The Employment Law Counselor

On August 16, 2023, the Court of Appeals for the Third Circuit clarified the test courts should use when determining whether workplace uniforms or safety gear are integral and indispensable to an employee's principal activities of employment, and therefore, whether time spent donning and doffing should be compensable under the federal Fair Labor Standards Act (FLSA).Tyger v. Precision Drilling Corp., No. 22-1613, __ F.4th __ (3d Cir., August 16, 2023). The court reversed the District Court for the Middle District of Pennsylvania, which had relied on the Second Circuit’s ... Continue Reading

On August 30, 2023, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would affect certain exemptions with respect to the Fair Labor Standards Act (FLSA) minimum wage and overtime requirements.

Under the FLSA, employees who are not specifically exempt, must receive pay for hours worked in excess of 40 hours in a workweek at a rate not less than one and one-half their regular rate of pay. The proposed rule substantially revises the salary threshold applicable to executive, administrative, and professional (EAP) employees, as well as “highly ... Continue Reading

In the newest episode of the Employment Law Counselor hosted by Jeff Stewart in collaboration with Professional Liability Underwriting Society, John Baker, Attorney, joins the chat titled “Retaliation Claims are on the Rise. Jeff and John cover various instances of retaliation complaints and provisions, while also presenting examples of protected activity of employees and adverse employment actions and consequences.

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On July 3, 2023, the Chica Project, African Community Economic Development of New England (ACEDONE), and Greater Boston Latino Network (GBLN) (collectively the “Complainants”) filed a civil rights Complaint with the Department of Education alleging that Harvard College’s (“Harvard”) continued use of “Donor and Legacy Preferences” violates Title VI of the Civil Rights Act of 1964 (“Title VI”). The Complainants argue that the Donor and Legacy admission preferences are not necessary to achieve an important educational goal and have a “significant” ... Continue Reading

The EEOC is responsible for administering a number of employment laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and others. Those statutes require potential plaintiffs to file a charge with the EEOC (or state equivalent) before going to court and filing a lawsuit.

Each year, the EEOC releases statistics on all of the charges it receives. Given that lawsuits are generally filed a year after the EEOC charge is filed, these statistics provide an insight into areas that employers will be ... Continue Reading

On June 12, a federal jury in Camden, New Jersey returned a verdict in favor of Shannon Phillips, a white Starbucks Regional Director who claimed that she was terminated from her management level position on the basis of her race. Phillips claimed that after media coverage of the arrests of two black customers who were sitting in a Philadelphia Starbucks store, she was directed to suspend a white District Manager with no connection to the Philadelphia store, based on alleged discriminatory conduct. Phillips claimed that she informed Starbucks supervisors that the race-based ... Continue Reading

Listen now to the newest episode of The Employment Law Counselor, Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society. Two new laws – the PUMP Act and the Pregnancy Worker Fairness Act – have recently been passed and put new requirements on employers.  In this episode, host Jeff Stewart is joined by Tanya Salgado, and they dive into what employers must do to comply with these new laws and what policies will need to be updated.

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On December 29, 2022, President Biden signed the PUMP for Nursing Mothers Act and Pregnant Workers Fairness Act (“PWFA” or “Act”) into law. The PWFA requires “covered employers” to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”

The Act applies only to accommodations, and does not replace federal, state, or local laws that provide greater protections to workers affected by pregnancy, childbirth ... Continue Reading

Listen now to hear the newest episode of The Employment Law Counselor, Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society. Partner Ryan Warden joins Jeff to discuss the recent explosion in wage and hour claims over the past few years in this week's episode titled "Wage Claims Are On The Rise, But Are They Covered?" Jeff and Ryan cover common issues, including minimum wage violations, unpaid overtime claims and wage and hour class actions.

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