Employment Law
Pay Me Now... or Pay Me (Much More) Later!
When an employment relationship ends – whether by termination or resignation – employers must be aware of their obligation to pay any wages then due and owing, or be prepared to suffer the substantial consequences. Under Pennsylvania’s Wage Payment and Collection Law (“WPCL”) 43 P.S. §260.1 et seq., an employer who wrongfully withholds wages from […]
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 […]
It is a Violation of Federal Law for an Employer to Require an Employee to take a Polygraph…No Lie!
It is a Violation of Federal Law for an Employer to Require an Employee to take a Polygraph…No Lie! August 29, 2017 By Eric G. Marttila Nearly 30 years ago, on June 27, 1988, President Ronald Reagan signed the Employee Polygraph Protection Act (EPPA or Act). The Senate Report, which led to the law’s enactment, […]
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 […]
Child Care Workers’ Challenge to Firing for Reporting Abuse
July 25, 2017 By Thomas D. Rees, Esq. On May 23, 2017, the Pennsylvania Superior Court issued an important employment law decision, affecting everyone who works with children. In Krolczyk v. Goddard Systems, Inc., ___ A.3d ___, 2017 WL 2255554 (Pa. Super. May 23, 2017), the Court allowed ex-employees to sue for wrongful discharge after […]
Can a Potential Employer ask about Salary History?
July 11, 2017 Searching for a job is often a stressful and exhausting process. Applicants often find themselves filling out application after application and crossing their fingers for a call back. Perhaps one of the most daunting questions, despite its relatively straight forward nature, is the dreaded question requesting salary at the applicants last job. […]
Second Circuit Upholds NLRB’s Reinstatement of Employee Who Posted Profane Blog About Boss’s Mother
June 27, 2017 By Thomas D. Rees Two years ago, I blogged about a National Labor Relations Board decision restoring an employee’s job after the employee posted a profane blog about his supervisor’s mother- “Can You Insult Your Boss’s Mother at Work and Avoid Dismissal? Maybe so!” After a recent Second Circuit decision, we can […]
Cutting the Ties: What You Need to Know About Severance Agreements
June 13, 2017 Separating from an employer, even in the best of circumstances, can be a stressful transition. When the separation stems from a termination or layoff, however, the unexpected nature of the transition only serves to amplify the stress. It is at this highly stressful time that you may be faced with the decision […]
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 […]
Sexual Orientation Discrimination: The Legal Jumble
April 5, 2017 By James Shrimp Imagine getting married, legally, on Saturday and then getting terminated by your employer on Monday because of who you married? For members of the LGBT community that is a possibility for which currently there is no, or very limited, legal recourse. But the tide may slowly be changing. On […]