November, 2015

How you know when to pay employees on meal breaks

November 30, 2015 | by Eric B. Meyer

How was your Thanksgiving? Survive Black Friday? (In case you’re wondering about a gift for me, no. Yes. Heck, yes (asking for a friend)).

Me? I almost left my kids on the North Pole as I counted the minutes until Monday. But, overall, I enjoyed a few days off.

Now, it’s back to work. *** Sips mai tai *** So, let’s talk about the Fair Labor Standards Act. As wage and hour claims generally continue to spike, I’m going to get into the weeds a bit and talk about meal breaks. Specifically, when do non-exempt employees get paid for meal breaks?

Just give him the chair. It’s that easy.

November 24, 2015 | by Eric B. Meyer

Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the Americans with Disabilities Act. I remember the law-firm attorneys talking about how the ADA only requires that an employer provide a reasonable accommodation — not necessarily the employee’s first choice of reasonable accommodations.

Then the general counsel on the panel — he was from a Fortune 500 company — did one of these, and offered this pro tip that I’ll never forget. Continue reading

Your temporary workers can probably sue you for discrimination

November 23, 2015 | by Eric B. Meyer

Last week, the Third Circuit Court of Appeals ~~daintily dabbed the Cheez Whiz from their cheeseteak holes and voted provolone out of Philadelphia~~ took up the issue of whether a company with which a staffing company places temporary workers can be sued for discrimination.

Hocus Pocus: PA Supremes eliminate magic language for creating non-compete loopholes

November 20, 2015 | by Eric B. Meyer

On Wednesday, the Pennsylvania Supreme Court made a lot of — some would say, creative — lawyers unhappy.

Denying an employee’s attempt to rescind her resignation may be…retaliation?!?!

November 19, 2015 | by Eric B. Meyer

I picture it happening something like this. But, with inflatable sumo suits, and some Spandau Ballet, or maybe Pantera, and yeah…

It’s another “when a hostile work environment isn’t a hostile work environment” post

November 18, 2015 | by Eric B. Meyer

Second verse, same as the first.

(But read it anyway to pad my blog stats, would ya?)

The DOL may be slowing its roll on the new OT rules. But, you should act now.

November 17, 2015 | by Eric B. Meyer

Yesterday, I snuck this little doozie onto The Employer Handbook Facebook Fan Page.

As a social-media-nerd employment lawyer, this one has me shakin’ my head.

November 16, 2015 | by Eric B. Meyer

In Pennsylvania, the Rules of Professional Conduct require that an attorney must stay abreast of changes in changes in the law, including the benefits of advances in technology.

LinkedIn was founded over 10 years ago. If you’re reading this and you are not familiar with LinkedIn …

I mean, geez. For a litigator, it’s absolutely essential. And I’m not even talking about having a LinkedIn profile.

Four ways to prevent systemic discrimination in your workplace, before an EEOC charge.

November 13, 2015 | by Eric B. Meyer

Oh, hi there. Uh, this? It’s not a comic book. It’s a GRAPHIC NOVEL, folks! And, yes, I need to highlight my favorite passages in this library book. It’s how Sartre did it.

Quit judging me, would ya? Nothing more to see here. Read on.

A federal judge in Alabama holds that Title VII covers sexual-orientation discrimination

November 12, 2015 | by Eric B. Meyer

Who would have guessed that, in a state without a state administrative agency to accept discrimination charges, where only age discrimination is against state law, a federal judge would rule that sexual orientation is considered sex discrimination and, therefore, a violation of Title VII.