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The Unemployment Compensation Retaliation Exception to "At Will" Employment
In my Penn State employment law class, we cover the Pennsylvania Supreme Court's decision in Weaver v. Harpster . The case demonstrates the strong presumption of "at will" employment in Pennsylvania - the idea that an employer can terminate an employee for ...
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EEOC Rejects "Manager Rule" in New (Proposed) Retaliation Guidance
I'm working my way through the EEOC's proposed guidance on retaliation claims . On pages 13-16, the EEOC specifically rejects the "manager rule" and notes that DOL rejects it too. The guidance cites Joint Amicus Brief for the Secretary of Labor and the Equa...
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SCOTUS makes "picking off the plaintiff" in FLSA collective actions a lot harder
Let's start with some recent history. Remember back in 2013, when the Supreme Court decided Genesis Healthcare Corp. v. Symczyk   ( Lawffice Space coverage here )? Let me give you a brief recap. Justice Ginsburg authored the opinion in Campbell-Ewald Co. v....
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Dentist Faces Discrimination Lawsuit for Christian Music and Prayer Meetings
The media has jumped on a recent case involving a dentist who is being sued for harassing staff by constantly playing Christian music . Can employees really sue for an employer playing Christian music? Frankly, I think it would be a tough case to win for a ...
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EEOC makes the case for Title VII prohibiting sexual orientation discrimination
Last week, the EEOC filed an amicus brief in an Eleventh Circuit case, Burrows v. The College of Central Florida . You can read the EEOC's brief here . In its brief, the EEOC lays out its argument that "Sexual orientation is cognizable as sex discrimination...
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EEOC issues guidance for "Muslim or Middle Eastern" employees and their employers
Not official use. Last week, the EEOC issued a statement to "Address Workplace Discrimination Against Individuals Who Are, or Are Perceived to Be, Muslim or Middle Eastern." The EEOC also issued two new documents to help employers and employees understand r...
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Lawffice Links - President Obama on Equal Pay and New EEO-1s
On Friday, President Obama made some announcements regarding his efforts to address pay equity. He timed them to match the 7th anniversary of the Lilly Ledbetter Fair Pay Act" From the White House Blog: Taking Action to Advance Equal Pay President Obama is ...
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DOL Issues "Joint Employer" Guidance
Not official use. The Department of Labor recently issued new guidance regarding "joint employers" . . . via blog entry? It's a little unconventional, but I'll take the guidance where I can get it. Check out Are You a Joint Employer? on DOL's blog. You can ...
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Make the Employment Law Blog Carnival Great Again! #ELBC
January's edition of the Employment Law Blog Carnival is LIVE! Check out Robin Shea's Employment Law Blog Carnival: Iowa Caucus Edition . Thanks to Robin for including Lawffice Space, and great job on this month's edition.
January's edition of the Employment Law Blog Carnival is LIVE! Check out Robin Shea's Employment Law Blog Carnival: Iowa Caucus Edition. Thanks to Robin for including Lawffice Space, and great job on this month's edition. Email ThisBlogThis!Share to TwitterShare to FacebookShare to Pinterest ...
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Lawffice Links - SCOTUS Arguments on Mandatory Fees for Public Unions
Yesterday, the Supreme Court heard oral arguments in Friedrichs v. California Teachers Association (SCOTUSblog page) , a hugely important case for public unions. I baked some Lawffice Links to mark the occasion: For a good introduction to the case, check ou...
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Court adopts DOL bright-line rule: Employers must pay for breaks under 20 minutes
The FLSA requires employers to pay their non-exempt employees for hours worked. The Department of Labor has a regulation that states: Rest periods of short duration, running from 5 minutes to about 20 minutes, are common
in industry . . . . They must be cou...
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NLRB: Employers can't ban recording at work
On Christmas Eve, the NLRB issued an interesting decision in Whole Foods Market, Inc. (decision here) . Whole Foods had a provision in its employee handbook that effectively banned recording devices in the workplace (see below for actual text). The NLRB des...
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Have them in circles
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Vincent Law PLLC's profile photo
arun sharma's profile photo
Jenni Grimaldi's profile photo
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Promotional Sunglasses's profile photo
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The Longest Hangout's profile photo
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C. Arthur Rutter's profile photo
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Pennsylvania and federal labor and employment law blog
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The latest (not necessarily greatest) case law, statutory law, and current events from the world of employment law. Published by Philip Miles, an attorney in McQuaide Blasko's Labor and Employment Law Practice Group in State College, PA.