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SCOTUS: Mistaken retaliation is still retaliation under First Amendment
Yesterday, the Supreme Court issued its opinion in Heffernan v. City of Patterson . A police officer picked up a campaign sign featuring a candidate who was particularly unpopular in his department. Some of his co-workers spotted him and he got demoted the ...
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Pennsylvania's New Medical Marijuana Law Includes Employment Protections
On Sunday, Pennsylvania Governor Tom Wolf signed a new medical marijuana legalization bill into law . You can read the full text of the law, Senate Bill 3, here . Of interest to Lawffice Space readers, the new law contains some employment provisions. The gi...
The gist of these provisions is that employers may not discriminate or retaliate against employees who are "certified to use medical marijuana" - not to be confused with recreational users. Employers are not required to allow marijuana use on their property or place of employment.
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Are employee handbooks legally binding contracts in Pennsylvania?
Can an employee sue his or her employer based on a breach of the terms of an employee handbook or manual? Law101: The answer to every question is always, "it depends." Generally, the answer to this question is "no" - but with the qualifier that... wait for ...
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Pennsylvania Gov. Tom Wolf to Sign Sexual Orientation & Gender Identity Anti-Discrimination Executive Order
Pennsylvania Governor Tom Wolf will reportedly " sign an executive order to prohibit discrimination by state contractors against people who are lesbian, gay or transgender ." I have not seen the actual order yet, but Gov. Wolf posts his executive orders her...
Employers that discriminate against employees on the basis of sexual orientation or gender identity are playing a dangerous game. Many states, unlike Pennsylvania, prohibit such discrimination. Here in Pennsylvania, we do have municipalities with anti-discrimination ordinances that cover sexual ...
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Just in from SCOTUS: Compulsory public union fees for collective bargaining survive
It was supposed to be a ginormous (that's a word, right?) labor law decision. In Friedrichs v. California Teachers Ass'n , the Supreme Court was going to decide: (1) Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency s...
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But all three VPs were men . . .
Earlier this month, the Third Circuit issued a non-precedential opinion in Steele v. Pelmor Laboratories, Inc . I don't consider it a huge case, but it does include some interesting analysis, including a breakdown of "statistical evidence." The employee cla...
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Curt Schilling, ESPN, Free Speech and quirky state laws
As you have probably already heard, ESPN fired Curt Schilling - presumably for sharing a Facebook post ( screen grab here ) that mocked transgender people and commenting that "A man is a man no matter what they call themselves" and "Now you need laws tellin...
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You Must be Christian to Work on Noah's Ark
If you ever wanted to visit a life-sized replica of Noah's Ark, then you'll soon have a chance at the Ark Encounter in Kentucky. If you want to work on the Ark, then you must be Christian . Wait... what about Title VII's prohibition on religious discriminat...
If you ever wanted to visit a life-sized replica of Noah's Ark, then you'll soon have a chance at the Ark Encounter in Kentucky. If you want to work on the Ark, then you must be Christian. Wait... what about Title VII's prohibition on religious discrimination in employment?
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Meyer and Miles on Social Media and Litigation
Go ahead and add to the list of great M and M acts... Eminem, M&M's, Mork and Mindy... and, now, Miles and Meyer. Eric Meyer (of The Employer Handbook fame) and I will be presenting on Social Media and Litigation at the PBA Civil Litigation Section Retreat ...
Go ahead and add to the list of great M and M acts... Eminem, M&M's, Mork and Mindy... and, now, Miles and Meyer. Eric Meyer (of The Employer Handbook fame) and I will be presenting on Social Media and Litigation at the PBA Civil Litigation Section Retreat in Lancaster, PA this weekend.
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SCOTUS will not review 9-figure wage and hour judgment against Wal-Mart
I've covered this case before... it has been working its way through the Pennsylvania court system for a while. A bunch (like 187,000) of Wal-Mart employees filed a class action lawsuit under the Pennsylvania Wage Payment and Collection Law claiming that th...
I've covered this case before... it has been working its way through the Pennsylvania court system for a while. A bunch (like 187000) of Wal-Mart employees filed a class action lawsuit under the Pennsylvania Wage Payment and Collection Law claiming that they were not paid for missed breaks and ...
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SCOTUS: Statistical analysis of donning and doffing was good enough
Yesterday, the Supreme Court issued its opinion in Tyson Foods, Inc. v. Bouaphakeo . In this case, the employees brought a FLSA collective action (and a Rule 23 class action under similar state wage laws) against their employer. They claim the employer owes...
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SCOTUS nominee Merrick Garland on NLRB appeals
Merrick Garland (public domain). According to CNN , Pres. Obama will nominate Merrick Garland, Chief Judge of the D.C. Circuit Court of Appeals for the current SCOTUS vacancy left by Justice Scalia. I'm sure we'll get plenty of press coverage. For now (and ...
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Have them in circles
124 people
Abiodun Olorunju's profile photo
George Washington Fan Page's profile photo
Coding Media's profile photo
William Shakespeare Fan Page's profile photo
Android in the Moon's profile photo
New Media Consulting S.A.R.L.'s profile photo
The Mormons's profile photo
Corson & Johnson Law Firm's profile photo
At Best Taste Plase'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.