Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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Q. Some of our full-time employees have told us that they are looking for part-time jobs to make extra income. We’re worried about how this will affect their performance at our company. Can we prohibit them from working for other employers after-hours?

A new law amends the Pennsylvania Minimum Wage Law to bring it into line with the FLSA, which requires health care employers to pay overtime only if employees work more than eight hours in a day or 80 hours in a 14-day period.
Gov. Tom Corbett has signed legislation offering greater protection to service dogs that assist disabled people. Under the new legislation, dog owners whose dogs attack service dogs may be charged with a third-degree misdemeanor ...
A federal court has held that two doctors can sue over outrageous behavior in the operating room. Two Jewish anesthesiologists working for Aria Health can sue over another doctor’s be­­havior, which they allege caused them severe emotional distress.
By now, you have probably heard about the NLRB decision in Karl Knauz Motors, Inc. d/b/a Knauz BMW. On appeal, the NLRB agreed with the ruling of an administrative law judge  that Knauz BMW did not violate the National Labor Relations Act when it fired a salesman for making a derogatory post on Face­­book. However, employers shouldn’t take much comfort in the outcome.
The Fair Labor Standards Act is generally a fairly straightforward law—for most of the year. But winter weather—and the delays and closures that sometimes accompany it—can make wage-and-hour compliance more difficult.

Q. The animal care officers who work for us spend 80% of their time driving and responding to rescue calls via cellphone. Requiring them to pull off the road while talking on their phones wouldn’t work. Is there another way to limit our liability?

Q. One of our employees was on military leave for six months. He will be reinstated at the same pay and position. While he was gone, all employees in his department received a 4% pay raise in recognition for their hard work in the past year. Must we pay him that raise?

Good news after a potentially expansive decision on liability for commute-time accidents: The Court of Appeal of California has overturned a workers’ compensation award to an employee who was in an accident on his way to work a swapped shift.
Recent months have seen the NLRB take efforts to regulate employer activity in new and often unprecedented ways. Two recent attacks include challenges to “at-will” statements and disclaimers in employee handbooks and restrictions on an employer’s right to limit access to its property by off-duty employees.
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