Jim Shrimp's Legal Insights
U.S. Supreme Court Further Defines Title VII Protection to Include LGBT
Yesterday, the Supreme Court, in a 6 to 3 decision, ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment against LGBT individuals. In a single day, millions of Americans were provided with protection under Title VII and employers must modify their conduct. Before June 15, 2020, the rights of […]
How the Families First Coronavirus Response Act Will Affect Local Business
The Act seeks to address the impact of coronavirus in a number of areas, but how will it affect employees, employers and their businesses in PA? On the night of Tuesday, March 17th, 2020, the President signed the Families First Coronavirus Response Act. It was passed by Congress in hopes that it will assist Americans, […]
Can I Collect Unemployment Compensation During the Coronavirus Pandemic?
If you meet one of the following employment statuses, you may be eligible for unemployment compensation in Pennsylvania. Both employees and employers are trying to navigate the unprecedented measures being implemented by the government to attempt to slow the spread of the COVID-19 virus (Coronavirus). With many businesses being forced to close or alter operations, […]
What is a "Joint Employer?" The U.S. Department of Labor Clarifies
Being designated as a joint employer can have far-reaching ramifications per the FLSA. If you are the owner of a business or franchise that: has multiple locations utilizes contract labor shares employees with another related employer This matters to you, namely, multiple employers can be liable for one employee under the Fair Labor Standards Act […]
FUCT at the Trademark Office – Not So Fast!
On Monday, June 24, 2019 the United States Supreme Court ruled that FUCT branded clothing was entitled to trademark protection. In so doing, the Supreme Court struck down a long standing Disparagement Clause of the Lanham Act (AKA the Trademark Act) that banned registration of proposed trademarks that are scandalous or immoral. Hopefully you have […]
Update on the Philadelphia Wage Equity Ordinance
The Ordinance On January 23, 2017, the Philadelphia Wage Equity Ordinance (“Ordinance”) was signed by the Mayor. The Ordinance made it unlawful for any business that employs individuals in the City of Philadelphia to (1) inquire about a job applicant’s wage history (“Inquiry Provision”); or (2) to rely upon wage history information in determining a […]
Franchisees – Things to Watch Out for in 2018
Increased ICE Enforcement As many of you have probably read about already, on January 10, 2018, Immigration and Customs Enforcement (“ICE”) performed raids at over 100 7-Eleven convenience stores checking on the immigration status of those stores’ employees. After the raids, Acting ICE Director Thomas Homan cautioned employers that “today’s actions send a strong message […]
Protests and Discipline in the Private Workplace: It’s More Complicated than a Tweet
October 17, 2017 By James B. Shrimp On September 23, 2017, at a purported campaign rally for Senator Luther Strange, President Trump made the following extemporaneous comments regarding the National Football League, its owners, and its players: Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get […]
Hey Boss, Give Me the Tips I Earned! Not So Fast.
August 8, 2017 By James B. Shrimp There is a common misconception that an employee that works for tips – e.g., restaurant and hotel workers - are always entitled to the tips they earn. However, this is not true if the employer pays you at least minimum wage. Legal Background The Fair Labor Standards Act […]
Compensatory Time Coming to a Private Employer Near You?
May 10, 2017 By James B. Shrimp Last week the U.S. House of Representatives passed House Resolution 1180, entitled the Working Families Flexibility Act of 2017 (“WFFA”). Consideration of the WFFA is now onto the Senate. The WFFA will amend the Fair Labor Standards Act to permit an employer, at the employer’s option, to provide […]