Hard economic times, perpetual threat of layoffs, workers stretched too thin could all be contributing to the “increasingly humorous American workplace” according to MSNBC author Eve Tahmincioglu in her post No joke! The workplace needs a good laugh. However, others are pointing to our legal system’s clamp down on “hostile work environments” as the cause
Investigating Employee Misconduct based on Electronic Evidence may be limited by the Weakness of an Employer’s Policies
The prevalence of e-mail and texting communications can aid an employer in its investigation of workplace misconduct; provided, the employer’s policy adequately preserves its right to access the data. However, overstepping rights to access e-mail and other electronic communication media can result in criminal prosecution under state and federal law.
Recent high profile firings of Philadelphia
FLSA causes Global Warming: Sixteen Other Reasons to Consider a 4-day Work Week
It’s no secret that the FLSA is anachronistic, but now it’s ruining the planet too. The 40-hour week divided into 5 consecutive workdays is a product of the FLSA, which was enacted in 1938. During the last 70 years, we have been consuming energy by commuting to work and operating facilities all the while pumping green
Overtime Exempt Status: Don’t Forget About State Law (Especially When Dealing With Computer Employees)
Most Pennsylvania employers and their counsel are familiar with the overtime compensation requirements and the exemptions from these requirements established by the federal Fair Labor Standards Act ("FLSA"). The exemptions, such as the bona fide executive, professional, and administrative employee exemptions, define when employers may lawfully treat certain employees as exempt from the FLSA’s overtime compensation
Tobacco Free Workplace Policies may be integrated with Wellness Programs
As the effective date of Pennsylvania’s Clean Indoor Air Act approaches, businesses may wish to seize the opportunity to create a comprehensive tobacco-free workplace program including wellness initiatives. The no smoking law applies to all indoor work areas and permits an employer to completely prohibit smoking on its property. However, legal and employee relations considerations suggest an
Use of Subjective Hiring Criteria May Require Procedural “Safeguards”
Most hiring decisions are predicated in some part on subjective criteria. Let’s take for example, “Attitude and communication skills” which are on the top the hiring criteria for Phil Gerbyshak at Slacker Manager’s based on his post 5 Must Have Skills. Undoubtedly these traits were assessed by one or more members of the Phil’s hiring
Switching to a Paid Time Off Program (PTO) has Practical and Legal Implications
Traditional leave programs segregate time off into categories like vacation, sick time and personal time requiring HR professionals to track both the time off and the reason it is being taken. Sick time abuses are addressed by tightly monitoring the reasons for sickness-related absences and disciplining employees for excessive absenteeism. Many employers have decided to get away
Corporate Social Responsibility: A Way of Life for Some Businesses
Nondiscrimination is a cornerstone of many CSR programs and a fundamental tenet of employment laws. However, for some, social responsibility and religion are inextricably intertwined creating a contradiction for CSR proponents. David W. Miller, Ph.D., Head of the Yale Center for Faith & Culture and professor of Business Ethics at Yale Divinity School and Yale
The Genesis of a New Frontier in Employment Law: What’s “GINA” Got To Do With You?
On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act of 2008 ("GINA"). GINA amends three employment-related laws including: (1) Title VII of the Civil Rights Act (Title VII); (2) the Employee Retirement Insurance Security Act (ERISA); and (3) the Fair Labor Standards Act (FLSA). While
Four-Day Work Week Wave is Coming
Most state workers in Utah are shifting to 4-day week with announcement of the ‘Working 4 Utah’ initiative, extending state government service hours from 7 a.m. to 6 p.m., Monday through Thursday beginning the first week of August. State administrative offices will be closed on Fridays but essential public services will remain open that already