You’re hiring for an engineer position. To assist, you engage a search firm, which finally locates an ideal candidate. After a telephone conversation, and a subsequent tour and in-depth interview, you know that you have the right person for the job. So, you prepare and send an offer letter. The…
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3d Cir: Obama NLRB recess appointments (Becker too) were unconstitutional
In a 2-1 decision issued today (copy here), the Third Circuit Court of Appeals ruled that the National Labor Relations Board lacked the authority to act as early as March 2010, when President Obama appointed Craig Becker to the Board. The Third Circuit held that Member Becker’s appointment to the…
Third Circuit says VIPs cannot sue for Title VII discrimination
Robert Mariotti was the vice-president and secretary of the company his father founded. Not only was he a corporate officer, but Mariotti also served as a member of the board of directors, and was a shareholder who could only be fired for cause. In 1995, Mariotti had a spiritual awakening,…
Employee caught in a pick, Supreme Court scratches her FLSA claims
** drops microphone, walks off stage ** Fine, I’ll play a quick encore. In a case decided yesterday, the U.S. Supreme Court in Genesis Healthcare Corp. v. Symczyk (opinion here) held that if a plaintiff who brings a claim under the Fair Labor Standards Act on behalf of herself and…
Are Flounder from Animal House and Left Ear from The Italian Job “disabled”?
– “Mr. Dorfman?” – “Hello!” – “0.2… Fat, drunk and stupid is no way to go through life, son.” * * * – “That’s Left Ear. Demolition and explosives. When he was ten, he put one too many M-80s in the toilet bowl. Lost the hearing in his right ear.…
That’s what he said: The infamous Eagle v. Morgan LinkedIn case is ovah!
On March 12, a federal court in PA resolved the first HUGE LinkedIn account dispute case involving an employee and former employer. I’ve written about out it a few times previously. (Here, here,and here). The latest decision is involved. And rather than pontificate — too many syllables — I’ll defer…
In 77 tweets, what employers can learn about EEOC enforcement #EEOCHR
I had two topics on the brain to blog about: Whether, under the Americans with Disabilities Act, being on time is an essential function of the job. Fortunately, Daniel Schwartz addressed that yesterday here at the Connecticut Employment Law Blog. As a follow-up to yesterday’s wage-and-hour / Daylight Savings Time…
Pennsylvania nears a game-changing whistleblower-law amendment
Can you blow my whistle baby, whistle baby. Let me know. Girl I’m gonna show you how to do it.And we start real slow. You just put your lips together. And you come real close. Can you blow my whistle baby, whistle baby? Here we go. Concerned with the limited…
New bill in PA would prohibit unemployment discrimination
In 2011, New Jersey passed a law banning discrimination against the unemployed. Will PA follow suit in 2013? The ball is rolling…. The PA House introduced its own unemployment-discrimination bill on January 22, 2013, and you can view a copy of it here. Cliff’s notes version: Employers CAN’T use…
Who are YOU to tell ME that I’m not offended by sexual harassment?!?
The original working title for the post was “The Third Circuit takes a deuce on my ‘Pottymouths’ post.” I meant it in the figurative sense. Otherwise, I would be at a loss for words with IT. More so than usual… {Napalms browser history} But, fortunately, good taste and high morals…