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Employment Law

Pennsylvania Whistleblower Act requires verdict from judge, not jury

01/29/2016

Here’s a bit of good news that may prevent a big jury verdict: An employment-related whistleblower claim must be heard and decided by a judge, not a jury.

When employee must care for loved one, beware liability for association bias

01/29/2016
Watch out for a growing litigation danger known as association discrimination. More courts are allowing ADA lawsuits to move forward based on suspicion that an employee who has a disabled family member was punished because he might miss work in the future.

Scranton prof sues, says he lost tenure for being Greek

01/29/2016
A former professor at the University of Scranton has sued the university claiming it denied him tenure and fired him because of his Greek heritage.

Prepare for overtime changes in retail, hospitality industries

01/28/2016
The U.S. Department of Labor’s proposed amendments to the Fair Labor Standards Act will have an enormous impact on employers in the retail and hospitality industries.

Austin employee promoted, files race bias suit anyway

01/28/2016
Employees who get promotions generally don’t sue their employers, but an administrative specialist for the city of Austin, Texas, has done just that.

Whistleblowing requires report outside chain

01/28/2016
Government employees in Texas are protected from retaliation for blowing the whistle on a co-worker, supervisor or the agency where they work.

That air-tight arbitration clause? It might not stop class-action after all

01/28/2016

A federal magistrate has ordered notifications sent to a large group of employees inviting them to join in a Fair Labor Standards Act lawsuit.

ADA: It’s OK to just agree to accommodation

01/25/2016
When a disabled employee asks for a reasonable accommodation, the employer is supposed to engage in an interactive process to explore the options. But what if you prefer to skip the discussion and simply agree to the employee’s suggested accommodation?

Using independent contractors? Protect your intellectual property rights

01/22/2016
If you use independent contractors to perform design work, make sure your contractor agreement transfers copyrights and other intellectual property rights to you.

What can I do about employee whose volunteer firefighting duties interfere with work?

01/15/2016

Q. One of my employees is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him or stop him from being absent from work?