In an unpublished opinion, the Third Circuit Court of Appeals denied a Pennsylvania company’s attempt to enjoin a former employee, who had entered into several restrictive covenants with the company, to compete directly against the company and solicit its customers. What did this employer do wrong and how can you…
Thomson Reuters had such a bad week last week that I had to spread the news over two blog posts. Here is part one about how the National Labor Relations Board is set to file a complaint against Thomson Reuters for allegedly disciplining an employee who tweeted about labor/management relations. After the…
Earlier this week, I posted a link to the new Fair Labor Standards Act final regulations. After the jump, I have 15 more resources to help employers navigate the treacherous world of overtime, minimum wage, independent contractor vs. employee, what the FLSA requires, what the FLSA doesn’t require, and other…
Over the weekend, I gave a Wage and Hour presentation in Atlantic City to a group of restaurant owners. Later this week, I will post some of the bullet points from that presentation of which every business should take note. Until then, a heads-up that the United States Department of…
Two Philadelphia posts in a single week. That’s called keeping it real. For local employers, keeping it real may mean moving out of the city, as the cost of doing business in Philadelphia could be on the rise. Check out this post I did for The Legal Intelligencer about a…
In a 6-2 decision, the Supreme Court held yesterday that a company may not retaliate against an employee who orally “filed a complaint” about perceived Fair Labor Standards Act (FLSA) violations. After the jump, I’ll break down this decision, just what it means to orally file a complaint, and the…
Last month, the United States Department of Labor’s Wage and Hour Division issued a request for public comments on its preliminary interpretations of a new provision of the Fair Labor Standards Act that requires employers to provide nursing mothers with reasonable break time and a private space for expressing breast…
Previously, I wrote (The Patient Protection and Affordable Care Act, enacted earlier this year, amended the
Do I have your attention now? Early next year, the Construction Workplace Misclassification Act goes into effect. Signed in October, 2010, this legislation provides criteria for classifying a person as an independent contractor (versus an employee) in the construction industry. If you operate a business in the construction industry, you…
The Patient Protection and Affordable Care Act , enacted earlier this year, amended the Fair Labor Standards Act (FLSA) to require a “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to…