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Articles Posted in Third Circuit Employment Law 101

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3d Cir: Employers cannot use paid meal breaks to offset unpaid overtime

A few weeks ago, I blogged here about a federal agency — one that rhymes with EEOB — reaching a 7-figure settlement with its workers of alleged Fair Labor Standards Act overtime violations involving comp time. Last week, the Third Circuit Court of Appeals issued an opinion, in which it…

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How you know when to pay employees on meal breaks

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…

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Your temporary workers can probably sue you for discrimination

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. In a word, yes. Well, actually, ***…

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A suspension with pay is not discrimination, you guys.

[Editor’s Note: The employer in this post is a client; although, I did not represent this client in this case]. Yesterday, in Jones v. Southeastern Pennsylvania Transportation Authority, for the first time ever, the Third Circuit Court of Appeals recognized that a suspension with pay is not an “adverse employment action” under the…

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Third Circuit Employment Law 101: Independent Contractor or Employee

Back when I first started this blog, when I believed that my blogging success would translate into Aston Martins and beach homes, rather than “Can you please email me a copy of your FMLA PowerPoint?”, I had a series of “Third Circuit Employment Law 101” posts. Well, I don’t think I’ve…

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3d Cir: No serious health condition? No problem. You too may have FMLA rights.

  Yep, in this precedential opinion, the Third Circuit Court of Appeals created a Family and Medical Leave Act loophole that could protect “the most frivolous leave requests.” Folks, if your business is covered under the FMLA, and you’ve ever had to deal with a questionable medical certification for an employee’s serious…

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Noting “Health Reasons” on a termination form could indicate disability bias

Happy Monday, everyone. Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer / HR professional, amirite? Today, I bring you a very simple lesson, courtesy of the Third Circuit Court…

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Consider requiring your new independent contractors to release employment claims

What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company? So glad you asked. Although, I’m not sure I like your tone. *** takes pills *** Many years ago, Allstate Insurance restructured its business,…

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Here’s why you provide a list of essential job functions when approving FMLA

Trial is over! I’m coming atcha live and direct from the bloggerdome with a sweet defense verdict in my pocket. Yup, yup! [cue music] [cue music] And what do I come back to? A precedential Third Circuit opinion discussing an employee’s right to return to work from FMLA. I’ll cover…

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There is no right to be completely left alone while on FMLA leave

One of the questions I hear a lot from employers is: Can we communicate with employees on Family and Medical Leave Act leave and, if so, how much? I’ll get to that in a second. #HelpShaneFightCancer For the folks who missed my blog post on Friday, we’re trying to raise…