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I can tell you this. It takes more than a few posts from a couple of ‘Wingnuts.’
Articles Posted in Third Circuit Employment Law 101
You can’t fire an employee while on FMLA leave. Except when you can.
Image Credit: Pixabay.com
Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled.
An employee fired while on FMLA leave is usually a recipe for trouble for the employer.
But not this time. Continue reading
Discrimination 101
Ischa1, Helder [Public domain], via Wikimedia Commons
And I suppose that was a bit of a misnomer because there’s more to it. So, let’s talk about that today.
Hey Eric! Can I spy on my former employee’s Facebook messenger account?
Image Credit: Pexels.com (https://www.pexels.com/photo/facebook-glasses-privacy-privacy-policy-267372/)
Asking for a friend, of course. Continue reading
The woman who worked for a sex-toy store has … wait for it … a sex-plus claim.
Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website))
On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve.
This is not most days.
My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.
By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia Commons
If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version: The Third Circuit Court of Appeals concluded that a plaintiff might not complain about sexual harassment at work for several years but still have a viable hostile work environment claim if she genuinely believed — and the record supported — that it would be pointless to do so. Continue reading
It’s the most important employment law decision of 2018
By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons
Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Continue reading
I love the smell of Sour Patch Kids and the False Claims Act
You know, I don’t think we’ve ever discussed the False Claims Act here at The Employer Handbook.
I don’t think we’ve discussed crowded clown cars either. And, while clowns may pique more interest, alas, this is an employment-law blog. So, I suppose we’ll enjoy our first taste of FCA together.
Kinda tastes like Sour Patch Kids. Continue reading
In the Third Circuit, willful FLSA violations are as common as spotting a unicorn sliding down a rainbow into a leprechaun’s pot of gold as pigs fly by.
If an employer violates the Fair Labor Standards Act, like by not paying overtime, the plaintiff(s) can generally recover two years of unpaid overtime for the two years preceding the lawsuit. Those plaintiffs may also recover liquidated damages equal to the unpaid overtime.
So, if an employer owes $100 in overtime, the total bill with liquidated damages would be $200.
However, if the employer willfully violates the FLSA, then the damages increase. That’s because the lookback period for a willful violation becomes three years.
But, what makes a violation willful? Yesterday, the Third Circuit helped answer that question. Continue reading