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Articles Posted in Third Circuit Employment Law 101

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Consider requiring your new independent contractors to release employment claims

What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company? So glad you asked. Although, I’m not sure I like your tone. *** takes pills *** Many years ago, Allstate Insurance restructured its business,…

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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…

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There is no right to be completely left alone while on FMLA leave

One of the questions I hear a lot from employers is: Can we communicate with employees on Family and Medical Leave Act leave and, if so, how much? I’ll get to that in a second. #HelpShaneFightCancer For the folks who missed my blog post on Friday, we’re trying to raise…

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3d Cir. on FLSA successor-in-interest liability. Or, as I like to put it, “No Blog Hits” Day

I was on such a roll this week.  You guys were digging the heck out of my peeing in the breakroom post, David Crosby the alcoholic, and the one about a supervisor offering cash to sleep with an employee’s wife. You know who even read that last one? Scan down…

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FACT OR FICTION: You can ban employees from consuming alcohol — even off the clock.

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” If you operate a business in PA, NJ, DE or the USVI, then the answer is yes. This is true…

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When it comes to ADA accommodations, reasonable is good enough

Under the Americans with Disabilities Act, an employer must make reasonable accommodation to the known physical or mental limitations of an individual unless the employer can show that doing so how cause it undue hardship. Generally, an employee will initiate the process by advising her employer that she is disabled…

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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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Four ways to successfully defend an Equal Pay Act claim

This blog is nearly 2 1/2 years old and we have our first Equal Pay Act post. The Equal Pay Act requires equal pay for equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Any wage discrimination on…

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Fact or Fiction: FLSA preempts state wage and hour laws?

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post” d/b/a (just for today) “Eric’s 36th-Birthday Post”.  *** Sigh *** Ahh…let’s get to today’s question: May an employee raise claims…