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Employment Law

Badgering older employee to retire backfires

02/07/2017
Constant badgering about retirement can backfire badly, especially if a supervisor also makes potentially ageist comments about the employee’s appearance, work habits or other characteristics.

Is Puzder’s Secretary of Labor nomination in trouble?

02/07/2017
President Trump’s nomination of fast-food executive Andrew Puzder to become Labor Secretary all of a sudden seems to have tripped over some obstacles.

Snapshot: EEOC charges of religious bias, 2006 – 2016

02/07/2017
Complaints of religious discrimination filed with the EEOC have increased by 50% since 2006 and 80% since 2001.

Business groups wary of Trump’s visa, immigration plans

02/07/2017
Technology companies and business advocacy groups worry that the Trump administration’s executive order restricting international travel from seven countries could signal a broader immigration crackdown that could stifle economic growth and make it harder to compete.

EEOC outreach spurs mental disability claims

02/01/2017
The EEOC is taking new steps to teach employees suffering from depression, anxiety and other conditions about their workplace rights.

Gorsuch, like Scalia, apt to back employers

02/01/2017
Several of the nominated judge’s rulings have been skeptical of granting too much power to regulatory agencies such as the DOL and NLRB.

Flu shot: Erie hospital pays to settle religious bias suit

02/01/2017
St. Vincent’s Health Center in Erie has agreed to settle charges it failed to provide a religious accommodation for six employees who refused to take influenza vaccines for religious reasons.

FMLA doesn’t prevent firing for poor performance

02/01/2017
Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.

Misogyny alone may not support distress lawsuit

02/01/2017
Pennsylvania courts are willing to let workers recover damages resulting from intentional infliction of emotional distress. However, the conduct must be “extreme and outrageous.”

Court: State institutions held immune from suits related to FMLA self-care provisions

02/01/2017
The 3rd Circuit Court of Appeals has ruled that under the Constitution’s 11th Amendment, a state-affiliated educational institution is immune from suit over the FMLA’s self-care provisions.