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Employment Law

Good news for employers: Moonlighting, noncompetes and the NLRA

01/25/2013
The National Labor Relations Board’s Division of Advice recently released a memorandum that should hearten ­­employers. It concluded that requiring employees to sign an agreement that contains a noncompete clause or a “moonlighting” provision would not unlawfully interfere with an employee’s exercise of rights under Section 7 of National Labor Relations Act.

OFCCP sends audit letters to Uncle Sam’s contractors

01/25/2013
The Office of Federal Contract Compliance Programs has begun sending Corporate Scheduling Announcement Letters to federal contractors, warning that they may soon be subject to a compliance review or audit.

Sex bias suit airs law firm’s allegedly dirty laundry

01/25/2013
After the EEOC concluded that a female partner in the Philadelphia office of the Greenberg Traurig law firm had been underpaid by $50,000, she decided to get even.

Awkward: Bias suit reveals state troopers’ Asian sex trips

01/25/2013
A race discrimination lawsuit filed in 2011 by a former Pennsylvania State Police corporal got complicated late last year when allegations of other troopers’ overseas sexual hijinks surfaced.

Sands Casino rolls dice, loses all in NLRB ruling

01/25/2013
The National Labor Relations Board has ruled against the Sands Casino in Bethlehem, holding that the casino violated the National Labor Relations Act when it refused to bar­­gain in good faith with the casino guards’ duly-elected union.

Track special requests for changes in hours, work

01/25/2013
Sometimes, an employee asks for schedule changes, extra hours or even permission to work from home now and then. If you grant such requests, track them carefully.

Ordinary argument about job duties doesn’t add up to hostile environment

01/25/2013

When a new supervisor arrives and makes changes, criticizes work performance and otherwise challenges old ways of doing things, thin-skinned employees may complain about working in a hostile environment. But just complaining about workplace unpleasantness doesn’t make a winning lawsuit.

Filing for workers’ comp doesn’t qualify as ADA protected activity

01/25/2013
Here’s a bit of good news. Just because an employee claims she was hurt at work and files for workers’ compensation doesn’t mean she automatically has a federal ADA retaliation case if she’s fired.

Training, strong policies key to keeping workplace harassment-free

01/25/2013
No doubt your company has a sexual harassment policy in place. However, it may have been drafted long ago and may have been long ignored by supervisors and subordinates alike. If you suspect this is the case, it’s time to dust off the document, review it and start making sure all your supervisors and managers take it seriously.

Rite-Aid OT settlement will cost over $27 million

01/25/2013

The Rite-Aid drugstore chain, based in Camp Hill, will end 14 different over­­time lawsuits with one huge settlement of more than $27 million. Plaintiffs had alleged the company misclassified assistant managers and co-managers to avoid paying them overtime.