It was just last month that I blogged about arbitration agreement tips for PA employers from the 3rd Circuit. I hate to leave NJ employers out of the loop, so today’s post is for you. Last week, the NJ Superior Court, Appellate Division, in Cole v. Jersey City Medical Center…
The Employer Handbook Blog
EEOC clarifies ADEA “reasonable factors other than age” defense
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) issued its “Final Regulation on Disparate Impact and Reasonable Factors Other than Age” (RFOA) under the Age Discrimination in Employment Act of 1967 (ADEA). Wait, wha, wha, what the heck is an RFOA? (The Cliff Notes versions because, like, you could click…
Fact or Fiction: FLSA preempts state wage and hour laws?
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…
6 keys to keeping unpaid internships from becoming a hot wage & hour mess
Yesterday, I presented “Reducing the Risk of Wage and Hour Litigation” with my partner, Jennifer Platzkere Snyder, at ALM’s In-House Counsel Labor and Employment Law Forum. We talked best practices, common mistakes, and Supreme Court. We also dipped into some hot issues, the hottest of which, by far, based on…
The Ambien alternative a/k/a NLRB FY11 operations statistics
Yawn… The Acting General Counsel of the National Labor Relations Board recently released a 10-page summary of operations for FY 2011. But, you can find a short summary here. Here are some stats that caught my attention (relatively speaking, of course): In FY 2011, the Regional Offices issued 1,342 complaints…
Relax! Businesses don’t want employee Facebook passwords.
But, if you think they do — maybe you read this article last week — then I have a bridge in Brooklyn to sell you, sucker. Come on! The sky isn’t falling. Demanding social media access from employees and potential hires and is most definitely the exception and not the rule. And I’ll…
So, can a prevailing defendant really recover e-discovery costs?
Remember when I told you that a prevailing defendant could recover all electronic discovery costs? I lied. Oh, let off some steam and stick around. Allow me to explain. Actually, I’ll let Phil Miles at Lawffice Space explain: Last Friday, the Third Circuit released a definitive opinion regarding taxation of…
Court allows plaintiff a quick peek into defendant’s Facebook account
A state court judge in Pennsylvania has come up with a new way to afford litigants access to social media as part of discovery in a pending civil action. Daniel Cummins at Tort Talk has the details: The Judge’s page long Order does not provide the background on the case…
#SCOTUS clarifies scope of FMLA coverage for employers
Yesterday, the U.S. Supreme Court in Coleman v. Court of Appeals of Md. held that state employees have no cause of action under the self-care provision (last bullet point in the hyperlink) of the Family and Medical Leave Act. In plain English, if you work for a State employer, and…
Distinguishing state & federal disability-accommodation 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…