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The Employer Handbook Blog

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MAJOR wage and hour news in PA! Minimum wage going ☝️; Proposed salary-level test going 👇, and more!

Image by Clker-Free-Vector-Images from Pixabay Where do we even begin? Oh, right… The minimum wage is going up! (The proposed overtime regulations are going down). With a big ‘ol tip of the cap to Adam Long, who scooped the news here at McNees’ Pennsylvania Labor & Employment Blog, the Pennsylvania…

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This great federal court decision I read offers seven keys to a proper severance agreement

Image by Andreas Breitling from Pixabay A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So…

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Six million reasons to remember that the EEOC continues to take your company’s background checks seriously

By U.S. Government – Extracted from PDF file here., Public Domain, Link On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The EEOC…

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Can a company require new employees not to bash it on Glassdoor? Is that legal?

Glassdoor [Public domain], via Wikimedia CommonsLet’s find out. Last week, the National Labor Relations Board’s Office of General Counsel released this Advice Memorandum. It involves a Missouri law firm that required all newly-hired support staff and attorneys to sign an employment agreement containing the following non-disparagement provision: “[D]uring and after…

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A new bipartisan bill would create more FMLA leave time for spouses that work for the same employer.

Jeff Belmonte from Cuiabá, Brazil [CC BY 2.0], via Wikimedia CommonsThe Family and Medical Leave Act provides eligible employees with up to 12 workweeks of job-protected leave during any 12-month period for specified family and medical reasons. But, if two spouses work for the same company, maybe, not so much.…

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New legislation in NJ would make it much harder to use independent contractors

Image by Sandra Ferentschik from Pixabay Yesterday, one of my favorite readers of the blog forwarded me a link to this article, “Sweeney-backed bill may eliminate independent contractors in N.J.” That got my attention. Last week, State Senator Stephen Sweeney introduced this piece of legislation which wouldn’t quite eliminate independent…

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Courts don’t second-guess non-discriminatory business decisions. Even the tough ones.

Image by mohamed Hassan from Pixabay There are times when employers have to make difficult decisions impacting the workplace. Today, I’m going to talk to you about one of them involving an employee who attempted suicide and, subsequently, pressed the company to return him to work. The plaintiff in this…

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How to fire a poor performer who complains about discrimination and still avoid a retaliation claim

Image by Christos Giakkas from Pixabay You have an underperforming supervisor in your workplace. Several employees have complained about her work performance and leadership. So, the plan is to fire her. Except, three weeks before you terminate this supervisor’s employment, she complains about discrimination. Can you go through with the…

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The DOL plans to make it easier for you to pay bonuses while using the fluctuating workweek

After a Harry Potter tour behind-the-scenes, some additional London sightseeing, and a Premier League game, the Meyers have made it back to the United States. Unfortunately, since my body is still on Greenwich Mean Time, I’m typing this post at 5:30 in the morning local time. But, hey, my four…