This blog is nearly 2 1/2 years old and we have our first Equal Pay Act post. The Equal Pay Act requires equal pay for equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Any wage discrimination on…
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” d/b/a (just for today) “Eric’s 36th-Birthday Post”. *** Sigh *** Ahh…let’s get to today’s question: May an employee raise claims…
Let’s say you operate a business in NJ. Your disabled employee comes to you requesting an accommodation for his disability. Does the mere failure to provide that accommodation trigger a claim under the New Jersey Law Against Discrimination (NJLAD)? What about under the Americans with Disabilities Act (ADA)? I…
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”. So, let’s get right to today’s question: Let’s say I have a former employee who files a charge of discrimination…
In December 2006, 247 union workers went on strike at the Kohler manufacturing plant in Searcy, Arkansas. Three months later, Kohler hired 123 replacement workers. Kohler and the Union settled their dispute in March 2008. As part of the settlement, Kohler agreed to reinstate the striking strikers. Kohler then fired…
If you guessed 15 minutes, you would be right, according to a recent decision from the Third Circuit Court of Appeals. And you don’t need to point a gun at the employee’s head? A rusty fork in the doo-dads “knowing and intelligent” waiver based on a “totality of the circumstances”…
Confession: I find bankruptcy VERY boring. And I loathe it. I’m a labor and employment attorney. When partners approach my door with bankruptcy assignments, I pick up the phone and pretend to yell at opposing counsel. So far I’m batting 1000. But when I learned that the Third Circuit in…
My blog designers told me that if I want to build SEO — that’s Search Engine Optimization to you rookies — I’d better write about employment law issues affecting Pennsylvania, New Jersey and Delaware (duh!) and “optimize” my blog post titles with the keywords near the front. Learn more about…
In some cases, a plaintiff will argue as part of his Title VII discrimination action that his former employer didn’t fire him. But rather he was constructively discharged. That’s fancy speak for being forced to resign. But here in Pennsylvania, New Jersey, and Delaware, a plaintiff can’t just prevail in…
Robert Rank-And-File, an employee of Pennsylvania-New Jersey-Delaware, Inc., claims that Sally Supervisor told him, “Sleep with me, or you’re fired!” Robert declines Sally’s advances only to have Sally fire him. If Robert decides to pursue an action under Title VII against Pennsylvania-New Jersey-Delaware, Inc., how can he prevail at trial?…