Articles Posted in Pennsylvania

If you hire someone who says they are in a drug treatment program, don’t do this…

July 12, 2023 | by Eric B. Meyer

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The Americans with Disabilities Act prohibits discrimination based on a disability concerning employment. That includes refusing to hire someone based on an actual disability, a perceived disability, or a record of disability.

Whether an employer regards a job applicant as having a disability or learns about a record of a disability, an employer cannot lawfully refuse to hire them because they are receiving addiction treatment — even if that means the individual is currently in a methadone maintenance program.

Do employers risk violating the FLSA by reducing PTO? Is it part of an employee’s salary?

March 16, 2023 | by Eric B. Meyer

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Those were the critical issues in a precedential decision that the Third Circuit Court of Appeals issued yesterday. So let’s talk about it. Continue reading

Are you in the clear waiting four weeks to fire someone who complained about sexual harassment?

February 21, 2023 | by Eric B. Meyer

I’ve got some ‘splaining to do before we get into the meat and potatoes. Continue reading

Pennsylvania’s employment laws appear to be inching closer to New Jersey’s (aka the California of the East)

December 15, 2022 | by Eric B. Meyer

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When I think of Pennsylvania, it’s the Liberty Bell, cheesesteaks, and that putrid football team from Pittsburgh with the fans that wave yellow towels.

I also think of employer-friendly employment laws.

But one of those associations may soon be eroding. (Spoiler alert: not my opinion of the hapless Steelers). Continue reading

If a cyber-attack at work creates imminent risk of identity theft or fraud, your employees can sue you!

September 15, 2022 | by Eric B. Meyer

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Think of all the personal, sensitive information that an individual shares with you just to have the opportunity to earn a living as an employee of your company. Continue reading

Crikey! Can an employee bring an emotional support alligator to work? 🐊

August 30, 2022 | by Eric B. Meyer

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The local and national news outlets were buzzing yesterday about a family toting around a five-foot reptile in Philadelphia’s Love Park last week.

Meet Wally, the Emotional Support Alligator.

This may become the biggest employment law decision of 2023

August 29, 2022 | by Eric B. Meyer

Image Credit: Photofunia.com

After a ten-day ~~vacation~~ trip with my family (IYKYK) onboard the ~~S.S. Blog Cruiser~~ Royal Caribbean Adventure of the Seas, I’m back to the reality of practicing employment law and blogging about it.

Today, let’s play some tunes as we gaze into the crystal ball and predict what could be the biggest employment law decision of 2023. Continue reading

Remember this recent decision when one employee sues you for unpaid overtime

July 20, 2022 | by Eric B. Meyer

noun-overtime-4739815 Has anyone ever sued your business for violating the Fair Labor Standards Act? This federal law requires covered employers to pay minimum wage and overtime at time-and-a-half when employees work more than 40 hours in a workweek.

They can be expensive to defend — even the ones that aren’t collective (class) actions.

Here’s another reason why enforcing a non-compete can be so darn expensive

June 24, 2022 | by Eric B. Meyer

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I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. Continue reading

Can an employee legally be fired for using over-the-counter CBD products?

April 28, 2022 | by Eric B. Meyer

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Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed.

So, let’s talk about how and why. Continue reading

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