Third Circuit Employment Law 101

My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.

July 13, 2018 | by Eric B. Meyer

By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia Commons

Yesterday, I blogged here about the most important employment law decision of 2018. It’s a case called Minarsky v. Susquehanna County (opinion here).

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

July 12, 2018 | by Eric B. Meyer

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

January 4, 2018 | by Eric B. Meyer

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

Citing Harry Potter, Third Circuit requires employers to pay non-exempt workers for short breaks.

October 15, 2017 | by Eric B. Meyer

Yep, Harry Potter. 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.

September 21, 2017 | by Eric B. Meyer

Giphy.com

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

On John Cusack, Pink Floyd, Title IX, and medical residencies.

March 9, 2017 | by Eric B. Meyer

Serendipity may be one of the worst movies of all time. Of this, I am sure.

Then again, I can’t stand John Cusack movies, especially that pretentious piece of one-know-what, High Fidelity. But, I’m not writing today to bash John Cusack. And, I’m not made of stone. Hot Tub Time Machine was pretty freaking good.

Rather, I found it serendipitous that I never really talk about Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in any education program or activity receiving Federal financial assistance. Then, you get Tuesday’s post about the similarities between Title IX and Title VII.

And, I’m gonna give you another Title VII / Title IX post today.

A lesson on non-competes: What you don’t know, can’t hurt you. Until it does.

February 13, 2017 | by Eric B. Meyer

Ready, fire, aim.

That’s the approach that many employers take when seeking to enforce a covenant not to compete with a former employee.

3d Cir: Even where old folks are treated fairly, OLDER folks can bring age-bias claims

January 11, 2017 | by Eric B. Meyer

You’ll have to pardon the headline.

I’m not nearly as articulate as the Third Circuit was in yesterday’s opinion in Karlo v. Pittsburgh Glass Works, LLC, using words like “cognizable” and “disproportionate adverse impact.” And, even though the Third Circuit sits in Philadelphia, you won’t find local lingo like “old head” or “jawn” anywhere in the opinion.

Although, I’m pretty sure page 6 has a cheez whiz stain on it.

3d Cir: Employers cannot use paid meal breaks to offset unpaid overtime

October 10, 2016 | by Eric B. Meyer

A few weeks ago, I blogged here about a federal agency — one that rhymes with EEOB — reaching a 7-figure settlement with its workers of alleged Fair Labor Standards Act overtime violations involving comp time.

Last week, the Third Circuit Court of Appeals issued an opinion, in which it addressed another tricky situation involving overtime offsets.

How you know when to pay employees on meal breaks

November 30, 2015 | by Eric B. Meyer

How was your Thanksgiving? Survive Black Friday? (In case you’re wondering about a gift for me, no. Yes. Heck, yes (asking for a friend)).

Me? I almost left my kids on the North Pole as I counted the minutes until Monday. But, overall, I enjoyed a few days off.

Now, it’s back to work. *** Sips mai tai *** So, let’s talk about the Fair Labor Standards Act. As wage and hour claims generally continue to spike, I’m going to get into the weeds a bit and talk about meal breaks. Specifically, when do non-exempt employees get paid for meal breaks?