Pennsylvania

Will the PA Supreme Court revolutionize non-compete agreements?

December 23, 2014 | by Eric B. Meyer

I meant to write about this a week or so ago after I saw Dan Packel’s article at Law360. But, then, I got sidetracked with a bunch of NLRB stuff. Until, yesterday, Lizzy McLellan’s article at The Legal Intelligencer brought me back.

So, here’s the deal. The basic rule in PA has always been that, for a non-compete to be enforceable, it needs to be entered into when employment begins (i.e., as consideration for offering employment), or there needs to be some independent consideration to support it (e.g., a raise, bonus, promotion, etc.).

However, some outlier judicial decisions in PA have concluded that PA’s Uniform Written Obligations Act magically adds consideration to any agreement with the words “intending to be legally bound.”

Court gives cold shoulder to frostbite as an ADA disability

October 23, 2014 | by Eric B. Meyer

See that lede right there! That’s journalism, baby!

After the jump, let’s talk about what it means to have a disability under the Americans with Disabilities Act Amendment Act.

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Read this before you revoke a job offer in Pennsylvania based on criminal history

October 10, 2014 | by Eric B. Meyer

Across the country, many states and localities have enacted ban-the-box legislation. In a nutshell, ban the box means that employers cannot inquire about an applicant’s criminal history until after the first job interview.

For example, Philadelphia has ban the box. The Commonwealth of Pennsylvania does not.

Still, Pennsylvania does have the Criminal History Record Information Act. But, indeed, a Pennsylvania federal court ruled on Wednesday that the Act and ban the box are two separate things:

Hitler jokes from supervisors of German descent are, oh, what’s the word?

September 23, 2014 | by Eric B. Meyer

The German word is “dumm“

Or, as they say in Germ-lish: Hella-dumm.

More after the jump…

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A restaurant posted LeSean McCoy’s receipt on its Facebook page

September 9, 2014 | by Eric B. Meyer

My mind…blown!

Yesterday, the local internet feeds were flooding us with news that Philadelphia Eagles running back LeSean McCoy allegedly left a 20-cent tip at a local restaurant at which he and some friends had lunch on Monday. The “smoking gun” was a copy of what is purported to be McCoy’s lunch receipt from the restaurant.

I read “Eagles Player LeSean McCoy Just Left a 20-Cent Tip at PYT” on PhillyMag.com, and “LeSean McCoy tips 20 cents at PYT. The restaurant, PYT, even posted about it on its own Facebook page, complete with a copy of the supposed McCoy receipt.

Philadelphia now requires breastfeeding protections for local employees

September 4, 2014 | by Eric B. Meyer

Heads up, Philly employers! This new law takes effect right away!

Read all about it after the jump…

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Here’s why you provide a list of essential job functions when approving FMLA

August 28, 2014 | by Eric B. Meyer

Trial is over!

I’m coming atcha live and direct from the bloggerdome with a sweet defense verdict in my pocket. Yup, yup!

[cue music]

And what do I come back to? A precedential Third Circuit opinion discussing an employee’s right to return to work from FMLA.

I’ll cover that for you after the jump…

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Court: No First Amendment right for teacher to trash students online

July 29, 2014 | by Eric B. Meyer

Welcome to The Employer Handbook.

Extending the fifteen minutes of fame of a trash-talking blogger/teacher by a 300 word blog post.

After the jump…

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Another PA court concludes that “fluctuating workweek” is dead in PA

July 16, 2014 | by Eric B. Meyer

It’s been a rough year for RadioShack. One that, for me, came out of nowhere.

That Super Bowl commercial was freaking brilliant! (Second only to this one).

So, of to a great start in February, I thought things were looking up for RadioShack. But, then they announced they were closing 1,100 stores and one analyst later cut RadioShack’s stock price target to $0. ZERO!

How yesterday’s federal court strike of PA’s same-sex marriage ban affects employers

May 21, 2014 | by Eric B. Meyer

ICYMI, yesterday, the United States District Court for the Middle District of Pennsylvania ruled in this opinion that PA’s same-sex marriage ban is unconstitutional.

How fitting that the first gay couple in Philadelphia to obtain a marriage license was Kerry Smith and Rue Landau, who serves as the Executive Director of the Philadelphia Commission on Human Relations (PCHR). Congratulations, Rue and Kerry!

So, now that, for the time being, gay marriage is legal in the Keystone State, how does this impact local employers? Find out after the jump…

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