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The Employer Handbook Blog

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How enforceable is a non-solicit agreement after you fire an employee?

To answer your question, it depends. And in Pennsylvania, there are a lot of factors that a court will consider, based on a recent case decided by the Pennsylvania Superior Court. But, unlike many prior Pennsylvania decisions that deal with the enforceability of a non-competition agreement after an employee is…

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1 lactating employee + 0 place to pump = 1 messy complaint

The Patient Protection and Affordable Care Act , enacted earlier this year, amended the Fair Labor Standards Act (FLSA) to require a “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to…

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Driving + Texting = OSHA all up in your business

Congress created the Occupational Safety & Hazard Administration (OSHA) to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. That sounds nice. But my clients and I both know this: you don’t want OSHA sniffing…

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Third Circuit: The Lily Ledbetter Act Does not cover failure-to-promote claims

Our old friend Robert Rank-And-File is at it again. He has sued his employer, Pennsylvania-New Jersey-Delaware, Inc., in federal court. Robert claims that Pennsylvania-New Jersey-Delaware, Inc. violated Title VII of the Civil Rights Act of 1964 when it failed to promote him because of his gender, national origin and race.…

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How do PA, NJ, and DE address discrimination based on sexual orientation?

Recently, I read an article by Bob Egelko in the San Francisco Chronicle about a speech from U.S. Supreme Court Justice Antonin Scalia in which he told law students from U.C. Hastings that the 14th Amendment to the U.S. Constitution, which guarantees equal protection to all U.S. citizens, do not…