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Lawffice Space
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Pennsylvania and federal labor and employment law blog
Pennsylvania and federal labor and employment law blog

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NLRB Proposes Rule for Joint-Employment
Not official use. Sometimes, two distinct entities share a relationship with the same workers. For example, when you walk into a fast food place - those workers are most likely employed by the local franchise, not the big national fast food corporation. The...
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PHRC: Pennsylvania law prohibits sexual orientation discrimination
Here in Pennsylvania, we have a workplace anti-discrimination law called the Pennsylvania Human Relations Act (PHRA). It's a lot like the federal laws (Title VII, ADA, ADEA). One notable distinction is that the PHRA applies to employers with 4 or more emplo...
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Third Circuit on Sexual Harassment Affirmative Defense (and #MeToo)
The Third Circuit recently issued a fascinating sexual harassment opinion in Minarsky v. Susquehana County (opinion here) - Eric Meyer calls it "the most important employment law decision of 2018 . In some ways, the case is unremarkable. The Court is just a...
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Kavanaugh, Lateral Transfers, and Disparate Treatment
To win a disparate treatment claim under Title VII, the employee must show that (s)he suffered an "adverse employment action." In Ortiz-Diaz v. HUD , the D.C. Circuit held that the employer's denial of a lateral transfer did not meet this standard (citing p...
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Kavanaugh, the N-word, and Hostile Work Environment
To state a hostile work environment claim, an employee must allege that (s)he was subjected to discriminatory harassment that was "severe or pervasive." What about one incident? Obviously, that's not pervasive ; but, when is one incident severe enough to cr...
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Kavanaugh, Seaworld, and OSHA
Welp, now we know . . . President Trump's pick to replace Justice Kennedy is Judge Kavanaugh from the D.C. Circuit. I teach employment law for Penn State's School of Labor and Employment Relations. The past several semesters, the class on OSHA has included ...
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Trump middle finger lawsuit dismissed
I can't say I'm surprised. The lady who got fired for flipping off President Trump's motorcade reportedly lost her lawsuit . I suppose she still has some appeal options. When she filed suit, I described her claim as a "secondhand First Amendment claim," and...
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SCOTUS Season Concludes with a Labor Decision and a Surprise
Yesterday, the Supreme Court concluded its 2017-18 term. I'll start with the huge news that Justice Kennedy announced his retirement. Hopefully, we'll soon know who President trump nominates to replace him, and do a little employment law background check on...
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New Proposed Pennsylvania Overtime Regs
Okay employers, do you remember President Obama's proposed overtime regs from 2016 ? The ones you were freaking out over? But then completely forgot about because a court enjoined them ? Well, guess what? They're baaaack . . . potentially . . . sort of . . ...
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PennDOT Employee's Facebook Rant Receives Constitutional Protection
The Commonwealth Court of Pennsylvania issued an opinion applying the First Amendment to a Facebook rant in Carr v. Commw. Dept. of Trans . A PennDOT road worker posted this to a Facebook group: Rant: can we acknowledge the horrible school bus
drivers? I’m ...
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