Q.  My Company would like to have all applicants for employment submit to a pre-employment physical examination to ensure that they are fit for the position. Is this allowable?

A.  Employers may require an applicant to submit to a pre-employment physical examination, but only after a conditional offer of employment has been made, and even then only under the following conditions:

  • All other candidates in the job category must also be required to submit to the physical;
  • The candidate’s medical history is kept separate from other employment-related records and is treated confidentially; and
  • The results are not used to discriminate against the applicant under the Americans with Disabilities Act (“ADA”) or other discrimination laws.


Continue Reading Physical Exams as a Condition of Employment: Are They Permissible?

Q: What do I need to know about the new New York Paid Family Leave Benefits Law?

A: The New York Paid Family Leave Benefits Law (“NY PFL”) provides employees with paid leave for bonding with a new child, caring for a close relative with a serious health condition, and leave associated with when their spouse, partner, child, or parent is on active military duty or has been notified of an impending call of active duty.
Continue Reading New York Paid Family Leave Benefits Law: Key Provisions and Tips for Preparation

Q: I hire seasonal employees for the summer.  Are there any particular considerations I should be aware of?

A: Seasonal employees can provide much needed support during the summer months.  However, there are certain issues to consider.  First, it is important to clarify upfront that employees are only expected to work for the summer, while at the same time reminding employees that the relationship is at-will and can be ended at any time by either party.
Continue Reading Pitfalls and Best Practices When Hiring for the Summer Season

Q.  Our performance review process seems outdated and I’m not sure what to do. Do you have any suggestions?

A.  Employee performance reviews are probably one of the most loathed aspects of the workplace. Managers hate to do them. Employees hate to receive them.  In some cases, they can do more harm than good.

Consider the employee whose performance is mediocre. He is friends with his supervisor, however, and they often grab a drink after work.  Knowing that a negative performance evaluation may impact the employee’s annual salary increase, the manager looks the other way and gives the employee an evaluation rated as “effective.”
Continue Reading Drafting Effective Performance Reviews

Q.  A former employee has posted a negative review about our company on a social media website. Is there anything we can do about it?

A.  While social media is a powerful tool for promoting your company’s brand, negative reviews can be equally powerful in affecting the company’s reputation. When the negative review is by an employee or former employee, the review is particularly galling.
Continue Reading Fighting Negative On-Line Reviews by Ex-Employees

Q.  My company is thinking about hiring a summer intern. Is there a requirement that we pay the intern, or can we hire him or her on a voluntary basis?

A.  Now that the weather is getting warmer, many companies are looking at their workforce needs during the summer months. Summer internships provide an excellent way for interns to get much needed “real world” job experience, while helping employers by adding another set of hands to complete projects that have not been completed during the rest of the year.

But must the employer pay for this assistance?
Continue Reading Summer Internships: To Pay or Not to Pay?

Uber made headlines last week when Susan Fowler, a former engineer, claimed that she was harassed by her direct supervisor and her complaints were ignored by the human resources department. Uber took another hit a few days later when a recently-hired executive resigned amidst allegations that he had harassed employees at his former company.

How can you prevent your company from becoming the next media story?
Continue Reading Uber Sex Harassment Scandal Is Sobering Reminder of the Costs of Ignoring Complaints

Q.  My company is based in Philadelphia.  We often set salaries for new employees based on the applicant’s wage history.  Are we still permitted to do this?

A.  Effective May 23, 2017, a new Philadelphia Ordinance makes it unlawful for employers in Philadelphia to inquire about a prospective employee’s wage history or require disclosure of wage history as a condition of employment.  The law was passed to encourage employers to base salary offers on the job responsibilities of the position sought, rather than on the applicant’s prior wages.  Employers will no longer be able to rely on the wage history of a prospective employee when determining the wages of that individual, unless the individual knowingly and willingly disclosed his or her wage history to the employer.
Continue Reading Philadelphia Employers May Not Ask Wage History Questions Under New Ordinance

Q.  I work for a company that employees more than 100 employees.  I heard somewhere that we now have to include pay data and hours worked on our EEO-1 forms.  Is that true?

A. Yes!  Beginning with calendar year 2017, employers with 100 or more employees will be required to submit pay data and hours

Q: I heard a lawsuit was filed challenging the implementation of the revised overtime regulations. Do I still need to take steps to comply with the revised rules by December 1?

A: Yes! While it is true that 21 states and more than 50 business groups have filed two lawsuits challenging the  Department of Labor’s revised overtime regulations, the filing of these lawsuits did not stay the effective date of the rules.  In the past few days, the House of Representatives passed a bill to delay implementation of the revisions by six months, and a similar bill was introduced in the Senate.  However, it is unlikely that either bill will be signed into law, given the President’s opposition to it.
Continue Reading Revisions to Overtime Laws Slated for December 1 Despite Lawsuits