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.

September 4, 2014

Philadelphia now requires breastfeeding protections for local employees

Heads up, Philly employers! This new law takes effect right away!

Read all about it after the jump...

* * *

Continue reading "Philadelphia now requires breastfeeding protections for local employees" »

September 3, 2014

Court won't let jury see plaintiff's trial-victory prediction on Facebook

Oh, come on! What fun is that?

What did the plaintiff say and why won't the court allow the defendants to present it as evidence at trial? Find out after the jump...

* * *

Continue reading "Court won't let jury see plaintiff's trial-victory prediction on Facebook" »

September 2, 2014

How to curse out your boss on Facebook ... and get away with it!

It's easier than you think. Indeed, a recent decision from the National Labor Relations Board bears this out.

Details after the jump...

* * *

Continue reading "How to curse out your boss on Facebook ... and get away with it!" »

August 29, 2014

Same-sex training. Ok or discrimination?

According to the EEOC, if men can only train men, and women only women, that may be discrimination. 

But, let's see what a federal court has to say about that after the jump...

* * *

Continue reading "Same-sex training. Ok or discrimination?" »

August 28, 2014

Here's why you provide a list of essential job functions when approving FMLA

Trial is over!

I'm coming atcha live and direct from the bloggerdome with a sweet defense verdict in my pocket. Yup, yup!

[cue music]

[cue music]

And what do I come back to? A precedential Third Circuit opinion discussing an employee's right to return to work from FMLA.

I'll cover that for you after the jump...

* * *

Continue reading "Here's why you provide a list of essential job functions when approving FMLA" »

August 27, 2014

Please stand by...

Last day of trial today. Big blog post tomorrow. I promise. #nopromises.

August 26, 2014

I'm on trial. (You know, my real job).

Be back tomorrow.

August 25, 2014

Court: Title VII prohibits retaliation based on good-faith complaint of sexual-orientation harassment

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn't one of those protected classes specifically listed in the statute.

So, if an employee complains about sexual-orientation harassment and is later fired because she complained, then that won't create a claim under Title VII. Or does it?

Find out after the jump...

* * *

Continue reading "Court: Title VII prohibits retaliation based on good-faith complaint of sexual-orientation harassment" »

August 22, 2014

Will the EEOC become more employer-friendly in the Fall?

*** whistles ***

The word on the street according to Kevin McGowan at Bloomberg/BNA (here $$$) is that U.S. Equal Employment Opportunity Commission Chair Jacqueline A. Berrien (D) has decided not to seek renomination to the EEOC.

Originally an Obama recess-appointment, the Senate confirmed Ms. Berrien as EEOC Chair in December 2010. Her term expired on July 1, 2014, but she is permitted to retain her seat until September 1, 2014.

With Ms. Berrien's departure, the EEOC will be left with four Commissioners: two Democrats (Feldblum, Yang) and two Republicans (Lipnic, Barker). And a kick-ass pro-bono mediator named Meyer who--- oh yeah, right, back to people who matter... 

Recall that the most recent guidance on pregnancy discrimination, viewed by some as overreaching, passed 3-2 along party lines.

What will a 2-2 split mean for future EEOC guidance and enforcement? Frankly, I have no idea. I'm shocked you've made it 147 words into this blog post.

So, your Friday reward is The Cure (the band, although I did partake in the ALS Ice Bucket Challenge) and my recent "TLNT Webinar - EEO Compliance: Avoiding Discrimination in the Workplace" PowerPoint presentation. 

Just email me and the EEO slide deck is yours.

August 21, 2014

Yes, you can fire an employee who discloses a disability at his termination meeting

Filed under: duh!

More on this one after the jump...

* * *

Continue reading "Yes, you can fire an employee who discloses a disability at his termination meeting" »

August 20, 2014

The Employment Law Blog Carnival: Instagram Edition #ELBC

If a picture says a thousand words, then my editors are going to be hella-mad at me.

After the jump, it's the best of the employment law blogosphere told through the eyes of Instagram.

* * *

Continue reading "The Employment Law Blog Carnival: Instagram Edition #ELBC" »

August 19, 2014

NJ Gov. Christie vetoes bill to protect unemployed job hunters

Thumbnail image for nj.jpgA bill that would have made it illegal for New Jersey companies to refuse to hire a job candidate because of his/her employment status is dead for now. Find out why after the jump...

* * *

Continue reading "NJ Gov. Christie vetoes bill to protect unemployed job hunters" »

August 18, 2014

NLRB may encourage your employees to file OSHA, FLSA claims too

nlrb.jpgLast week, the National Labor Relations Board issued this memorandum in which it has instructed regional offices to encourage employees to file complaints with the United States Department of Labor if the the regional NLRB office "believes that an employer may have violated a substantive or anti-retaliation provision of [OSHA] or the FLSA."

Remember that the National Labor Relations Act covers more than just unionized employers and workplace. For example, many of the social media cases involving the NLRB that you may have read about actually involve non-union workplaces. So, if you haven't gotten the message already, this NLRB initiative is another wake-up call to get your house in order.

Otherwise, you may have multiple federal agencies up in your business.

Continue reading "NLRB may encourage your employees to file OSHA, FLSA claims too" »

August 15, 2014

This may be the worst lie ever told on a resumé. Like ever.

pinocchio.jpgI was reading this recent CareerBuilder survey, which reports that 58% of employers have caught a lie on a resumé. (Most popular lie: skills embellishment).

As, CareerBuilder is apt to do, the survey contained a section of some of the most outlandish lies ever caught on a resumé. 

Some that made that list include: Applicant included job experience that was actually his father's. Meh. Applicant claimed to have 25 years of experience at age 32. Getting warmer.

Then I scanned down and saw this doozie: Applicant applied to a position with a company who had just terminated him. He listed the company under previous employment and indicated on his resume that he had quit.

Dude!

What's the best lie you've ever caught on a resumé? And how did you catch it? Let me know in the comments below.

August 14, 2014

NJ Gov. Christie signs ban-the-box legislation

Come January 1, most NJ employers will no longer be able to ask about an applicant's criminal record during the initial employment application process.

That's right.

Ban the box will be b-b-b-b-banned in the Garden State!

More on the new law after the jump...

* * *

Continue reading "NJ Gov. Christie signs ban-the-box legislation" »