Jane M. Shields

The right legal team can help ensure compliance with new employment laws – both now and in the future

As judicial rulings and legislative action continually change the laws governing how business must be conducted, costly penalties await those business owners not abiding by the changes. What are you doing to ensure you are in compliance with new business laws?

In recent months, MacElree Harvey has successfully handled cases for employees involving the new Trade Secrets Act, confidentiality and non-compete agreements, sexual harassment, and age discrimination. Business owners should contact MacElree Harvey to learn how to avoid these potentially costly violations of State and Federal law. Consider these examples of potential legal pitfalls:

Age Discrimination
With pressure from stockholders to do more with less, many business owners try to cut costs by consolidating tasks and trimming staff. However, eliminating only the highest paid, and usually older worker, invites charges of discrimination. Companies reducing staff must treat all similar workers equally or face possible age discrimination suits.

Violation of Confidentiality Agreements
In a case originating in Valley Forge, violations of confidentiality agreements and the new Trade Secrets Act were litigated. To avoid litigation, employers must ask prospective employees if they ever signed confidentiality and non-compete agreements, and if they are bound by any such agreements. Failure to do so can have grave consequences for the employer. Some such agreements can be valid for many years.

Sexual Harassment
In two recent sexual harassment cases, it was demonstrated that all employees, including corporate executives, must adhere to the law. A key management employee at one company demanded sex from one employee in exchange for continued employment. This type of quid pro quo sexual harassment violated both State and Federal law. In the second case, co-employees and a direct supervisor continually sexually harassed an employee through the use of sexually offensive language. The employee complained about the hostile working environment. The company, however, did nothing to stop the harassment, which led to the employer facing civil liability in the courts.

Lack of Company Response
Companies must do more than have a "policy" against unlawful practices, such as age or race discrimination and sexual harassment. Companies must follow those guidelines, investigate complaints, and take prompt action to correct the improper conduct.

Illegal Treatment of Overtime Pay
and Employees on Military Leave
Recent significant changes in the rules for overtime pay and the mandated employment of soldiers returning from the military can also cause problems for employers. Employment manuals should be updated to reflect these changes and comply with existing laws.

MacElree Harvey
17 West Miner Street
Post Office Box 660
West Chester, PA 19381–0660
p | 610.436.0100
f | 610.430.7885
f | 610.429.4486
e | info@macelree.com