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Pennsylvania

Consensual quid pro quo still carries liability

08/13/2025

So-called quid pro quo sexual harassment occurs when the punishment happens when the quid—sexual activity—isn’t delivered and the employee is demoted or terminated. But there’s another version of quid pro quo harassment in which the pro quo is agreed to. Can the subordinate still sue for sexual harassment? The answer is a resounding “Yes!”

Cure intermittent leave headaches by relying on FMLA certification

05/05/2025

Unfortunately, intermittent FMLA leave is easy for employees to abuse. Fortunately, the FMLA certification documentation that employees must provide is the key to easing the HR headaches that intermittent leave often causes.

Understand marijuana laws in every jurisdiction where you operate

04/25/2025

Employers can require employees accused of violence at work to take a drug test. But what happens if the test reveals the presence of marijuana in the system of an employee whose use of medical marijuana is authorized by state law?

Court: Simply offering DEI program doesn’t establish hostile environment

04/18/2025

The mere existence of a DEI program doesn’t establish a hostile environment if an employee wasn’t singled out or personally affected.

Schedule cut to accommodate pump breaks? Not so fast

04/09/2025

While breaks to express breast milk may disrupt the workday, they’re a legal entitlement meant to allow working mothers the ability to earn a paycheck while providing their child with nourishment widely believed to be the best food for growing infants.

Pay-equity audit? Be prepared to show your work

03/07/2025

To avoid litigation, many employers conduct internal audits to ensure pay equity when employees perform substantially identical work. If you decide to run a pay-equity audit, be prepared to show exactly how you conducted it.

New Jersey marijuana laws prohibit applicant lawsuits

02/12/2025

In 2022, New Jersey voters approved an amendment to the state constitution that decriminalized the use and possession of marijuana. The law also barred discrimination based on marijuana usage but stated that employers were entitled to maintain a drug- and alcohol-free workplace.

Win lawsuits by documenting consistent, equitable interview process

12/16/2024

When interviewing more than one candidate to fill a job, the easiest way to prevent failure-to-hire lawsuits is to ask the same questions of every candidate. That’s especially important when there are several rounds of interviews or when a committee conducts the interviews.

DOL wage-theft trial ends in $38.8 million judgment against Pennsylvania nursing homes

08/05/2024

In one of the nation’s largest-ever wage-recovery judgments, a federal court in Pennsylvania has awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers employed by the operators of 15 nursing homes and assisted-living facilities in western Pennsylvania that willfully denied them overtime pay.

Judge declines to block FTC noncompete ban, setting up potentially protracted legal fight

07/29/2024

ATS Tree Services asked Judge Kelley Hodge of the U.S. District Court for the Eastern District of Pennsylvania to issue a preliminary injunction blocking the rule.