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The Employer Handbook Blog

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Driving + Texting = OSHA all up in your business

Congress created the Occupational Safety & Hazard Administration (OSHA) to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. That sounds nice. But my clients and I both know this: you don’t want OSHA sniffing…

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Third Circuit: The Lily Ledbetter Act Does not cover failure-to-promote claims

Our old friend Robert Rank-And-File is at it again. He has sued his employer, Pennsylvania-New Jersey-Delaware, Inc., in federal court. Robert claims that Pennsylvania-New Jersey-Delaware, Inc. violated Title VII of the Civil Rights Act of 1964 when it failed to promote him because of his gender, national origin and race.…

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How do PA, NJ, and DE address discrimination based on sexual orientation?

Recently, I read an article by Bob Egelko in the San Francisco Chronicle about a speech from U.S. Supreme Court Justice Antonin Scalia in which he told law students from U.C. Hastings that the 14th Amendment to the U.S. Constitution, which guarantees equal protection to all U.S. citizens, do not…

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What happened to our healthcare Flexible Spending Accounts?

In March of this year, I finally wised up and opened a health care Flexible Spending Account (FSA) through my job. Simple enough. Fill out some paperwork. Decide how much to deduct each pay period. Spend the money on deductibles, prescriptions, glasses and, best of all, over-the-counter medication. It’s use-it-or-lose-it…

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Facebook Posts Cost School Superintendent His Job

At the Connecticut Employment Law Blog, Daniel Schwartz wrote a two-part piece about a Connecticut school superintendent who was forced to resign after making some lighthearted remarks on Facebook. The comment that appears to have gotten the superintendent in the most trouble was this one referring to a personnel matter:…

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New Jersey: No Adverse Employment Action Required for a Failure to Accommodate Disability Claim

There are plenty of good reasons that plaintiff’s lawyers heart the New Jersey Law Against Discrimination (NJLAD). It has a wide scope of coverage for employees with disabilities. It’s remedial purposes are incredibly broad. A plaintiff can go directly to court with a claim under the NJLAD without vetting it…