Publications

Minimum Wage. On January 1, New Jersey’s minimum wage rose to $14.13 per hour ($5.26 for tipped employees). Pennsylvania’s minimum remains at the federal level, $7.25 per hour (although few jobs pay that low anymore). And in New York, the minimum hourly wage is $14.20 statewide, but $15 in New York City and some of […]

When an employee of the Killeen Daily Herald in Texas experienced a flea infestation at her desk due to a co-worker’s cat, she first reported it to newspaper management and then – not satisfied with the response – complained to the Occupational Safety and Health Administration (OSHA). The newspaper apparently wanted to show its claws

When an in-house lawyer for Lockheed Martin attached some of the company’s attorney-client privileged documents to her filings to support her charge of race discrimination and retaliation with the U.S. Equal Employment Opportunity Commission (EEOC), the company concluded she had engaged in misconduct so egregious and unethical that it fired her for cause. Decisions from

Washington, D.C.’s new “Ban on Non-Compete Agreements Amendment Act” took effect October 1 for employers with employees in the District. The amended law provides exceptions for “highly compensated employees” (generally those who earn more than $150,000 per year), requires specific notice to employees who are subject to non-compete restrictions, and contains numerous changes and exceptions

Domo Arigato, NY Limits Mr. Roboto. New York City has passed a new law to restrict employers from using artificial intelligence (“AI”) to make employment decisions in the City, effective January 1, 2023. Apparently, this is a problem that needed a legislative solution. In Philadelphia, we still think AI refers to Allen Iverson, but apparently

Favorite Irish rocker Sinead O’Connor had a beautiful hit in 1990 with “Nothing Compares 2 U“. But Sinead missed the deeper truth that comparing people can be beneficial in employment law. For example, when an employee engages in misconduct and the boss wants to terminate the relationship, a key data point is finding out whether

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released an updated poster, “Know Your Rights: Workplace Discrimination is Illegal,” that covered employers are required to prominently display in the workplace. The new poster is available here. The biggest substantive change is the new poster’s statement that sex discrimination can also encompass pregnancy and related

Employers May Need to Accommodate Use of CBD Oil. More and more often, employees who test positive for marijuana – in violation of company policies – are claiming that it must be a false positive due to their use of CBD oil (a non-psychoactive hemp-based product). Blue Cross & Blue Shield of Florida, Inc., recently

Hot Flash of Inspiration – Menopause Policy. The London-based law firm Linklaters has adopted a new “global menopause policy” as part of its commitment to diversity, equity, and inclusion. The new policy includes expanding the firm’s menopause support group, introducing an e-learning module for managers, and generally enhancing support and awareness efforts for those experiencing

HR Manager Prevails on Retaliation Appeal – Involving Prior Employer. Imagine how a plant manager might feel upon learning that the plant’s human resources manager is testifying against her former employer and in support of employees who are suing for discrimination. Might that raise concerns about bias, trust, and confidence in the human resource manager?