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Second Circuit Rejects DOL's 6-Factor Unpaid Intern Test
Last week, in Glatt v. Fox Searchlight Pictures (opinion here) ,  the Second Circuit rejected the Department of Labor's six-factor test for distinguishing lawful unpaid interns from regular old employees (who must be paid minimum wage and overtime). Let's b...
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They're Heeeeerrrre - New Proposed FLSA Overtime Regs
At long last, today is the day. President Obama will announce the new proposed overtime regulations. You can read the Notice of Proposed Rulemaking here . This will take me some time to read through. After reading the executive summary, the main thrust is r...
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New EEOC Guidance on Pregnancy Discrimination
Yesterday, the EEOC issued an updated version of Enforcement Guidance: Pregnancy Discrimination and Related Issues . Per the press release, it covers: the PDA's application to current, past, and potential pregnancy;  termination or refusal to hire someone b...
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3d Cir. on FMLA "Negative Certifications" and Right to Cure
Yesterday, the Third Circuit issued an interesting precedential opinion in Hansler v. Lehigh Valley Hospital Network . A Negative Certification? The employee sought intermittent leave and submitted an FMLA certification form to her employer. The form indica...
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Pennsylvania Judge Holds that "Payroll Cards" Violate Wage Payment and Collection Law
The Pennsylvania Wage Payment and Collection Law (WPCL) requires employers to pay employees "in lawful money of the United States or check." s 260.3. A class action lawsuit in Luzerne County claims that some McDonald's franchise owners are violating the WPC...
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Employment Law Blog Carnival - Fetch New #EmpLaw Catchphrases
Where have I been? This is my triumphant return from some kidney stone problems that have kept me out of blogging for a couple weeks. What better way to return than by hosting this month's Employment Law Blog Carnival (#ELBC)! This month, I've come up with ...
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New Overtime Regulations and the Avoidance Problem (VIDEO)
I posted a new video to Vimeo: New Overtime Regulation and the Avoidance Problem . New Overtime Regulations and the Avoidance Problem from Philip Miles on Vimeo . It's a brief overview of President Obama's Department of Labor's new proposed overtime regulat...
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That White Guy Lost . . .
Yes, white males are a protected class ... I blogged about this a year and a half ago. One of the cases I cited was Burlington v. News Corp . The employee, a white guy, was fired for using the n-word. He filed a race discrimination lawsuit, claiming that bl...
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$2.25 Million GINA Verdict in the "Case of the Devious Defecator"
Yup, you read that right - an actual GINA case! Oh, and a giant verdict number and a bizarre poop reference... I'm just gonna let the judge's order from earlier in the case get you caught up: Atlas Logistics Group Retail Services (Atlanta), LLC (“Atlas”) op...
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Medical Marijuana as a Reasonable Accommodation?
Yesterday, I blogged about the Colorado Supreme Court's decision that an employer could terminate an employee for medical marijuana use despite a state statute forbidding employment termination for "lawful" off-duty conduct. The decision did not specificall...
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Colorado Supreme Court Upholds Termination for Medical Marijuana Use
Colorado has a quirky little statute that makes it unlawful for employers to terminate employees for "lawful" outside-of-work activities. As you may know, Colorado also has some pretty marijuana-friendly laws on the books. Enter Brandon Coats. Brandon has a...
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The Unanswered Questions from EEOC v. Abercrombie
Building off of yesterday's posts regarding EEOC v. Abercrombie ( here and here ), there are two extraordinarily important questions left unanswered. I touched on this yesterday:  What level of suspicion is required? Justice Scalia reportedly announced this...
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Have them in circles
125 people
Clearwater Personal Injury Law Firm Dolman Law Group (727) 451-6900's profile photo
Automotives's profile photo
C. S. Lewis fan page's profile photo
Ирина Черных's profile photo
Music I love Rap Dog ♪ ♥ ♪ ♥ ♪ ♥ ♪ ♥'s profile photo
Sadat Mousa's profile photo
LoserVille's profile photo
Corson & Johnson Law Firm's profile photo
William Shakespeare Fan Page'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.