Welcome Pennsylvania and New Jersey employers.

Settle in and read on for easy-to-navigate, clear and concise summaries of the employment-law landscape in PA and NJ. Plus, we highlight the latest legal trends and changes in the law. You can even improve the way you and your employees conduct business with our featured guest commentary and insights from other management-side employment lawyers and human resources professionals.

This isn't your average blog; this is The Employer Handbook. Read it cover to cover.

July 6, 2012

NJ reaffirms that officers may be personally liable for unpaid wages

Ilya BryzgalovWant another reason not to enter into a long-term contract with an employee? Click through...

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July 5, 2012

Pennsylvania to relax OT requirements for hospitals

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Last week, Pennsylvania's Governor, Tom Corbett was presented with this bill that will allow hospitals and other medical care facilities in Pennsylvania to better control the scheduling of employees to control payment of overtime. Details after the jump...

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July 3, 2012

PA bill will protect privacy of employee social media passwords

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On June 18, 2012, the Pennsylvania House of Representatives introduced the Social Media Privacy Protection Act, which would protect the privacy of employee online user names and passwords.

A summary of the bill, and what this could mean for PA employers, follows after the jump...

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July 2, 2012

Paid sick leave now in effect in Philadelphia

As of yesterday, July 1, 2012, covered employers in Philadelphia are now required to afford sick leave to certain employees. Here is a copy of the new law. You'll also need to read this bill to have any chance at making heads or tails of the new sick-leave requirements. 

But, I'll give you a brief summary of the new law after the jump...

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June 29, 2012

Healthcare, what? Eyeball 3 other pending employment law bills

ThreeI heard that there was some Supreme Court decision yesterday about healthcare. Want the scoop? Google it.

They zig, I'll zag with the scoop on some other pending employment-law legislation of which employers should take note...after the jump...

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June 28, 2012

One roughneck's life: sex jokes, gay innuendo, all legal.

Oklahoma PumpjackWhen Harold Wasek signed on to work at an oil rig in Pennsylvania, he had no idea what lay in store for him, especially when one of his co-workers discovered that Wasek would get easily riled with sexually explicit stories, jokes, fantasies, and names.

  • "You've got such a pretty mouth."
  • "Boy you have pretty lips."
  • "You know you like it, sweetheart."

Wasek complained to his supervisor. But the harassment worsened. He was touched in a sexual manner: grabbing his buttocks, poking him in the rear with a hammer handle and something described as a long sucker rod.

So Wasek sued claiming sex discrimination. And he lost. Why? Because his harasser was a straight man.

Seriously.

I'll explain after the jump...

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June 27, 2012

Beer muscles and a #SHRM12 lesson about accountability

hulk.jpegI'm a fairly easy-going guy. My buttons don't get easily pushed, I'm not easily riled, and I rarely get angry. 

But, when I get fired up....look out, sucka!

One thing that really gets me going is when others fail to accept accountability for their mistakes and do nothing to fix them. As I punch out this blog post on my flight back from Atlanta following the SHRM Annual Conference and Expo -- a truly first-class event that both HR professionals and employment lawyers should make it a point to attend at least once -- all I can think about is an incident that occurred at my hotel, of all places.

It's an unexpected reminder, one that separates the truly great from the good, that I'd like to share with you, after the jump...

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June 26, 2012

Who is a supervisor?

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Nah, brotha. This isn't Jeopardy. That's the question that the Supreme Court has decided to answer.

Meyer, what are you talking about? Who cares? 

Well, you should...

The Supreme Court has twice held (here and here) that, under Title VII, an employer is vicariously liable for workplace harassment by a supervisor. What the Supreme Court has yet to clarify, however, is just who is a "supervisor" for purposes of Title VII.

In Vance v. Ball State Univ., the Seventh Circuit joined the First and Eighth Circuits in opining that a Title VII "supervisor" must do more than direct and oversee the victim's daily work. Rather, the supervisor must also have the power to take formal employment actions against victim. Prior to Vance, the Second, Fourth, and Ninth Circuits had held, the "supervisor" liability rule applies to harassment by those whom the employer vests with authority to direct and oversee their victim's daily work. Meanwhile, in my backyard, the Third Circuit has fashioned it's own two-part test to determine vicarious liability for an employer.

So, here cometh the Supreme Court to answer the question. We'll get some guidance next year.

June 25, 2012

Employer customer lists: "Whatever you say, dude."

See, Hear and Speak No EvilYou're looking to hire a new salesperson. Scott Salesperson comes in to interview. He currently works for your top competitor.

"Scott, do you have a non-competition agreement?"

"No."

"Scott, do you have a confidentiality agreement?"

"No. In fact, I have a list of my own customers that I could sell to if you hire me."

Sounds good, right. But, before hiring Scott, do you have any obligation to independently verify the facts that Scott has represented?

New Jersey employers will definitely want to click through because, last week, the New Jersey Supreme Court answered...

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June 22, 2012

Guest Post: The Problem with Safety Awards

guestblogger.jpgToday we have a guest blogger at The Employer Handbook. It's Kristie Lewis. An expert in the construction industry, freelance writer Kristie Lewis offers tips and advice on choosing the best construction management colleges. She welcomes any questions and comments you might have at Kristie.lewis81@gmail.com.

And if you want to guest blog at The Employer Handbook, then email me.

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June 21, 2012

Going to #SHRM12 in Atlanta? You know I'll be there.

shrmlogo.jpgLess than one week to go before the 2012 SHRM Annual Conference and Exposition kicks off. I'll be there. And here's where we can meet up:

Monday night you can find me discussing cutting-edge HR/employment-law issues at The Official #SHRM12 TweetUp & Afterparty powered by SHRM & Glassdoor. And if you believe that, I'll let you buy the first round. I prefer Johnny Blue and Cristal boilermakers. Cuz I'm a baller.

At 10 AM on Tuesday, I'll be bright-eyed and bushy-tailed for Live from the HIVE, Social Media Policy 101, for a Q&A with my buddy Curtis Midkiff. I'll hang out afterwards to discuss any questions you may have. Those who bring me Red Bull Sugar Free will get their questions answered first. Unless, of course, you have cash.

But, if you can't make it down to Atlanta for the event, there are many ways for you to still participate. You can join the #SHRM12 Social Circle, follow the #SHRM12 hashtag on Twitter, follow me on Twitter (@Eric_B_Meyer), or visit the SHRM Annual Buzz site.

Hey, I'd love to meet you. Unless, of course, you have leprosy. Keep your distance. Eh, maybe we can work out some sort of reasonable accommodation.

Oh, I kid. I just wanted an excuse to play this song.

Throw 'em up! See you in Atlanta.

June 20, 2012

The NLRB continues preaching to your non-union employees

Union YesAs y'all know, the National Labor Relations Board has taken quite a beating recently in the courtroom. First, the Board was forced to delay requiring employers to post a union-rights poster in the workplace. Then, a federal court voided the Board's "quickie" union-election rules.

But, this Board is resilient. This Board is determined to encourage your employees to seek strength in numbers. How does the Board plan to spread its message? Find out after the jump...

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June 19, 2012

Supreme Court: No overtime pay for pharmaceutical sales reps

Thumbnail image for Supreme Court.jpgUnder the Fair Labor Standards Act, a company must pay overtime to non-exempt employees who work over 40 hours in a particular workweek. Non-exempt, huh? That implies that the FLSA also contains various exemptions from overtime pay for employees who meet those requirements. Indeed it does. One of those exemptions is called the "outside sales" exemption. To qualify for the outside sales employee exemption, all of the following tests must be met:

    1. The employee's primary duty must be making sales (as defined in the FLSA); and

    2. The employee must be customarily and regularly engaged away from the employer's place or places of business.

The pharmaceutical industry is chock full of sales representatives whose job it is to go to doctors' offices and convince physicians to place orders with drug makers. However, these sales reps never actually transfer title to the drugs. That is illegal in the drug industry.

So then, the question is, do these sales reps qualify for the FLSA's outside sales exemption? Well, funny you should ask, because that's what the Supreme Court decided yesterday (here). Details after the jump...

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June 18, 2012

HELP WANTED: Born-again Christians need only apply

Born Again

I'm a firm believer that discussing religion (or politics) at work is a recipe for disaster. On this blog; however, if it's employment-related, then that's how we roll...

And, after the jump, we roll into Oklahoma and discuss whether it's ok for a lighting company to require that it's employees be born-again Christians. (Hint: It's not ok).

(If you'd rather read about the Oklahoma City Thunder and the NBA Finals, I understand).

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June 15, 2012

Your state's family-leave benefits probably suck!

Family FunechaThat according to a a new survey from The National Partnership for Women & Families.

The survey compared how state-based rights and protections compare to the 12 weeks of leave for new and expecting parents provided by the federal Family and Medical Leave Act (FMLA), the protections provided by the Pregnancy Discrimination Act (PDA), and the right to express breast milk at work provided to some nursing mothers under the Fair Labor Standards Act (FLSA).

The report card covers all 50 states, plus the District of Columbia. No state earned an A. Only 1/3 scored a C- or higher, while more than 1/3 flat-out failed. The highest grades went to California and Connecticut, each earning an A-. Locally, New Jersey ranked near the top with a B+, while Pennsylvania scraped by with a D.

(h/t Christian Schappel)