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September 2017 Archives

Appeals court requires lower standard in FMLA case

Pennsylvania employees might have a lower burden of proof in demonstrating that they were fired in retaliation for taking leave under the Family and Medical Leave Act. In a case involving a woman with poor job reviews, the employer had extensively documented issues with her performance. These issues were put into writing, and the woman was given extra training in an effort to deal with them. When the extra training did not help, she was placed on a 90-day probation.

Black and Latinos face significant hiring discrimination

A recent analysis of multiple studies across 25 years indicates what some Black and Latino people in Pennsylvania might already know: Job opportunities can be hard to find for minorities. Researchers from multiple universities reviewed 28 studies dating as far back as 1989. Studies about callbacks from job applications consistently produced a bias in favored of white people. Black job applicants heard back from potential employers at a rate 36 percent lower than white applicants. Latinos fared a little better with a callback rate only 24 percent lower than whites.

How to deal with workers in the DACA program

Pennsylvania employers may know about DACA and the protection that it offers to roughly 800,000 younger undocumented immigrants in the United States. However, that program may end if Congress does nothing to extend or otherwise alter the program. Employers who have workers covered by DACA may be tempted to terminate them or otherwise ask about their immigration status. However, this may be seen as illegal discrimination.

FMLA, FLSA still observed during natural disasters

Pennsylvania employers whose workplaces are in areas where a natural disaster happens are still bound by the laws of the Family and Medical Leave Act and the Fair Labor Standards Act. Employers should keep this mind when they are making disaster preparedness plans and should have clear policies in place.