Employment Law

Sexual Harassment: It Could Happen To You

December 6, 2017
Posted in Employment Law

Unless you have been living in a cave for the past several months, you know that numerous careers and reputations have recently been shattered in the wake of sexual harassment claims. Harvey Weinstein, Charlie Rose, Matt Lauer, Louis C.K., Brett Ratner, Kevin Spacey and Bill O’Reilly are some of the high profile names on a […]

How Much Is Too Much? [FMLA And More]

October 10, 2017
Posted in Employment Law

I often receive inquiries from employers asking whether they have to allow an employee to take unpaid medical leave after the employee’s sick time is exhausted, or after the employee’s Family Medical Leave Act (FMLA) leave expires. Often there is no clear cut answer. The federal courts, most notably the Third Circuit which covers federal […]

Good News For The Unaware Employer

October 6, 2017
Posted in Employment Law

As all employers should know, the Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid an overtime rate in the amount of one and one-half times their regular rate for all hours worked over 40 hours in a work week. Failure to comply with the FLSA overtime pay requirements subjects the employer to […]

Supreme Court Rules That Former Employees Have No Right To Review Their Personnel Files

July 27, 2017
Posted in Employment Law

On June 20, 2017, the Pennsylvania Supreme Court settled the issue once and for all as to whether former employees are entitled to review their personnel files after their discharge. They are not. Pennsylvania’s Personnel Files Act (“Act”) controls access to employee personnel files. In the case of Thomas Jefferson University Hospital, Inc. v. Pennsylvania […]

United States Court of Appeals Applies Civil Rights Protections to the LGBT Community

April 7, 2017
Posted in Employment Law

Continuing a recent trend expanding Title VII’s prohibition of sex discrimination to cover sexual orientation, on April 4th the United States Court of Appeals for the Seventh Circuit became the first federal appellate court to rule that the Civil Rights Act of 1964 bars discrimination in the workplace on the basis of sexual orientation.  For […]

Sexual Orientation Now Protected Under Title VII

December 14, 2016
Posted in Employment Law

Last year the Equal Employment Opportunity Commission (EEOC) made it known that it was interpreting and enforcing Title VII’s prohibition of sex discrimination as forbidding employment discrimination based on gender identity and/or sexual orientation. For many years prior, the EEOC and the courts did not consider discrimination based on sexual orientation as discrimination based on […]

A Possible Exception for the At-Will Employee

December 7, 2016
Posted in Employment Law

The Pennsylvania Superior Court in a recent case entitled Wakeley v. M.J. Brunner addressed the issue of whether the plaintiff could overcome the presumption of at-will employment, where she specifically acknowledged that her employment was at will. The facts of the case were that Katie Wakeley resided in Dallas, Texas with her family, and was […]

Pennsylvania’s Personnel Files Act Is Under Review

August 8, 2016
Posted in Employment Law

On August 2, 2016, the Pennsylvania Supreme Court granted a Petition for Allowance of Appeal in order to decide whether Pennsylvania’s Personnel Files Act (“Act”) permits a former employee to review his or her personnel file. The case stems from an employer’s decision refusing the request of a recently terminated employee to review her personnel […]

Employers Beware: Philadelphia’s Recently Amended “Ban The Box” Law Imposes Stringent Restrictions On The Use Of Criminal Background Checks

August 4, 2016
Posted in Employment Law

Philadelphia recently amended its “Ban the Box” ordinance, officially known as the “Fair Criminal Record Screening Standards”, to prohibit all private employers and city agencies from conducting a criminal background check on a prospective employee prior to making a conditional offer of employment. The Ban the Box law prohibits unlawful employment discrimination on the basis […]

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