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The Employer Handbook Blog

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PA: Misclassify an independent contractor and go to jail

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…

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Unions are using social media to organize YOUR workforce.

Even without theNational Labor Relations Board may decide cases in a way that enhances the union’s ability to organize a workforce. The the Board may also place additional limits on employer speech rights and attempt to give union organizers access to an employer’s workplace. But even without direct, on-site access…

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Hi, PA, NJ, and DE employers. Meet GINA.

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Nearly a year later, the EEOC published the final GINA regulations. How does this law affect employers? I’ll break it down for you after the jump.…

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EEOC sets new records for complaints received

According to a report from the Bureau of National Affairs, more employees than ever are filing complaints with the United States Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission received a record 99,922 private sector discrimination charges in fiscal year 2010 but managed to keep its charge backlog almost…

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How enforceable is a non-solicit agreement after you fire an employee?

To answer your question, it depends. And in Pennsylvania, there are a lot of factors that a court will consider, based on a recent case decided by the Pennsylvania Superior Court. But, unlike many prior Pennsylvania decisions that deal with the enforceability of a non-competition agreement after an employee is…

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1 lactating employee + 0 place to pump = 1 messy complaint

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…