As previously covered by HR Legalist, the National Labor Relations Board’s (“NLRB”) recent decision in McLaren v. Macomb ushered in a significant crackdown on non-disparagement and confidentiality provisions in employee...more
Thanks to a recent ruling by the Supreme Court of Pennsylvania, workers in the Commonwealth are now more likely to be considered “fair game” to other potential employers, even in the presence of an agreement otherwise between...more
On March 25, 2019, New Jersey lawmakers called off a vote on Senate Bill No. 2703 (Assembly Bill No. 4497) legalizing recreational marijuana (cannabis) (“Recreational Bill”). State Senate President Stephen Sweeney...more
Each New Year brings new laws, including employment laws and regulations that companies need to consider before the ball drops. In 2019, employers may see a few changes at the federal level, but most changes will be at the...more
12/28/2018
/ Call-In Pay ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Joint Employers ,
Marijuana ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Salary/Wage History ,
Sexual Harassment ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
If an employer plans to hire an employee who is currently working for another US employer on a temporary working visa (such as an H-1B visa for highly skilled employees), the existing H-1B visa can be transferred by filing a...more
On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against a Michigan...more
3/13/2018
/ Appeals ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
It’s been almost two weeks since Donald Trump was elected president, and information has been starting to emerge about his potential administration and policies. This week, HR Legalist examines some of the potential...more
11/21/2016
/ Affordable Care Act ,
Arbitration Agreements ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Hiring & Firing ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Sexual Orientation Discrimination ,
Sick Leave ,
Trump Administration ,
Wage and Hour
For reasons that are subject to debate, 4/20 has become known as a holiday for those who enjoy marijuana. However, over the course of many years, the face of “pot culture” has changed to include not only those lighting up...more
4/20/2016
/ Americans with Disabilities Act (ADA) ,
Drug Testing ,
Employment Policies ,
Governor Wolf ,
Hiring & Firing ,
Medical Marijuana ,
New Legislation ,
Off-Duty Employees ,
Popular ,
Reasonable Accommodation ,
Zero Tolerance Policies
Over the past five years, many cities, counties, and states have passed so-called “ban the box” laws – a trend that HR Legalist has been following in prior blog posts. In their most basic form, these laws require employers to...more
At first, employee social media use sounds like a matter of common sense. Candidates for a job should be careful what they post on social media sites, and make sure they’re not sharing any unsavory details about their past...more
10/15/2015
/ Business Disparagement ,
Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Facebook ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Legal Recruiting ,
LinkedIn ,
Popular ,
Social Media Account Ownership ,
Social Media Policy ,
Social Networks
On August 12, 2015, the Third Circuit Court of Appeals issued a precedential opinion in Jones v. SEPTA, a discrimination and retaliation claim brought by a former employee of the Philadelphia-area transit agency. The Third...more
8/21/2015
/ Appeals ,
Cat's Paw ,
Discrimination ,
Employer Liability Issues ,
Fraud ,
Gender Discrimination ,
Hiring & Firing ,
Internal Investigations ,
Retaliation ,
Termination ,
Title VII
Federal law and most state laws protect employees who complain about discrimination and harassment from retaliatory adverse employment actions (such as demotion or termination). Because retaliation claims can succeed even...more
5/29/2015
/ Burden-Shifting ,
But For Causation ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hiring & Firing ,
McDonnell Douglas Formula ,
Nassar ,
Retaliation ,
UT Southwestern Medical v Nassar ,
Wrongful Termination
Now that the New Year has arrived, employers in New Jersey and New York should be aware of several new state employment laws that will take effect in 2014.
...more