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The Employer Handbook Blog

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PA remains a hotbed of social-media discovery disputes

  I’ve been slacking, folks. Not since November have I blogged about a defendant’s motion to compel a motion to compel an individual’s social-media content. Since then, several more Pennsylvania courts have weighed in on this burgeoning area. I’m sorry to each and every one of you. I have let…

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SCOTUS: Religious groups nearly exempt from job-bias laws

Yesterday, in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the United States Supreme Court unanimously held that the Establishment and Free Exercise Clauses of the First Amendment bar employment-discrimination lawsuits by ministers against their churches. More on this decision and some helpful reminders for private-sector employers after the jump……

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PA companies offering severance to employees should read this…

Starting this year, employees who receive severance pay in excess of 40% of the average annual wage in Pennsylvania will have their unemployment compensation benefits offset. Currently, that 40% number is $17,853.00. As Jonathan Segal, Legislative Director for PA State Council of SHRM, notes here, employers should be very careful…

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Say cheese! Thank you for supporting organized labor.

No inflatable rats here, folks. Just some organizing shenanigans. Last week, the National Labor Relations Board was tasked with determining whether a union may use the photograph of an employee, without his authorization, on union-organizing materials. Click through to find out how the NLRB decided this one… * * *…

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Can ADA-disabled employees be required to work overtime?

To prove disability discrimination under the Americans with Disabilities Act (ADA), a plaintiff, at a minimum, must prove that: she is disabled; she is otherwise qualified to perform the job requirements, with or without reasonable accommodation; and she was discharged (or otherwise suffered an adverse employment action) solely on account…

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Who owns the LinkedIn account you maintain for an employee?

powered by Fotopedia Yesterday, we looked at a recent federal-court decision to determine whether LinkedIn connections are considered trade secrets. Today, after the jump, we look at whether your business has any protectible interest in a LinkedIn account that you create and maintain for your employees. * * * Let’s…

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Re-open for business: Obama recess-appoints three to the NLRB

Well, color me surprised (I think that’s purple). Today, President Obama exercised his executive power to “recess” appoint — actually, to be technical about it, no one is on recess — three new members to the National Labor Relations Board, thus bringing the Board up to its full capacity of five members. The recess…

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Are employees’ LinkedIn contacts considered your trade secrets?

Over the past several weeks, you probably read about this case involving a company suing one of its former employees whom it alleges misappropriated a Twitter account and, along with it, 17,000 Twitter followers that the company believes it owns. A video about the case follows below: https://www.youtube.com/watch?v=3hV2lCnG5VA A fight over…