Hurricane Sandy: Day 2 To my east-coasters, I hope this post finds you safe and dry. Me? Hey, thanks for asking. Our Philly home kept power throughout and we otherwise made it through unscathed. Still, Philadelphia remains in a state of emergency. The City is essentially shut down. Most of…
Articles Posted in Pennsylvania
Employee’s Twitter hatin’ costs him unemployment benefits
An employee getting fired for caustic social-media posts is so 2011. Having an application for unemployment-compensation benefits denied because of Twitter stupidity — that’s the new black. Details of a recent Commonwealth of Pennsylvania decision — don’t tread on me, Idaho — after the jump… * * * Stephen Burns…
Fact or Fiction: Opposing an employee’s u/c request may be Title VII retaliation
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.” Under Title VII of the Civil Rights Act, an employer engages in unlawful retaliation when, in response to an employee…
Does the Computer Fraud and Abuse Act cover lost LinkedIn business opportunities?
powered by Fotopedia In the beginning of the year, I wrote here about a federal-court decision, which recognized that LinkedIn connections are not company trade secrets. Earlier this month, that same court, in the same case, was asked to decide whether hijacking an employee’s LinkedIn account may violate the Computer…
That moment right before the pain begins: an EEOC subpoena
Back in July, I blogged here about a federal appellate court recently emphasizing just how broad the subpoena power of the United States Equal Employment Opportunity Commission really is. [Editor’s Note: the technical legal term is “crazazy broad”] Last Friday, as I was hosting the weekly dip-spit distance shot organizing…
Is an employee with managerial duties “similarly situated” to a manager?
Maybe it’s the luck of the draw, but most of the discrimination cases I defend are hostile work environment cases, where an alleged harasser supposedly has made an employee-victim’s life miserable with certain comments, jokes, gestures, touchings, you name it. Far less often do I encounter disparate-treatment claims. A…
Kiss the “fluctuating workweek” OT method goodbye in PA
mmmmmmmmmmmmwah! What is the fluctuating workweek method of overtime compensation? Why is it no longer good in PA? And why should you care? I answer all of these hard-hitting questions — like a BOSS — after the jump… What is the fluctuating workweek overtime compensation method? If an employee is…
The 3rd Circuit’s new FLSA joint-employment test…in HAIKU
I just re-read yesterday’s blog drivel. What the hell was that?!? As much as I do love the two great tastes that taste great together, that was an utter FAIL and I vow never to incorporate Reese’s Peanut Butter Cups into a blog post again. Unless, of course: (a) a…
PA to require public-works contractors & subcontractors to use E-Verify
Last week, Governor Tom Corbett (R) signed the Public Works Employment Verification Act. The Act goes into effect on January 1, 2013, and will require contractors and subcontractors on PA public-works projects to confirm the employment eligibility of newly hired workers using the federal E-Verify program. E-Verify is a free…
Pennsylvania to relax OT requirements for hospitals
Last week, Pennsylvania’s Governor, Tom Corbett was presented with this bill that will allow hospitals and other medical care facilities in Pennsylvania to better control the scheduling of employees to control payment of overtime. Details after the jump… * * * The bill, which Gov. Corbett is expected to…