Author Archives: Ira Weinstock
OSHA AND ANTI-RETALIATION RIGHTS FOR INJURED WORKERS
The Occupational Safety and Health Act is an Act (OSHA) that signed into law in 1970 and its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. OSHA also… Read More »
TITLE VII OF THE CIVIL RIGHTS ACT AND RELIGIOUS DISCRIMINATION
Title VII of the Civil Rights Act of 1964 prohibited discrimination on the basis of race, color, religion, sex and national origin. The law was later amended to include protection on the basis of pregnancy, age and disability. The Equal Employment Opportunity Commission (EEOC) is the federal agency that oversees the enforcement and investigation… Read More »
Does Your Employer Give You More Benefits Under FMLA Than You Are Entitled To? Check the Employer Handbook.
Like many state and federal labor and employment laws, the Family Medical Leave Act (FMLA) sets the floor, not the ceiling on what is required of an employer. Does your employer give you more benefits under FMLA than you are entitled to? Check the employer handbook. Generally, FMLA requires covered Employers to provide up… Read More »
Jury Finds Trucking Company in Violation of Americans with Disabilities Act
A jury has found Old Dominion Freight Line, Inc. in violation of the Americans with Disabilities Act (ADA) and awarded the Plaintiff $119,612 in back pay. The Plaintiff, a truck driver, self- reported to Old Dominion a problem with alcohol under the Employer’s “open door policy.” The Employer removed the Plaintiff from his position… Read More »
Pregnancy Discrimination
According to the U.S. Department of Labor, women now make up nearly half of the U.S. labor force. Three out of every four women entering the workforce will experience at least one pregnancy while employed. Unfortunately, employers fail to recognize that pregnancy does not give them the right to treat employees unfavorably because it… Read More »
EMPLOYEE HURT AT AN EMPLOYER’S PARTY IS NOT ENTITLED TO WORKERS COMP
In previous articles we have discussed the requirement that employees must be within the course and scope of their employment when injured in order to get workers compensation benefits. In a recent case in the Commonwealth Court, the Court held that an employee hurt at an employer’s party is not entitled to workers comp…. Read More »
Workers Compensation for Post Traumatic Stress Disorder
In a recent Pennsylvania Supreme Court case, the High Court awarded workers compensation for Post Traumatic Stress Disorder. In Pa Liquor Control Board v. Workers’ Compensation Appeal Board (Kochanowicz), the Court held that getting robbed was not a normal part of the job of a Pennsylvania Liquor store employee. The Claimant, Greg Kochanowicz was… Read More »
Employer Violates Weingarten by Failing to Allow Active Assistance of a Union Representative
Pursuant to the U.S. Supreme Court case of Weingarten a Union employee called into a meeting with an employer that could reasonably lead to discipline, is entitled to Union representation upon request by the employee and the employer violates Weingarten by failing to allow active assistance of a union representative. In a recent National… Read More »
Employer Fined For Retaliation Against An Injured Worker
The Occupational Safety and Health Administration (OSHA) recently ordered an Employer fined for retaliation against an injured worker. OSHA ordered Metro-North Commuter Railroad Co. to pay $250,000 in punitive damages and $10,000 in compensatory damages as a result of their violation of the Federal Railroad Safety Act. See http://www.dol.gov/opa/media/press/osha/OSHA20142176.htm In this case, the employee… Read More »
Employee Use of Employer Email
Employee Use of Employer Email to Engage in Protected Concerted Activity The convenience of email has altered the way most people communicate, especially in the work place. Employee use of employer email to discuss working conditions can be very common in the workplace. But what rights do employees have to use employer equipment to… Read More »