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Employment Law

Joint-employer legislation passes quick House vote

11/09/2017

Legislation repealing the broad definition of joint employment established by the National Labor Relations Board’s 2015 Browning-Ferris decision passed the House of Representatives Nov. 7.

Supreme Court passes on FMLA retaliation

11/09/2017

Where an employer is located makes a difference when it comes to defeating an employee’s FMLA retaliation lawsuit. That’s because different federal courts use different standards for what an employee needs to prove to win a retaliation case under the FMLA.

Don’t base hiring decision on medical history

11/09/2017

When evaluating applicants, you may consider whether their current health affects their ability to do the job, but you can’t factor in old injuries or medical conditions.

EEOC sues Estée Lauder over unequal leave benefits

11/08/2017
Cosmetic giant Estée Lauder faces charges its parental leave benefits discriminate against men.

Philadelphia real estate firm accused of pregnancy bias

11/08/2017

A Philadelphia-area real estate investment firm that owns and manages apartment communities, retail shopping centers and professional office buildings faces an EEOC lawsuit after it fired an employee shortly after she disclosed she was pregnant.

Male government biologist files gender bias complaint

11/08/2017

A U.S. Forest Service biologist working in Pennsylvania claims he is being discriminated against because of his sex.

Track all leave taken, even after FMLA ends

11/08/2017

If you generously provide extra leave for employees who run out of FMLA leave, be sure to document it. Should the employee later accuse your organization of FMLA retaliation, the fact that you approved subsequent leave can demonstrate your good faith.

Remind bosses they must never criticize employees for taking FMLA-covered leave

11/08/2017

Employees who find themselves criticized for lower productivity or missed deadlines because they were out may have a legitimate FMLA interference or retaliation claim.

Always get employee’s permission to record conversation about complaints

11/08/2017

Here’s a reminder for Pennsylvania employers: Before videotaping or otherwise recording an investigation into an employee complaint, get permission to do so. Otherwise, you may face a wiretapping criminal charge.

3rd Circuit confirms: Pay for short breaks

11/08/2017

When an employer in Pennsylvania revamped its break program by requiring workers to log out, it also decided the breaks would be unpaid. That flew in the face of decades of Department of Labor guidance—and provoked a lawsuit.