I’m a management-side employment lawyer. It’s my job to go to court and defend employers and executives accused of all different types of misconduct, including sexual harassment. Over the last 20 years, I have seen it all. Some of my cases involve relatively tame allegations, like telling dirty jokes around the watercooler. And I have also been involved with cases involving extremely serious accusations, including indecent exposure, unwanted touching, and sexual assault. I spent a fair amount of time watching the Kavanaugh hearings. Like everyone else I know, I have a strong opinion on whether or not the nomination should be approved, but I did not write this article to share my personal opinions. There are enough political commentators on cable news shows doing that already. From an employment litigation and human resources perspective, there are several important lessons to be learned.
Join us for our 10th Annual Labor & Employment Law Seminar where our attorneys will lead interactive discussions on the latest issues impacting your business.
8:00 AM-12:00 PM
|Thursday, April 26, 2018
The Omni William Penn Hotel
530 William Penn Place
Pittsburgh, PA 15219
|Thursday, May 3, 2018
Hershey Country Club
1000 East Derry Road
Hershey, PA 17033
|Thursday, May 10, 2018
The Franklin Institute
222 North 20th Street
Philadelphia, PA 19103
Cost: No Charge
CLE & CPE credits available
Breastfeeding is now a protected act and category under New Jersey’s Law Against Discrimination (“NJLAD”). Employers are prohibited from discriminating against an employee in compensation, hiring, or firing because they breastfeed. This is a pivotal amendment to New Jersey’s civil rights law as it applies, unlike the similar federal law, to employers regardless of size (the federal counterpart is applicable only to employers with 50 or more employees). Continue Reading Breastfeeding Discrimination Banned by Pivotal Amendment to NJLAD
Last month a bill was introduced to the New Jersey State Assembly (A-5287) by Assemblymen John McKeon (Essex and Morris) and Jon Bramnick (Morris, Somerset, and Union) that would bar provisions in employment contracts that waive any substantive or procedural rights or remedies. The bill also seeks to prohibit agreements that conceal any details relating to discrimination claims. Continue Reading A Response to the #MeToo Movement: NJ Bill Tightens Position on Employment Agreements
For employers, the tide is making its long awaited turn in our nation’s capital at the National Labor Relations Board (“NLRB”). Last week, the NLRB reversed precedent on four significant rules that were widely viewed as favorable to unions and a proverbial thorn in the side of employers and the business community. Here is a snapshot of last week’s activity: Continue Reading ‘Tis the Season for Employers: NLRB Reverses Course with Four Key Rulings
This article was originally published in the 2017 edition of the Utility and Transportation Contractor Association’s Magazine.
If you are a union contractor, you are probably making contributions into one or more union pension funds every month. These pension funds, known as multi-employer pension plans (MEPs), rely on a number of employers paying their share toward a common fund. Notably, because of the nature of these pension plans, many (if not all) of them are underfunded and do not presently have enough assets to cover their expectant liabilities. However, despite underfunding, employees are still entitled to their full pension benefits. But who is responsible for this unfunded amount, and what happens if you exit the fund? Continue Reading What Every Contractor Needs to Know About Withdrawal Liability
We are pleased to announce that eleven Cohen Seglias attorneys were selected to this year’s Pennsylvania Super Lawyers list and eight attorneys to the Pennsylvania Rising Stars list in the areas of Construction Litigation, Government Contracts, Employment & Labor, and Employment Litigation: Defense. The Super Lawyers list recognizes no more than 5 percent of attorneys in each state, and no more than 2.5 percent in each state for the Rising Stars list.
Continue Reading Cohen Seglias Attorneys Selected to the 2017 Pennsylvania Super Lawyers List
On January 23, 2017, Philadelphia Mayor Jim Kenney signed into law a wage equity ordinance that makes it unlawful for an employer in the city of Philadelphia to ask about the wage history of a prospective employee at any stage of the hiring process. Under the new law, an employer may not condition employment on the job candidate’s disclosure of their wage history (which includes fringe benefits) or refuse to hire a candidate because of their refusal to respond to an inquiry about their past wages. The ordinance also prohibits employers from relying on a candidate’s wage history in order to determine the amount that it will offer a candidate unless the candidate has “knowingly and willingly” disclosed such information to the employer during the hiring process. Continue Reading Philadelphia Becomes First City to Prohibit Employers from Inquiring About Prospective Employees’ Past Earnings
On November 21, 2016, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor’s new overtime rule, which sought to expand the obligations of employers to pay overtime by, among other things, doubling the minimum salary threshold for the “white-collar” exemption under the FLSA. The decision brings relief to employers who were bracing themselves for the rule’s December 1, 2016 effective date. Continue Reading Federal Judge Blocks DOL Overtime Rule
In a recent U.S. Supreme Court case about pregnancy discrimination, Justice Breyer asked: “Why, when the employer accommodated so many, could it not accommodate pregnant women as well?” As an employer, that is a question you should now be asking when preparing, reviewing, or updating your company’s accommodation policies.
Many employers have policies and practices to ensure accommodation of disabled workers or those with temporary injuries or disabilities. However, employers may be overlooking their legal obligations to accommodate another group of workers: pregnant women who have pregnancy-related work limitations. Continue Reading Does your Employee Handbook stand up to the Supreme Court’s latest decision about accommodations for pregnant workers?