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The Employer Handbook BlogFLSA 101: When do you have to pay employees for rest breaks?
This Tuesday blog post is brought to you by the number 20. As in, when your non-exempt employees go on break for 20 minutes or less, you need to pay them for that time.
Articles Posted in Pennsylvania
Fired you will be getting drunk, DUI, and arrested on an FMLA day
That’s the opening line from the Director’s Cut of the advance screening that JJ Abrams sent me. Trueish story.
Hocus Pocus: PA Supremes eliminate magic language for creating non-compete loopholes
On Wednesday, the Pennsylvania Supreme Court made a lot of — some would say, creative — lawyers unhappy.
As a social-media-nerd employment lawyer, this one has me shakin’ my head.
In Pennsylvania, the Rules of Professional Conduct require that an attorney must stay abreast of changes in changes in the law, including the benefits of advances in technology.
LinkedIn was founded over 10 years ago. If you’re reading this and you are not familiar with LinkedIn …
I mean, geez. For a litigator, it’s absolutely essential. And I’m not even talking about having a LinkedIn profile.
The limits of employee free speech on social media
One of the finest employment-law bloggers, Daniel Schwartz, recently marked the eight-year anniversary of his Connecticut Employment Law Blog with a post about the three most notable changes in employment law over that span. Number one was social media.
While for us bloggers, social media presents the lowest-hanging clickbait fruit, its metamorphosis and overall effect on the workplace is undeniable. Social media presents a slew of issues, from hiring (all those state laws on social media passwords) to firing (like the time those Facebook postings bungled an employee’s FMLA claims) and so much more.
FMLA Basics: Which employees are eligible to take leave? And are there any exceptions?
The Family and Medical Leave Act allows eligible employees to take up to 12 workweeks of unpaid leave in a 12-month period for a variety of reasons, including for one’s own serious health condition. An employee with a serious health condition can take FMLA leave if the employee satisfies three additional requirements:
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 substantive discrimination provision of Title VII. (The Court did not address the issue of whether a suspension with pay is an adverse employment action under the anti-retaliation provision of Title VII).
The Third Circuit’s holding is in line with several other circuits across the country.
Know when to fold em, but, especially when you get fired for posing at work in KKK garb and makeshift crosses
I did very good well on my math SATs. But, here’s some simple math:
Fired for posing at work in KKK garb and makeshift crosses + Meyer’s blog fodder = Don’t appeal your race discrimination loss
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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 health condition, read on…
Your employee has a fragrance allergy. What does the ADA require you to do?
This can be a really difficult situation. Just ask a local Pennsylvania employer. Continue reading