I’ll go ahead and file this one under “duh.” If an employer inquires about an employee’s medical condition, the Americans with Disabilities Act mandates that it be job-related or consistent with business necessity. Even then, an employer must treat any medical information obtained from a disability-related inquiry or medical examination,…
Suppose an employee, an adherent of a religion you’ve never heard of, requests time off from work on certain religious observance days. The EEOC has some advice for employers: Because the definition of religion is broad and protects beliefs, observances, and practices with which the employer may be unfamiliar, the…
In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition. The plaintiff was a bus operator who had accumulated…
The Federal Trade Commission, the architects of the sweeping noncompete ban that a federal judge in Texas set aside last month, told a federal judge in Pennsylvania yesterday that an appeal of the Texas decision “would likely take months to fully brief and could take a year or longer until…
Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Before Congress amended the Americans with Disabilities Act in 2008, the Supreme Court held that an impairment must be “permanent or long term” to qualify as a disability.…
A man walks into a job interview. Years earlier, he sustained an injury that caused him to walk with a limp and requires him to extend his leg when seated. He had applied for one of the company’s open positions. And since he satisfied the minimum experiential and educational requirements,…
Yesterday, the Department of Labor announced that a Pennsylvania federal court awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers across fifteen facilities in what it claims to be “one of nation’s largest FLSA judgments.” In its Findings of Fact and Conclusions of…
Do you remember that scene from Rounders, right after Mike McDermott spots Teddy KGB’s poker “tell,” when Teddy laments, “Hanging around…hanging around… kid’s got alligator blood. Can’t get rid of him.“? It feels that way, with the Federal Trade Commission’s non-compete Rule imposing a comprehensive ban on new non-competes with…
With most eyes focused on a pending lawsuit in the United States District Court for the Eastern District of Pennsylvania to eliminate the FTC’s noncompete ban, local employers may have missed the news last week that Governor Shapiro signed into law a measure restricting the use of non-competition agreements in…
Yesterday, the U.S. Equal Employment Opportunity Commission announced that a Pennsylvania-based construction company will pay $50,000 and furnish other relief to settle a retaliation lawsuit. According to the EEOC, a human resources manager received and subsequently investigated a complaint of sexual harassment against the company’s general manager. The EEOC alleged…