Employees Conducting Personal Business on Work Devices
The online cheating website, Ashley Madison, has plagued headlines the past couple of weeks after hackers posted details of millions of online users. This massive privacy breach has raised some unique questions, especially for employers whose employees apparently used their work e-mail addresses as part of the registry process for the website or accessed the website during work hours. The Ashley … [Read more...] about It’s Complicated: Data Breach Exposes Privacy Issues for Employees Conducting Personal Business on Work Devices
New EEOC Action is a Warning to Employers to Take Steps to Prevent Discrimination or Harassment of Employees on the Basis of Sexual Orientation
While there currently is no federal law that explicitly provides protections against discrimination on the basis of sexual orientation in the workplace, and some states, including Pennsylvania, do not have such protections under state law, employers should be aware that the EEOC at present is reading Title VII's prohibition against sex discrimination as extending to sexual orientation. While it is … [Read more...] about New EEOC Action is a Warning to Employers to Take Steps to Prevent Discrimination or Harassment of Employees on the Basis of Sexual Orientation
