Chalkboard eraser, Waldorf School, East Lexington MA.jpgBack when I first started this blog, when I believed that my blogging success would translate into Aston Martins and beach homes, rather than “Can you please email me a copy of your FMLA PowerPoint?”, I had a series of “Third Circuit Employment Law 101” posts. Well, I don’t think I’ve done a “101” post for nearly 5 years. Time to break that streak.

Oh, hold on a sec, I need to respond to another PowerPoint-request email…

Continue reading

Nuvola LGBT flag borderless
On Monday, I got into last week’s EEOC ruling that sexual-orientation discrimination is sex discrimination and, therefore, violates Title VII. Yesterday, I took up the First Amendment Defense Act, which has been described by the ACLU as “Indiana on Steroids.”

On Thursday, make way for the Equality Act, according to Chris Johnson at the Washington Blade (here). Continue reading

Showing your pride - DC Gay Pride Parade 2012 (7356403050).jpgLast Friday, I briefly mentioned the EEOC’s recent decision, in which it concluded that Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law that bans employment discrimination based on race, color, religion, national origin, and sex, also forbids discrimination based on sexual orientation (e.g., lesbian, gay, bisexual). The EEOC concluded that sex discrimination also takes into account “sex-based considerations,” which includes sexual orientation. Continue reading

Form W-2, 2006In my younger days, I had a summer job in college where I clocked in at 9 and left at 5. They gave me a desk, a computer, training, a supervisor, job instruction, and a not-so-fatty paycheck. But, at least, nothing got withheld from my paycheck.

They called me an independent contractor and gave me a 1099.

Yeah, about that… Continue reading

I didn’t stay at a Holiday Inn Express last night. But, even if I had, heck, I could move in to a Holiday Inn Express for a month and still not have anything intelligent to offer when one of my clients brings up the Affordable Care Act (ObamaCare).

Now, I’m guessing that some of you have ACA dartboards migraines questions. (Something other than WTH?!?!?).  I’m going to do one better than refer you to our Employee’s Benefits Practice Group.

My firm is hosting a free Affordable Care Act breakfast briefing on Tuesday, July 21, 2015 at 8:15 am at our office in Philadelphia, PA. Not only can you participate in a roundtable discussion about impending reporting requirements relating to the Affordable Care Act and related healthcare reform and compliance issues, but you get access to ACA compliance nerds from both my firm and Deloitte.

If nothing more, you get fried oreos and Meyer in a dunk tank free breakfast and some HR/CLE credits. But, what’s especially nice about this session is that it will afford plenty of opportunity for the audience to ask questions.

Space at this event is limited. If you’d like to attend, e-mail me.

Hope to see you there.

Bank vault 1901.jpg

Unless you practice law or operate a business in New Jersey, you just don’t know.

You, the naive reader, may assume that California is the state with the most employee-friendly laws. And, while that may be true, New Jersey isn’t too far behind. For example, back in 2010, the NJ Supreme Court recognized (here) in Quinlan v. Curtiss-Wright Corp. that, under certain circumstances, an employee could legally swipe an employer’s confidential documents to prove her discrimination claim under the New Jersey Law Against Discrimination.

But, late last month, the NJ Supreme Court revisited the issue…and the record scratched. Continue reading

Over yesterday’s lunch hour, SHRM hosted a fantastic webinar entitled, “Changes to the Department of Labor’s Overtime Rules,” featuring Michael Eastman and Nancy Hammer. If you missed it, and you’re interested in learning more about the single most important change in the law for 2016 to impact your business, you can catch the one-hour replay here. Or, you can view my not-so-snarky live tweet recap here.

Either way, it’s worth your time.

(And, by “either way,” I mean skip my tweets and register for the webcast on-demand).