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The Employer Handbook Blog

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Hocus Pocus: PA Supremes eliminate magic language for creating non-compete loopholes

On Wednesday, the Pennsylvania Supreme Court made a lot of — some would say, creative — lawyers unhappy. In a 4-1 decision, the Court held Wednesday that the language “intending to be legally bound” found in Pennsylvania’s Uniform Written Obligations Act will not save an otherwise unenforceable non-competition agreement. You can…

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Denying an employee’s attempt to rescind her resignation may be…retaliation?!?!

I picture it happening something like this. But, with inflatable sumo suits,  and some Spandau Ballet, or maybe Pantera, and yeah… Ok, not exactly. According to the Fifth Circuit Court of Appeals in Porter v. Houma Terrebonne Housing Authority (opinion here), it went more like this: Tyrikia Porter worked for the Houma Terrebonne Housing…

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It’s another “when a hostile work environment isn’t a hostile work environment” post

Second verse, same as the first. (But read it anyway to pad my blog stats, would ya?) All of us have heard the words “hostile work environment” bandied about to the point where the most minor slight in the office can supposedly create a hostile work environment. Well, as a…

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The DOL may be slowing its roll on the new OT rules. But, you should act now.

Yesterday, I snuck this little doozie onto The Employer Handbook Facebook Fan Page. A delay in the new DOL OT rules? Lauren Weber of the Wall Street Journal also reported here that Solicitor of Labor, Patricia Smith, told an audience at the American Bar Association Labor and Employment Law Conference in Philadelphia…

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As a social-media-nerd employment lawyer, this one has me shakin’ my head.

In Pennsylvania, the Rules of Professional Conduct require that an attorney must stay abreast of changes in changes in the law, including the benefits of advances in technology. LinkedIn was founded over 10 years ago. If you’re reading this and you are not familiar with LinkedIn … I mean, geez. For…

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A federal judge in Alabama holds that Title VII covers sexual-orientation discrimination

Who would have guessed that, in a state without a state administrative agency to accept discrimination charges, where only age discrimination is against state law, a federal judge would rule that sexual orientation is considered sex discrimination and, therefore, a violation of Title VII. A groundbreaking decision. Yes, late last month, Judge Myron…

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Sir, yes, sir! Quoting “Full Metal Jacket” may create a hostile work environment

https://www.flickr.com/photos/28385889@N07/4065494694 That’s why I stick with Finding Nemo at work. I also find myself eating lunch alone and getting plenty of odd looks from the staff. Well, that and my mohawk. But, at least I’m not at risk of creating a hostile work environment. Well, well, Private Joker, I don’t…

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1.7 million reasons to reconsider issuing attendance points for medically-related absences

Burger Time and Astrosmash…who’s with me, Millennials! [Sigh] What does any of this have to do with employment law? Not much, I guess. The lede said “points,” and then I started thinking about video games, and I’m a sucker for Intellivision nostalgia. Well, anyway, the key here is points. Last week, the…

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“Off-the-clock” discriminatory Facebook messages can create a hostile work environment

As I type this post, I’m watching two of my kids — one dressed as Olaf; the other Elsa — yelling at each other to stop singing Frozen tunes. Now, they’re wrestling — I don’t remember that from the movie. For a snowman, that Olaf is pretty tough. Oh, damn!…