Pennsylvania

PA Superior Court closes non-competition-agreement loophole

May 15, 2014 | by Eric B. Meyer

In Pennsylvania, a company and an employee can enter into an agreement whereby, in exchange for some form of consideration, the employee agrees not to compete with the company after the employment ends.

Consideration can come in a variety of forms; for example, a raise, bonus, promotion, or ~~sugar~~. Initial employment can also be sufficient consideration.

However, in Pennsylvania, continued employment won’t cut it. That is, a non-competition agreement will be invalid if an employee signs it after commencing employment — even if you tell the employee that he/she will lose his job by not signing.

Yes, you can have a hostile work environment based on sexual stereotyping.

May 7, 2014 | by Eric B. Meyer

We’ve talked a fair amount about sexual stereotyping at the ole Handbook.

Here I discussed the cluster created by offering crap assignments to a male employee because he fails to conform to a male stereotype.

And of course, we have my “Ravishing Rick Rude” theory of same-sex harassment, which a federal appellate court crapped all over.

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

April 21, 2014 | by Eric B. Meyer

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

This is one badass labor and employment law roundtable

April 14, 2014 | by Eric B. Meyer

Recently, several local lawyers and I participated in a labor and employment law roundtable for The Legal Intelligencer.

Actually, the table was rectangular. But, the coffee and muffins were free, so I didn’t complain.

Well, not until I dropped my pants and mooned the employee-rights lawyers on the panel. Trust me, they had it coming.

What’s hot at the EEOC? Plus, a legal roadmap for managing the aging workforce.

April 10, 2014 | by Eric B. Meyer

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Whatcha doin’ two weeks from today?

Want to grab some breakfast with me? Maybe hear about what’s hot at the EEOC and get a legal roadmap for managing the aging workforce?

In you’re in the Philadelphia area and would like to learn more about these topics, then come on down to our offices on Thursday, April 24 at 8:30 AM for a free presentation with a complimentary continental breakfast. Lawyers can get CLE. HR credits will also be offered.

That’s what she said: How to navigate the pitfalls of the FCRA

March 19, 2014 | by Eric B. Meyer

When the Fair Credit Reporting Act comes a knock knock knockin’ on HR’s door, who among you, will answer the call?

Fear not, kids. Cinch on your big boy/girl underpants! My colleague, Stacey Schor, in this post, has outlined a recent federal court decision that provides valuable guidance on how employers can comply with the strict requirements of FCRA, so that your hiring decisions are FCRA-bulletproofed.

This one goes out to all out FCRA freaks fans. Holler if you hear me!

Choking a female co-worker and telling her she likes it rough could be sexual harassment

March 3, 2014 | by Eric B. Meyer

But, faced with those facts, that didn’t stop one employer from moving for summary judgment and asking the court to dismiss a female employee’s claims of sexual harassment.

Could the company have possibly prevailed? Find out after the jump…

Oh wait, before we jump, I left out the part where the plaintiff claimed that her male co-worker also told her, “I’ll have you cum before you get your pants off.”

And then there’s the time when that same co-worker said, “Hey! we got your Christmas present!” whereby he held up a vibrating tool and thrust it towards the plaintiff’s genitals.

And what about the other male co-worker who would routinely come up from behind the plaintiff, lean in and smell her in a sexual fashion while pushing his groin into her?

Or when another male co-worker said to the plaintiff, “I just like fucking with you, why would I want to get you fired? I would miss watching that ass of yours!”

Ok, now we can jump and play did the employer get the case dismissed on summary judgment?

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An employee sued her employer for involuntary servitude. Yep, slavery.

February 11, 2014 | by Eric B. Meyer

Yesterday, I read a post over at Business Management Daily about an employee who sued for involuntary servitude.

Yes, folks. The plaintiff claimed that her former employer had treated her like a slave.

Specifically, the plaintiff, a trainee of some sort, alleged that she was never provided with a job description or adequately trained.

PA Gov. Corbett announces support for ban on LGBT workplace discrimination

December 19, 2013 | by Eric B. Meyer

Over the Summer, I reported here that about companion Pennsylvania bills introduced in the House and Senate that would outlaw both sexual orientation and gender identity discrimination in the workplace.

Each bill had bipartisan support, but it was unclear how Governor Corbett (R) would act if a bill was placed on his desk for his signature.

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Your President/CEO may have to pay your company’s wage and hour debts herself

December 13, 2013 | by Eric B. Meyer

Well, that certainly sucks. Even worse than the time I found out that Santa Claus MacGyver wasn’t a real person.

(My psychiatrist says that there’s a light at the end of the tunnel. I’m not so sure…)

But seriously, I thought that the purpose of a limited liability company was to insulate members from the debts of the company.

After the jump, see how that rule doesn’t necessarily apply when an LLC fails to pay minimum wage or overtime…