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Articles Posted in Pennsylvania
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In the Third Circuit, willful FLSA violations are as common as spotting a unicorn sliding down a rainbow into a leprechaun’s pot of gold as pigs fly by.
If an employer violates the Fair Labor Standards Act, like by not paying overtime, the plaintiff(s) can generally recover two years of unpaid overtime for the two years preceding the lawsuit. Those plaintiffs may also recover liquidated damages equal to the unpaid overtime. So, if an employer owes $100 in…
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“Perverse and absurd,” today’s post isn’t really as fun as it sounds.
Not even close to that fun. No, it’s about a guy who got fired after his employer concluded that he had gained unauthorized access to its electronic files. It just so happens that the plaintiff accessed those files to assist his employer in defending two discrimination actions that other employees…
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Promoting a new business on Facebook could violate a non-competition agreement. Who knew?
Actually, pretty much everyone.That includes, most importantly, the relevant portion of the three-judge Pennsylvania Superior Court panel in this recent opinion. The case, Joseph v. O’Laughlin, doesn’t involve an employment relationship. Rather, the plaintiff and defendant entered into an asset purchase agreement, which included a covenant not to compete. Among…
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Your company’s generous parental leave benefits could actually trigger a discrimination lawsuit
Just before the Labor Day weekend, I blogged here about an Americans with Disabilities Act complaint filed in federal court by the U.S. Equal Employment Opportunity Commission that should have employers scrutinizing their leave policies and procedures. Today, I’ve got news of another EEOC lawsuit filed in my backyard in the Eastern…
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Fact or fiction: The FMLA may protect pre-eligible employees
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Let’s do an FMLA quiz. We know that an FMLA-eligible employee must check three boxes: Work at a location that…
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He was hired at 63 and fired at 64. Yep, that could still be age discrimination.
A lesson on why it’s so important to tell it like it is when firing someone. “It’s not working out.” The plaintiff in McMullin v. Evangelical Services for the Aging (opinion here) began his job as CFO in March 2014. He was 63. Hired by the employer’s CEO, the plaintiff…
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Pay attention HR! Transgender employees may have ADA (disability) rights too.
My decision to sit at the computer and begin blogging at 10:48 PM on a Sunday has backfired on me, for sure. This will teach me to go out for a few drinks after my kid’s soccer game. That is, on Friday before I left work I read this headline, “Transgender…
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A lesson on non-competes: What you don’t know, can’t hurt you. Until it does.
Ready, fire, aim. That’s the approach that many employers take when seeking to enforce a covenant not to compete with a former employee. Ready, fire, aim. When there’s a even a whisper that a former employee has gone to work for a competitor, the former employer often rushes into court,…
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Pretty soon, asking salary-history questions in Philly will get you sued.
Like requesting swiss cheese on your cheesesteak — way to go John Kerry — pretty soon, asking about a candidate’s salary history will be verboten too. {cue music – soft / hard} Last week, Philadelphia City Council read and passed this bill, which will ban employers from inquiring about salary history, and…