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Articles Posted in Pennsylvania

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YYYOUCH! Employee fired for refusing Brazilian wax claims sex discrimination.

You know, maybe I should have gone with the porta-potty-harassment post that I originally had planned for today. Nah. My analytics tell me that my best-received posts have a common theme: crotch and Brazil. Besides, everyone knows that nothing says Friday like a porta-potty post. Just wait ’til Friday. So…

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No non-compete in the offer letter, but here’s a way to enforce one…

You’re hiring for an engineer position. To assist, you engage a search firm, which finally locates an ideal candidate. After a telephone conversation, and a subsequent tour and in-depth interview, you know that you have the right person for the job. So, you prepare and send an offer letter. The…

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3d Cir: Obama NLRB recess appointments (Becker too) were unconstitutional

In a 2-1 decision issued today (copy here), the Third Circuit Court of Appeals ruled that the National Labor Relations Board lacked the authority to act as early as March 2010, when President Obama appointed Craig Becker to the Board. The Third Circuit held that Member Becker’s appointment to the…

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Third Circuit says VIPs cannot sue for Title VII discrimination

Robert Mariotti was the vice-president and secretary of the company his father founded. Not only was he a corporate officer, but Mariotti also served as a member of the board of directors, and was a shareholder who could only be fired for cause. In 1995, Mariotti had a spiritual awakening,…

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That’s what he said: The infamous Eagle v. Morgan LinkedIn case is ovah!

On March 12, a federal court in PA resolved the first HUGE LinkedIn account dispute case involving an employee and former employer. I’ve written about out it a few times previously. (Here, here,and here). The latest decision is involved. And rather than pontificate — too many syllables — I’ll defer…

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In 77 tweets, what employers can learn about EEOC enforcement #EEOCHR

I had two topics on the brain to blog about: Whether, under the Americans with Disabilities Act, being on time is an essential function of the job. Fortunately, Daniel Schwartz addressed that yesterday here at the Connecticut Employment Law Blog. As a follow-up to yesterday’s wage-and-hour / Daylight Savings Time…

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New bill in PA would prohibit unemployment discrimination

  In 2011, New Jersey passed a law banning discrimination against the unemployed. Will PA follow suit in 2013? The ball is rolling…. The PA House introduced its own unemployment-discrimination bill on January 22, 2013, and you can view a copy of it here. Cliff’s notes version: Employers CAN’T use…