The Employer Handbook Blog

PA to require public-works contractors & subcontractors to use E-Verify

July 12, 2012 | by Eric B. Meyer

Last week, Governor Tom Corbett (R) signed the Public Works Employment Verification Act. The Act goes into effect on January 1, 2013, and will require contractors and subcontractors on PA public-works projects to confirm the employment eligibility of newly hired workers using the federal E-Verify program. E-Verify is a free Internet-based system that allows businesses to determine where employees may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization.

A first offense will result in a warning. A second offense will result in 30-day debarment from public work and a small fine. All subsequent violations will get you a public-work bar of between 180 and 365 days. Any willful violation may result in a 3-year public work ban.

Moreover, the Department of General Services of the Commonwealth will be conducting both complaint-based and random audits of covered employers to determine compliance with the Act.

It’s tough to prove age bias after getting caught sleeping on the job

July 11, 2012 | by Eric B. Meyer

I was reading this Third Circuit decision yesterday about an employee who got demoted for sleeping on the job, and all I could think of was Homer Simpson. For not unlike Homer J., a nuclear safety technician, this employee was responsible for monitoring his plant’s equipment to prevent malfunctions that could result in explosions, property damage, injuries, and fatalities. Except, unlike Homer, the former employee was allegedly found sleeping on the floor of his office, with a pillow, blankets, and an alarm clock nearby. Now that’s what I call an all-out Costanza! All that’s missing here are the empty calories and male curiosity, eh Georgie?

Instead, we are left with a baseless age-discrimination lawsuit from a employee, claiming that when he was demoted, it wasn’t for sleeping on the job. Rather, it was because of his age and an unwritten policy “to get rid of older employees,” premised upon a single stray remark and slipshod investigation into the sleeping incident.

Smell that? Yeah, me too… (And it’s not what The Rock is cookin’)

To prove age discrimination, an employee must demonstrate, at a minimum, that the employment action taken occurred under circumstances that give rise to an inference of discrimination. One stray remark and a poor investigation — even if true — do not indicate that age was the motivating reason behind an employment decision, which is the burden that a plaintiff must meet to prove age discrimination.

What’s the lesson to be learned here? If you are going to sleep at work, don’t get caught, of course. Or maybe do your sleeping at home…in a bed.

HR 101: Don’t suggest “No More Hysterectomies” to a woman on FMLA

July 10, 2012 | by Eric B. Meyer

In my years of practicing employment law, I’ve drafted several employee handbooks and Family and Medical Leave Act (FMLA) policies for employers. The policies I draft are thorough. But just the other week, it occurred to me that I should probably add some language to the effect that supervisors should refrain from recommending the book No More Hysterectomies to any female employee who requests FMLA leave, especially to have a hysterectomy.

That recommendation would be stupider than stupid stupid. And, wouldn’t you know it, a company in Ohio appears to have managed to screw that up.

I couldn’t make this stuff up if I wanted to. Well, except for the part about the policy revision. That’s pure BS. But the screw-up is not. Details after the jump…

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U.S. Department of Labor has a new FMLA guide and webinar

July 9, 2012 | by Eric B. Meyer

Late last year, the US Department of Labor issued this fact sheet, which provides general information concerning the Family and Medical Leave Act’s (FMLA) prohibition of retaliating against an individual for exercising his or her rights or participating in matters protected under the FMLA.

Last month, the DOL followed up with the “Family and Medical Leave Act Employee Guide,” a copy of which you can download here. A related webinar, which the DOL held on June 27, includes a list of frequently asked questions. You can view it here.

Although geared towards employees, these are both nonetheless good reads for HR professionals looking to hone their FMLA chops.

NJ reaffirms that officers may be personally liable for unpaid wages

July 6, 2012 | by Eric B. Meyer

Want another reason not to enter into a long-term contract with an employee? Click through…

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Pennsylvania to relax OT requirements for hospitals

July 5, 2012 | by Eric B. Meyer

Last week, Pennsylvania’s Governor, Tom Corbett was presented with this bill that will allow hospitals and other medical care facilities in Pennsylvania to better control the scheduling of employees to control payment of overtime. Details after the jump…

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PA bill will protect privacy of employee social media passwords

July 3, 2012 | by Eric B. Meyer

On June 18, 2012, the Pennsylvania House of Representatives introduced the Social Media Privacy Protection Act, which would protect the privacy of employee online user names and passwords.

A summary of the bill, and what this could mean for PA employers, follows after the jump…

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Paid sick leave now in effect in Philadelphia

July 2, 2012 | by Eric B. Meyer

As of yesterday, July 1, 2012, covered employers in Philadelphia are now required to afford sick leave to certain employees. Here is a copy of the new law. You’ll also need to read this bill to have any chance at making heads or tails of the new sick-leave requirements.

But, I’ll give you a brief summary of the new law after the jump…

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Healthcare, what? Eyeball 3 other pending employment law bills

June 29, 2012 | by Eric B. Meyer

I heard that there was some Supreme Court decision yesterday about healthcare. Want the scoop? Google it.

They zig, I’ll zag with the scoop on some other pending employment-law legislation of which employers should take note…after the jump…

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One roughneck’s life: sex jokes, gay innuendo, all legal.

June 28, 2012 | by Eric B. Meyer

When Harold Wasek signed on to work at an oil rig in Pennsylvania, he had no idea what lay in store for him, especially when one of his co-workers discovered that Wasek would get easily riled with sexually explicit stories, jokes, fantasies, and names.

“You’ve got such a pretty mouth.”

“Boy you have pretty lips.”

“You know you like it, sweetheart.”

Wasek complained to his supervisor. But the harassment worsened. He was touched in a sexual manner: grabbing his buttocks, poking him in the rear with a hammer handle and something described as a long sucker rod.

So Wasek sued claiming sex discrimination. And he lost. Why? Because his harasser was a straight man.

Seriously.

I’ll explain after the jump…

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