In October 2017, more than 60 women in the film industry alleged that they were sexually harassed or assaulted by Harvey Weinstein dating back to three decades prior. According to reports, Weinstein would invite young actresses or models into his office or hotel room on the pretext of discussing their careers, but the meetings would then turn to sexual harassment or assault. How could something … [Read more...] about What Did Harvey Weinstein Teach Employers? Harassment Policies Must Be Effective In Encouraging Timely Reporting
EPELog
Third Circuit Court of Appeals Provides Helpful Reminder About FLSA and Short Breaks for Hourly Employees
The Third Circuit has issued an opinion that reminds employers that breaks of less than 20 minutes are still counted as working hours, for which an employee must be paid, under the Fair Labor Standards Act (“FMLA”). In the case of Dept. of Labor v. American Furniture Systems, Inc., employees were required to log off their computers or would automatically be logged off for times they were not … [Read more...] about Third Circuit Court of Appeals Provides Helpful Reminder About FLSA and Short Breaks for Hourly Employees
Grief and the Law: How To Return To Work When Coping With Loss
October is Pregnancy and Infant Loss Awareness Month. After the death of a child or the loss of a pregnancy, undoubtedly, you will grieve. People react differently to a death of a child. It takes time to resume a normal life, and some may struggle. Family members and friends will reach out to console a grieving parent, but you may feel alone when it comes to trying to return to work after your … [Read more...] about Grief and the Law: How To Return To Work When Coping With Loss
Be Sure That When You Settle a Case, You Know What You Have Settled
In an interesting case from the Third Circuit Court of Appeals, which covers Pennsylvania, New Jersey, and Delaware, the court found that settlement of a workers’ compensation claim did not waive claims on the part of the employee for violations under FMLA or under Pennsylvania common law. In the case of Zuber v. Boscov’s, No 16-3217 (3d Cir., Sept. 11, 2017) an employee was hurt at work and filed … [Read more...] about Be Sure That When You Settle a Case, You Know What You Have Settled
The Law May Have Become a Little Less Hazy on Medical Marijuana and Employees
As I wrote last month, the courts around the country are increasingly addressing cases on how to apply various state medical marijuana laws in the employment context, and such cases are likely a foreshadowing of what we can expect in Pennsylvania. A case out of Connecticut this past week, which has a state statute that is in substance identical to Pennsylvania’s Medical Marijuana Act on the issue … [Read more...] about The Law May Have Become a Little Less Hazy on Medical Marijuana and Employees
Good News, Employers: Pennsylvania’s Commonwealth Court Clarifies Some Flexibility in the Employee/Independent Contractor Distinction
Just this Tuesday, August 1, 2017, the Pennsylvania Commonwealth Court decided that the rigorous elements of the Construction Workplace Misclassification Act (CWMA) could not be applied to the common law determination of whether someone is a contractor or an employee. What is the difference between the CMWA and the common law? The CWMA has a checklist of criteria that must be met for a … [Read more...] about Good News, Employers: Pennsylvania’s Commonwealth Court Clarifies Some Flexibility in the Employee/Independent Contractor Distinction
