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The Employer Handbook BlogProving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
A man walks into a job interview. Continue reading
Articles Posted in Third Circuit Employment Law 101
Heads up, employers. It’s a lot easier for employees to claim discrimination — even without getting fired.
Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin.
Last week, a federal appellate court hinted at some examples of when a plaintiff suffered “some harm” to a term or condition of employment, which would be enough to have a facially plausible claim of discrimination.
If your company handles military leave for employees this way, you may be doing it all WRONG
Yesterday, a federal appellate court issued a precedential opinion clarifying when employers must pay employees and provide certain benefits while they take short-term military leave under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).
Retaliation can come in all shapes and sizes
Earlier this month, a federal appellate court addressed a few situations involving retaliation claims in the workplace in which parties (and sometimes courts) may misapply the law, namely, Title VII of the Civil Rights of 1964.
So, let’s clear this up. Continue reading
Why might the Phillie Phanatic get paid for the time it takes to get into costume at the ballpark?
By Terry Foote – I took this photograph while attending a Spring Training game, CC BY-SA 4.0, Link
Because who is going to click if I had titled this post, “The Third Circuit clarifies when compensable work is the ‘integral and indispensable.'”
But, now that you’re here, you might as well stick around for this wage-and-hour lesson. Continue reading
If the boss is creating a hostile work environment, no amount of fix-it may save you in the lawsuit
Not this Boss. I’m talking about someone so high up in the company food chain that they serve as the organization’s proxy. Continue reading
Do employers risk violating the FLSA by reducing PTO? Is it part of an employee’s salary?
Those were the critical issues in a precedential decision that the Third Circuit Court of Appeals issued yesterday. So let’s talk about it. Continue reading
A federal appellate court using Homer Simpson to explain wage and hour law?!? Woo hoo!!
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Benoît Prieur, CC0, via Wikimedia Commons
Fair Labor Standards Act lawsuits aren’t exactly fodder for Silver Screen blockbusters.
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Are you in the clear waiting four weeks to fire someone who complained about sexual harassment?
I’ve got some ‘splaining to do before we get into the meat and potatoes. Continue reading
How does an employee go from “promotable” to “expandable” to plaintiff claiming gender bias?
Litigators often counsel witnesses to answer, “I don’t recall,” rather than guess or speculate the response to a question at a deposition. But, sometimes, that approach can backfire. Continue reading