When you have a man and woman performing the same job, you pay ’em the same. Otherwise, you’re violating the Equal Pay Act. Except, an employer can argue that a pay differential is lawful when it’s “based on any other factor other than sex.” [cue music] So, for example, when I’m…
With all due respect to the United States Court of Appeals for the Second Circuit, I’m glad, at least for this month, that I don’t practice there. You see, as I blogged here on Monday, the Second Circuit ok’d/protected an employee’s vicious, profanity-laced, social-media tirade against his boss, his boss’s mother,…
It may not have occurred exactly as I’ve depicted above. Although, this accompaniment foreshadows a strong second career in musical direction for the Bloggerking, amirite? Ok, so maybe my GifJif is a complete dramatization of Wednesday’s Order from District Judge Mitchell Goldberg in the Eastern District of Pennsylvania. Still, big news! Judge Goldberg stayed Philadelphia’s…
Yesterday, at approximately 5:18 PM EDT, all of the associates at my law firm received the same email. It was from one of my partners, encouraging them to sign up to receive daily updates to this blog via email. “You will learn something from him nearly every day of the…
Do employee-leave issues and ACA woes have you feeling like this? Well, next month, my friends at Kistler Tiffany and I have got your back. We’re presenting two free, live seminars to help you tackle your ACA, ADA, and FMLA issues. The first will be on Wednesday, May 10, 2017 from 9:30 AM…
Earlier this year, Philadelphia passed a law banning employers from asking about a job applicant’s salary history. In that blog post, I foreshadowed a possible lawsuit from business groups to block the law, which would otherwise take effect on May 23. Early Thursday morning, Philly.com’s Tricia L. Nadolny reported here that the…
The trailblazing Seventh Circuit Court of Appeals achieved a monumental result. And it only took 53 years after the enactment of Title VII of the Civil Right Act of 1964. Below, I have a breakdown of yesterday’s historic decision in Hively v. Ivy Tech Community College. Let’s start with the court’s…
The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions…
Not cool, dude. Hatter v. WMATA (opinion here) involves an individual with sleep apnea who applied for a bus driver position. He got the job conditionally, but later had the offer rescinded. What happened?!? Well, the offer was rescinded because the plaintiff chose not to submit sleep apnea test results to…
A few months ago, I was waxing poetic about plutonium, how to establish essential job functions, and quality-testing diet scrapple. What got into me? Now, I’ve got a cautionary tale, in the form of a recent federal court opinion, to help you good folks navigate away from some of the…