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Employment Law

Philly’s Dechert law firm settles discrimination claims

04/30/2018
The giant Dechert law firm, founded in Philadelphia in 1875, has agreed to settle charges it fired two workers from its payroll department because of their age and gender.

Recent medical diagnosis? Consider accommodations

04/30/2018
Sometimes an employee discovers she may have a disability, or that it’s time to disclose one she had been keeping secret. How the employer responds to that information may prevent an ADA discrimination lawsuit—or trigger one.

Denial of basic training opportunity doesn’t rise to the level of sex discrimination

04/30/2018
Not every negative thing that happens amounts to retaliation or discrimination. Employees have to show that any “punishment” they experienced significantly changed the conditions of employment.

Suddenly stopped informal accommodations? Get ready to defend decision in court

04/30/2018
Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Employers cannot simply develop a list of one-size-fits-all accommodations for a particular condition.

Ensure fair treatment after return to work

04/30/2018
The ADA and the Pennsylvania Human Rights Act protect disabled workers from harassment based on their disability. Make sure everyone, including co-workers and supervisors, understands they cannot punish a disabled employee for taking leave.

What to expect if BOFE investigators knock at your door

04/30/2018
The California Labor Commis­sioner’s Office has ramped up wage-and-hour compliance investigations by its Bureau of Field En­­forcement unit.

Trump nominates Gustafson to be EEOC’s top lawyer

04/30/2018
President Trump has nominated Wash­ington, D.C.-area attorney Sharon Fast Gustafson to be the new general counsel to the EEOC. The general coun­­sel is the commission’s top litigator.

Salary OK for nonexempts, as long as it covers OT

04/30/2018
It’s fine to pay an hourly worker a set salary as long as it covers appropriate overtime. You may deduct from the salary if the employee doesn’t work enough hours.

Go ahead: Seek pacts for both arbitration, litigation

04/30/2018
Do you want to push employment disputes into arbitration, but prefer to have a state or federal court hear any trade secret-disputes? Keep those agreements separate.

Prepare to show applicant understood terms of initial arbitration agreement

04/30/2018
Do you routinely include an arbitration agreement in your employment applications? It’s a good idea to keep copies of both, in case the employee later claims she didn’t understand what she was signing because of language barriers.