| by

A state court judge in Pennsylvania has come up with a new way to afford litigants access to social media as part of discovery in a pending civil action. Daniel Cummins at Tort Talk has the details:

The Judge’s page long Order does not provide the background on the case leading up to this Motion and Order, or why such discovery was pursued by the Plaintiff.

While the Court did grant the Plaintiff access to the Defendant’s Facebook page and ordered the Defendant not to delete any info from the Facebook profile, the Defendant was granted permission to change his login name and password after seven (7) days following his compliance with the Court’s Order.

Continue reading

| by

Thumbnail image for Supreme Court.jpg

Yesterday, the U.S. Supreme Court in Coleman v. Court of Appeals of Md. held that state employees have no cause of action under the self-care provision (last bullet point in the hyperlink) of the Family and Medical Leave Act. In plain English, if you work for a State employer, and you need time off work for a serious health condition that leaves you unable to perform the essential functions of your job, the FMLA does not require that your employer give you any time off. 

Yesterday’s SCOTUS opinion does not affect the FMLA rights of two classes of eligible employees:

  1. Employees of public agencies; and,

Continue reading

| by

 

Let’s say you operate a business in NJ. Your disabled employee comes to you requesting an accommodation for his disability. Does the mere failure to provide that accommodation trigger a claim under the New Jersey Law Against Discrimination (NJLAD)? What about under the Americans with Disabilities Act (ADA)?

I have two recent cases and two different answers — depending on whether you are in state or federal court, plus some general accomodation tips for employers after the jump…

* * *

Continue reading

| by

Below are summaries of four pieces of legislation of which employers should take note:

  • Protecting Older Workers Against Discrimination Act. Senator Tom Harkin (IA-D) introduced this bill last week. It would overturn the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. and lower the burden of proof for employees to prove age discrimination claims.
  • National Right to Work Act. Senator Jim DeMint (SC-R) has introduced this bill to “preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities.”
Continue reading

| by

Early in my legal career, a colleague taught me the expression: pigs get fed; hogs get slaughtered. Essentially, be agressive. But push too hard, and you may lose it all.

Some PA companies require their new hires to sign an agreement requiring them to arbitrate any claims that arise out of the employment relationship. The U.S. Supreme Court has held that agreements requiring employees to arbitrate employment-related claims are ok. However, in Pennsylvania (as in other states), when those agreements are too one-sided, courts deem them unconscionable and, therefore, unenforceable.

So remember, pigs get fed; hogs get slaughtered. And thanks to a decision the Third Circuit Court of Appeals handed down yesterday, PA employers now have a better blueprint as to how to avoid unconscionable arbitration agreements. Details after the jump…

* * *

Continue reading

| by

Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony job flyer handed out by two men in red blazers posing as Chick-Fil-A employees [link to video] on the campus of New York University. The phony flyer states:

Remember Chick-Fil-A is a Christian company. We strive to have our values reflected in our employees. Please be prepared to discuss your religion, family history, personal relationships etc. upon interviewing. Chick-Fil-A reserves the right to question, in detail, your sexual relationship history. The Bible and Chick-Fil-A, define a traditional relationship as consisting of a man and woman. Anyone living a life of sin need not apply. The Chick-Fil-A Foundation. God, Family, Tradition.

The flyer and video have since gone viral. However, Chick-Fil-A, which has a stated corporate purpose to “glorify God by being a faithful steward of all that is entrusted to us,” responded by posting on the wall of its Facebook Fan page (incidentally, 4,960,921 people “like” Chick-fil-A) that the flyer and video were BS. Given the company’s religious leanings, the comments beneath Chick-Fil-A’s status update are rather polarizing.

Continue reading

| by

Peyton ManningBecause it’ll cost you your job.

Dale Gibson of The Triangle Business Journal reports here that a waiter at The Angus Barn in Raleigh, NC posted on the internet a copy of Peyton Manning’s credit card receipt from a recent dinner there. Manning may not have a job, but he tips like a boss! Not like Mr. Pink. (Go to YouTube and search for “Reservoir Dogs – Tipping Scene” — you’ll find a number of hysterical, albeit completely NSFW videos about tipping etiquette).

Continue reading
“Doing What’s Right – Not Just What’s Legal”
Contact Information

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2026, Eric B. Meyer
| All Rights Reserved Worldwide.
JUSTIA Law Firm Blog Design