Articles Posted in Pennsylvania

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SCOOP! PA businesses may have to allow employees to use medical marijuana outside of work

Image Credit: Pixabay.com This definitely caught me flat-footed. An implied duty to accommodate? I think not. Pennsylvania’s medical marijuana law specifically states that no employer must “make any accommodation of the use of medical marijuana on the property or premises of any place of employment.” But the law is silent…

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PA Supreme Court will decide whether two businesses can agree not to poach each other’s employees

Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/) Company A and Company B work together from time to time on certain projects. Both companies have invested a lot of time, money, and other resources into their respective workforces and do not want to risk employees switching companies. So, they enter into a no-hire or…

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I can do better than yesterday’s weak sauce “72 police officers” post

By Zuzu – Own work, CC BY-SA 3.0, Link “72 police officers in trouble over offensive Facebook posts is your wake-up call to reeducate employees about responsible social media.” Yeah, that takeaway stinks. I should have focused on the conscious bias instead. Yesterday, at the SHRM Conference, I was talking…

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72 police officers in trouble over offensive Facebook posts is your wake-up call to reeducate employees about responsible social media.

By Zuzu – Own work, CC BY-SA 3.0, Link I’m typing this post in Las Vegas at the 2019 SHRM Annual Conference and Exposition. Several years ago, the intersection employee use of social media and HR compliance spawned several sessions on the topic. I should know; I delivered many of…

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You can’t fire an employee while on FMLA leave. Except when you can.

Image Credit: Pixabay.com Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled. An employee fired while…

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How in the world did a DEAD person get suspended for racist behavior?!?

Uncredited [Public domain], via Wikimedia CommonsNot only that but two different employers disciplined the same dead person on the same day. Last Friday, I was on the road in Cleveland doing some anti-harassment training for managers and supervisors. Minutes before my second session, I glanced down at my phone to…

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285,000 reasons that your company president shouldn’t ridicule an employee with a disability. Especially not in email.

Lorimar Productions/NBC [Public domain], via Wikimedia CommonsIn 1976, Sally Field played Sybil in the eponymous TV movie. Sybil was a teacher who suffered a breakdown in front of her students, only to be diagnosed with dissociative identity disorder. Throughout the movie, Sybil exhibits multiple personalities — 16 in all. Some…

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Does your company use no-hire agreements? Better call a lawyer. Maybe a criminal lawyer.

Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/) In most states, non-competition agreements between an employer and employee are legal, as long as there is some form of consideration (like money) to support them. But, what about a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where one (or both) agrees not…

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The woman who worked for a sex-toy store has … wait for it … a sex-plus claim.

Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website)) On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve. This is not most days. Tuesday, December 4 will be one of those days. If you haven’t…

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Are you confident — “defending-a-class-action-lawsuit” confident — that you’re protecting electronic employee data?

jaydeep_ [CC0 or CC0], via Wikimedia CommonsIt’s Cyber Monday. And, since you could’ve rested your deal-finding, typing fingers anywhere. I appreciate that you’re resting them with me before rejoining the masses for some holiday shopping online. Unfortunately, if you came here looking for links to big savings, I can’t help…