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Third Circuit Upholds Philadelphia's Salary History Ban

The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional....more

New Jersey Hoteliers Required To Provide Panic Devices to Employees

Q: I operate a hotel in New Jersey and heard New Jersey law now requires me to provide panic devices to certain hotel employees. What do I need to know? ...more

Comments on Social Media about an Employee’s National Origin Could Lead to Allegations of Discrimination

Q: Over the summer, I saw that President Trump tweeted that four minority Democrat congresswomen should “go back” to where they came from. What Human Resources lessons can be learned from the President’s tweet?...more

New DOL Overtime Rule Takes Effect on January 1, 2020

On September 24 — more than five years after the Obama administration first proposed updating the overtime regulations of the Fair Labor Standards Act (FLSA) — the U.S. Department of Labor (DOL) released the final version of...more

Can Student-Workers Unionize? NLRB to Issue New Rules on the Question

In a significant development for private colleges and universities, the National Labor Relations Board (NLRB) announced that it intends to propose rules that would establish a “standard for determining whether students who...more

Hair Styles May Be Protected Under Discrimination Laws

Q: Is it lawful to require an employees or applicants to style their hair in a certain manner? A: As with most employment-related questions, the answer is it depends. ...more

Employers May Have to Accommodate Medical Marijuana Users Under Some State Laws

Q: Can my company refuse to hire or terminate an individual because the individual is a medical marijuana user? A: Not necessarily. ...more

Philadelphia Enacts Fair Workweek Ordinance

Q. Can you explain to me Philadelphia’s new Fair Workweek Ordinance? A. In late December 2018, Philadelphia Mayor Jim Kenney signed an Ordinance that will require large fast-food chains, retailers, and hotels to provide...more

Employers Must Utilize New Fair Credit Reporting Act (FCRA) Summary Of Rights Form

Q: My company uses a third-party vendor to conduct background checks on prospective employees.  We heard there is a new model for the “A Summary of Your Rights Under the Fair Credit Reporting Act” notice.  Should we be using...more

New Pa. Guidance Interprets Anti-Discrimination Law to Cover LGBT Individuals

In a significant development for Pennsylvania employers, the Pennsylvania Human Relations Commission (PHRC) has issued new guidance announcing that it takes the position that employment discrimination based on LGBT status is...more

Employer May Not Have Affirmative Defense to Harassment Claim even if Employee Fails to Report Harassment

Q: Does my company have an affirmative defense to a sexual harassment claim if the company has a policy for reporting sexual harassment and an employee never makes a report of sexual harassment under that policy? ...more

PAID Program Provides A Way To Resolve Overtime And Minimum Wage Violations

Q. I suspect that our company may have inadvertently committed overtime and minimum wage violations. Is there a way I can make this right without incurring substantial legal liability? ...more

Portion of Philadelphia Salary History Ban Ruled Unconstitutional

In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more

Single Ageist Comment May Be Insufficient To Sustain Age Discrimination Claim

Q.  If a supervisor makes a comment about an employee’s age, will the company be liable for age discrimination? A.  While ageist comments are never appropriate in the workplace, an Illinois federal court recently ruled...more

Maryland Paid Sick Leave Law Now In Effect

Q: I have employees working in Maryland. What do I need to know and do in order to comply with Maryland’s new paid sick leave law? A: The Maryland Healthy Working Family Act (the “Act”) went into effect on February 11,...more

U.S. Department Of Labor Endorses More Flexible Unpaid Intern Test

Q. Our company wants to establish an internship program and host student interns to work alongside our employees. Do we need to pay the interns? A. Possibly. Over the past few years, courts and the Department of Labor...more

An Early Holiday Gift to Employers: Newly Constituted NLRB Overturns Two Pro-Employee Decisions

On December 14, the Republican-majority National Labor Relations Board (NLRB) issued two employer-friendly decisions that reversed pro-employee rulings. In each 3-2 decision, the two Democratic members of the NLRB — Mark...more

Termination For Social Media Activity May Result In Unemployment Compensation Benefits

Q. Our Company just terminated an employee for a social media post that was in violation of our social media policy. Will she be entitled to unemployment compensation benefits? ...more

Paying Employees During Short Rest Breaks

Q: Do I need to pay non-exempt employees when they go on short rest breaks of 20 minutes or less? A: Yes. The United States Department of Labor (“DOL”) has long taken the position that when employers offer non-exempt...more

Paying Employees During A Shutdown Due To Natural Disasters And Inclement Weather

Q: Do I need to pay my employees if my company has closed or temporarily shut down operations due to a natural disaster or inclement weather? A: It depends. In the aftermath of Hurricanes Harvey and Irma, and in...more

Employers Not Required to Submit Pay Data or Follow Higher Salary Basis Threshold for Exempt Employees

Q.  What is the status of the EEOC’s requirement that we submit pay data with our annual EEO-1 Form?  Also, have there been any updates on the lawsuit blocking the DOL’s rule raising the salary basis for certain non-exempt...more

EEO-1 Form Changes Suspended; Obama Overtime Expansion Officially Invalidated

In the week leading up to Labor Day, two major employment law initiatives of former President Barack Obama’s Labor Department came to a halt. First, the White House Office of Management and Budget (OMB) put a stop to the...more

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