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Employment Law

Employers look at pay parity in response to #MeToo outcry

03/13/2018

The #MeToo and #TimesUp movements have done more than shine a light on sexual harassment in the workplace. They’ve also prompted employers to take a fresh look at gender-based pay disparities.

Ignorance is no excuse for wage violations

03/13/2018

Pleading ignorance is no defense if you are sued for violating the Fair Labor Standards Act. In fact, not bothering to learn the intricacies of wage-and-hour law may cost you even more than out-and-out cheating your employees does.

Legislation would ban mandatory arbitration of #MeToo claims

03/13/2018

U.S. Sen. Kirsten Gillibrand (D–N.Y.) has introduced legislation that would bar employers from including sexual harassment or gender discrimination claims in mandatory arbitration agreements. Identical legislation has been introduced in the House of Representatives.

Court gives new protection to transgender workers

03/13/2018
A panel of the 6th Circuit Court of Appeals has ruled for the first time that discrimination on the basis of transgender and transitioning status violates Title VII of the Civil Rights Act.

EEOC charges continue seven-year decline

03/13/2018

The EEOC handled 89,385 charges of workplace discrimination in fiscal year 2017, an 8% decline compared to the year before.

Pennsylvania prepares on its own to address overtime salary test

03/13/2018
The issue: Was an employee improperly classified as exempt instead of nonexempt? At stake: The possibility of being awarded back overtime pay for hours worked in excess of 40 per week.

Beware claims of intentional infliction of emotional distress

03/13/2018

You should thoroughly train all managers and supervisors on how to treat disabled employees. A worker with a disability who is badly mistreated may be able to claim intentional infliction of emotional distress in Pennsylvania.

He who does the hiring should also do the firing

03/13/2018

If possible, the same manager who made the hiring decision should also make the firing decision. That’s because presumably a manager wouldn’t hire someone knowing they belonged to an obvious protected classification and then turn around and fire that person because of that status.

NLRB rules: Unions may try to organize employees in nonwork areas

03/13/2018

In December 2017, the National Labor Relations Board handed down a decision that changed the test for determining whether employers have engaged in unfair labor practices.

Short ADA accommodations delay no problem

03/13/2018

Coming up with an accommodation isn’t always easy. It’s OK to temporarily assign the worker to different tasks or another department while you figure it out.