The Third Circuit Court of Appeals (which covers Pennsylvania) recently handed a victory to employers that struggle with employees who misuse Family and Medical Leave Act (FMLA) leave — particularly intermittent FMLA...more
Q. Can I discharge an employee if I believe that he or she is misusing FMLA?
A. According to a recent Third Circuit opinion, an employer’s honest belief that its employee misused FMLA leave is sufficient to defeat an...more
Q: My Company wants to institute a drug testing policy that would automatically disqualify an applicant for employment if they test positive for illegal drugs, including medically-prescribed marijuana. Is this legal?...more
On July 20, the Trump administration published its Unified Agenda of Regulatory and Deregulatory Actions, which transferred to an “inactive actions” list the Department of Justice’s (DOJ’s) ongoing project for additional...more
8/2/2017
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
On January 23, 2017, Mayor Kenney signed into law an amendment to the Philadelphia Fair Practices Ordinance making it unlawful for an employer or employment agency to inquire about a prospective employee’s wage history or to...more
Affected employers should begin data analysis now to be prepared for disclosure of pay information to the EEOC or the OFCCP in 2018.
As part of its effort to detect and remedy pay discrimination, the Equal Employment...more
11/4/2016
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OFCCP ,
Pay Discrimination ,
Reporting Requirements ,
W-2 ,
Wage and Hour
Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more
6/20/2016
/ Anti-Discrimination Policies ,
Employee Handbooks ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
NLRA ,
Popular ,
Pregnancy ,
Pregnancy Discrimination ,
Protected Concerted Activity ,
Reasonable Accommodation ,
Religious Accommodation ,
Smoking Bans ,
Title VII
Employers should consider implementing anti-discrimination and anti-harassment policies in the workplace that include protections for employees based on their sexual orientation and gender identity and expression.
On...more
The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury.
In the latest in a slew of...more
10/8/2015
/ Bailments ,
Breach of Contract ,
Cause of Action Accrual ,
Civil Conspiracy ,
Clapper v. Amnesty International ,
Class Action ,
Coca Cola ,
Data Breach ,
DPPA ,
Fraudulent Charges ,
Identity Theft ,
Personally Identifiable Information ,
Restitution ,
Standing
Creating a private cause of action in negligence for data breaches could result in the filing each year of possibly hundreds of thousands of lawsuits by persons whose confidential information may be in the hands of third...more
6/15/2015
/ Breach of Contract ,
Class Action ,
Data Breach ,
Data Security ,
Duty of Care ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Safe Harbors ,
Target
On February 12, Philadelphia Mayor Michael Nutter signed into law the Promoting Healthy Families and Workplaces Act (the Act), which requires most employers to provide paid sick leave to their employees. The law takes effect...more
Although most companies have workplace policies prohibiting discrimination and harassment based on an employee’s sex, race and religion, many companies have not yet added gender identity to the list of protected categories....more
Employees are increasingly using their personal electronic devices, such as laptops, smartphones, and tablets, for work purposes. The trend, dubbed “Bring Your Own Device” or “BYOD,” has redefined what it means to “be at...more
By now, federal contractors should have taken a hard look at their current Affirmative Action Plan (AAP) policies, procedures and documentation to ensure compliance with the new requirements. Under the Office of Federal...more
You might think people are making more out of BYOD than it deserves, that it is a relatively benign issue. Alas, you’d be wrong....more
A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more
12/19/2013
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Bring Your Own Device (BYOD) ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Discovery ,
Discrimination ,
Document Productions ,
Employer Liability Issues ,
GINA ,
Mobile Device Management ,
Mobile Devices ,
NLRA ,
Over-Time ,
Protected Concerted Activity ,
Stored Communications Act ,
Title VII
A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more
12/19/2013
/ Americans with Disabilities Act (ADA) ,
Bring Your Own Device (BYOD) ,
Cybersecurity ,
Data Breach ,
Discovery ,
Discrimination ,
Document Productions ,
Employer Liability Issues ,
GINA ,
Mobile Device Management ,
Mobile Devices ,
NLRA ,
Over-Time ,
Protected Concerted Activity ,
Stored Communications Act ,
Title VII
The Fifth Circuit Court of Appeals recently handed a victory to employers in D.R. Horton, Inc. v. National Labor Relations Board, 12-60031, 2013 W.L. 6231617 (5th Cir. Dec. 3, 2013), reversing an Order of the National Labor...more
12/12/2013
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
D.R. Horton ,
D.R. Horton v NLRB ,
Federal Arbitration Act ,
NLRA ,
NLRB ,
Savings Clause ,
SCOTUS ,
Unfair Labor Practices
The Third Circuit Court of Appeals recently ruled that a shareholder-director of a closely held family corporation was not an “employee” under Title VII, and therefore could not sue for discrimination. See Mariotti v....more