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Employment Practices News
March 2010 LOUDERMILL HEARINGS: CONDUCTING THE INVESTIGATORY INTERVIEW Download a PDF version of this article (Requires Adobe Acrobat) * The rules governing the employment relationship between public employers and their employees are complex and often confusing to those in management, particularly when confronted with an employee disciplinary situation. Can a public employer question a public employee about that employee’s misconduct? If so, do any rules exist that govern this process? March 2010June 2009 HOW MUCH IS THAT DOGGIE IN THE WINDOW? Download a PDF version of this article (Requires Adobe Acrobat) * What, you ask, does the popular children’s songhave to do with boroughs? It is the first song that comes to mind when thinking about the unanticipated costs associated with police canines. Why you ask? High Court Holds Age Discrimination Claims May be Subject to Binding Arbitration * On April 1, 2009, the U.S. Supreme Court issued its decision in 14
May 2009 THIRD CIRCUIT UPHOLDS DISMISSAL OF RELIGIOUS DISCRIMINATION LAWSUIT BASED ON STRICT POLICE DEPARTMENT UNIFORM POLICY Download a PDF version of this article (Requires Adobe Acrobat
* In
May 2009 President Obama Signs Legislation Extending Time to File Title VII Pay Discrimination Claims Download a PDF version of this article (Requires Adobe Acrobat) * Earlier this year President Obama signed a new law that gives employees a longer period of time to file pay discrimination claims under Title VII of the Civil Rights Act of 1964. The “Lilly Ledbetter Fair Pay Act” was a direct response to the United States Supreme Court's holding in USERRA’S PETTY LITTLE REQUIREMENTS? Download a PDF version of this article (Requires Adobe Acrobat) * In October 2008 PREPARING FOR YOUR NEXT GENERATION OF SUPERVISORS Download a PDF version of this article (Requires Adobe Acrobat) *Over the next decade the baby boomer generation will move toward and into retirement. While this means that your County will be replacing many employees in rank and file positions, it also means that many of your management and supervisory positions will be left vacant. June 2008
THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 June 2008
CARRYING A BRIEFCASE WHILE COMMUTING: NOT “HOURS WORKED” UNDER THE FLSA June 2008
APPEALS COURT FINDS June 2008
Pre-Employment Drug and Alcohol Testing – Is It Constitutional? PERSONNEL MANAGEMENT TRAPS FOR THE Download a PDF version of this article (Requires Adobe Acrobat) * The Equal Employment Opportunity Commission (“EEOC”) brought an action under Title VII against the Dial Corporation (“Dial”) on behalf of a number of women who had applied for work with the company.
June 2007 SUPREME COURT ALLOWS NON-LAWYERS TO REPRESENT EMPLOYERS AT UNEMPLOYMENT COMPENSATION HEARINGS Download a PDF version of this article (Requires Adobe Acrobat) * In February 2005, the
June 2007 OTHER RECENT UNEMPLOYMENT COMPENSATION CASES Download a PDF version of this article (Requires Adobe Acrobat) * In addition to resolving the issue of representation at unemployment compensation hearings, the Courts have further clarified when an employee is fired for unemployment compensation purposes. June 2007 THIRD CIRCUIT HOLDS THAT EVIDENCE DID NOT SUPPORT FINDING THAT EMPLOYER TOOK PROMPT AND REMEDIAL ACTION IN RESPONSE TO HARASSMENT COMPLAINTS Download a PDF version of this article (Requires Adobe Acrobat) * In Andreoli v. Gates, 482 F.3d 641 (3d Cir. 2007), the Third Circuit reversed a District Court’s entry of summary judgment against an employee alleging a hostile work environment.
February 2007 EMPLOYER'S USE OF PRE-EMPLOYMENT STRENGTH TEST HAS UNLAWFUL DISPARATE IMPACT ON WOMEN Download a PDF version of this article (Requires Adobe Acrobat) * The Equal Employment Opportunity Commission (“EEOC”) brought an action under Title VII against the Dial Corporation (“Dial”) on behalf of a number of women who had applied for work with the company.
February 2007 ATTORNEY FEES AWARDED IN RIGHT TO KNOW CASE Download a PDF version of this article (Requires Adobe Acrobat * In Newspaper Holdings, Inc. t/d/b/a
February 2007 EMPLOYEES WHO ENGAGE IN FRAUD ARE INELIGIBLE FOR UNEMPLOYMENT COMPENSATION Download a PDF version of this article (Requires Adobe Acrobat * Recently, the
February 2007 ENSURING YOUR PROGRAMS AND SERVCIES ARE ACCESSIBLE UNDER THE ADA: DID YOU FORGET YOUR WEBSITE? Download a PDF version of this article (Requires Adobe Acrobat * The Americans with Disabilities Act (ADA) requires local governments to provide qualified individuals with disabilities equal access to their programs, services or activities. Most municipalities complied by conducting a review of their programs and facilities, and making necessary changes. Did you think about your website when that review was completed?
October 2006 HOW INCREASED COST SAVING MEASURES IN HEALTH INSURANCE MAY CRETE ADDITIONAL COSTS IN UNEMPLOYMENT Download a PDF version of this article (Requires Adobe Acrobat * While many public employers are actively pursuing measures to cut the rising cost of health care, an over aggressive strategy may create additional costs in unemployment compensation
October 2006 ELECTRONIC RECORDS ARE DISCOVERABLE, EVEN AFTER THEY ARE DELETED Download a PDF version of this article (Requires Adobe Acrobat * On
October 2006 RIGHT-TO-KNOW UPDATE Download a PDF version of this article (Requires Adobe Acrobat * The
October 2006 THIRD CIRCULT COURT REINSTATES TITLE VII RETALIATION LAWSUIT BY WHITE POLICE OFFICERS WHO COMPLAINED OF DISCRIMINATION AGAIN AFRICAN-AMERICAN EMPLOYEES * In Moore v. City of Philadelphia, 2006 WL 2492256 (3d Cir. Aug. 30, 2006), the Third Circuit Court of Appeals reversed a decision granting summary judgment in favor of the employer. The plaintiffs were three white police officers who had worked in the “7-squad” of
August 2006 GETTING YOUR EMPLOYEES TO WORK * We all know that between the Family and Medical Leave Act (“FMLA”), the Americans With Disabilities Act (“ June 2006 FMLA LEAVE CAN BE INVOLUNTARY Download a PDF version of this article (Requires Adobe Acrobat) * The Family and Medical Leave Act (FMLA) allows eligible employees 12 weeks of unpaid leave each year for serious health conditions making the employee unable to perform his or her essential job functions. Regulations interpreting and supporting the FMLA indicate that it is the employer’s responsibility to designate leave, paid or unpaid, as FMLA-qualifying. It is also the employer’s responsibility to inform the employee of that designation.
June 2006 PROTECTED SPEECH CAN FORM BASIS OF RETALIATION CLAIM *The Third U.S. Circuit Court of Appeals upheld a jury verdict of nearly $1 million to an independent contractor whose contract was not renewed after that individual filed written criticisms related to the policies, procedures and administration of the public entity by which he was employed. Springer v. Henry, 435 F.3d 268 (3rd Cir. 2006).
June 2006 RIGHT TO KNOW UPDATE * The
June 2006 THIRD CIRCUIT MAKES IT MORE DIFFICULT FOR EMPLOYEES TO PURSUE OLD COMPLAINTS IN FIRST AMENDMENT CASES * In O’Connor v. City of Newark, 440 F.3d 125 (3d Cir.
October, 2005 * On October, 2005 *In the ever-changing law on post-retirement health care benefits, a federal court judge vacated her prior order (issued in March, 2005) granting a permanent injunction against an EEOC regulation, which would allow employers to pay lesser post-retirement healthcare benefits to retirees who qualified for Medicare, as contrary to the Third Circuit’s ruling in Erie County Retiree Assoc. v. County of Erie, 220 F.3d 193 (3rd Cir. 2000). While this latest order upholds the regulation, the judge left the injunction in place pending an appeal. AARP v. EEOC, 2005 WL 2373863 (E.D. Pa. September 27, 2005). STAY TUNED. October, 2005 Download PDF version of this article (Requires Adobe Acrobat) * In Thompson v. State Civil Service Commission, 869 A.2d 575 (Pa. Commw. 2005), the Commonwealth Court held that public employers are not required to state on position vacancy notices that the position is subject to age preference. Additionally, even though a qualified applicant is over sixty (60) years old and the position is subject to age preference, the applicant is not entitled to the position if her name does not appear on the list of certified eligibles. October, 2005 * In Thompson v. State Civil Commission, 863 A.2d 180 (Pa. Commw. 2004), the Commonwealth Court upheld the conclusion of the State Civil Service commission that there was merit-based just cause to terminate a county employee for excessive and inappropriate internet usage during work hours. The Court remarked that it found the punishment harsh, but refused to substitute its judgment for the judgment of the Civil Service Commission which issued the termination. May, 2005 *In Devlin v. City of Philadelphia, 862 A.2d 1234 (Pa. 2004), the Pennsylvania Supreme Court upheld a city ordinance requiring employers to offer benefits to “Life Partners” of employees, but struck down a related ordinance that exempted transfers of real property between Life Partners from the local real estate tax. October, 2004 * Zelinski v. Pennsylvania State Police, 2004 WL 1799234 (3rd Cir.(Pa.)), is a recent decision of the Third Circuit Court of Appeals, which sets forth certain standards applied to many civil rights claims. October, 2004 * The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) protects employees who may lose their health coverage after leaving work, (or after some other qualifying event) as well as their spouses and other qualified beneficiaries. One situation in which COBRA provides this protection, for example, is when an employee takes leave under the Family and Medical Leave Act and then does not return to work, (perhaps to remain home with a new baby or a sick spouse or child). Under COBRA, such an employee may continue as a member of the employer’s health plan as long as the employee pays the entire cost of the coverage as well as any administrative costs. December, 2005 NEW LAW INCREASES PAID MILITARY LEAVE AVAILABLE TO COMMONWEALTH AND AUTHORITY EMPLOYEES October, 2005 Download a PDF version of this article (Requires Adobe Acrobat) * In Soberick v. Salisbury Township Civil Service Commission, 874 A.2d 155 (Pa. Commw. 2005), the Commonwealth Court held that a military reservist who had not received his final discharge from the Marine Corps and was under a continuing service obligation to the Marines still qualified as a “soldier” under the Veterans’ Preference Act, 51 Pa.C.S. § 7101 et seq. In that case, the soldier at issue, Frankenfield, had enlisted in the Marine Corps for a six-year active reserve commitment with two years’ inactive reserve. He was called up to active duty after the September 11 terrorist attacks, and served eleven (11) months and three (3) days of active duty before receiving an honorable discharge and reassignment to the reserves. Notably, he received a document indicating that his was not a “final discharge,” and his reserve obligation did not terminate until 2008. May, 2005 *The Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S. Code § 4301 et seq., as amended, is the primary federal statute on this subject. Its protections establish the minimum requirements for employers of military personnel. USERRA requires that federal military leave standards be followed whenever they are more favorable to the employee than state law, and that state laws are to be followed whenever they are more favorable to the employee. 38 U.S.C. § 4302. Pennsylvania law is generally more favorable to the employee than the federal statute. Pennsylvania’s main statute on this subject is the Pennsylvania Military Leave of Absence Act (PAMLAA), 51 Pa.C.S.A. §7302 et seq. October, 2004 * In a recent case the Pennsylvania Supreme Court explained the protection provided by the Veteran’s Preference Act. When applying for employment with a public employer in Pennsylvania the Court held that a veteran has a legal right to the preference established by the Veteran’s Preference Act, but only if it can be established that the veteran meets the requisite qualifications of the position. The veteran has no protected interest in the position itself, however. The case was Merrell v. Chartiers Valley School District, 855 A.2d 713 (Pa. 2004) and it dealt with the non-civil service provisions of the Veteran’s Preference Act. October, 2004 * Now, more than ever, it is essential that public sector employers understand their obligations toward employees who may be absent from work due to military service. The reserve components of the armed forces are today taking a more active role in overseas deployments and in homeland security operations than they have in decades. Employers in the public sector are affected by this to an extraordinary degree because a high percentage of soldiers in the reserve components work for public entities, especially police and fire departments. |
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