The Employment Law Counselor

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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The Employment Law Counselor hosted by Jeff Stewart is launching the first episode of its new season in collaboration with Professional Liability Underwriting Society. In this episode, Partner Jeff Stewart is joined by Jim Anelli, Partner and Chair of the Labor and Employment Group at White and Williams, for a conversation diving into how companies can avoid liability in layoff situations.

Check out more episodes of The Employment Law Counselor Podcast.

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On January 5, 2023, the Federal Trade Commission released a Notice of Proposed Rulemaking to prohibit employers from entering into non-compete clauses with workers and require employers to rescind existing non-compete clauses. Proponents argue that non-compete clauses hold American workers “hostage” by keeping wages low and suppressing new businesses and innovation.

Dissenters, on the other hand, contend that, “the proposed rule is a radical departure from hundreds of years of legal precedent that employs a fact specific inquiry into whether a non-compete clause is ... Continue Reading

The Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standard (ETS) regulations on November 4, 2021, that will affect most employers in the United States. In brief, by December 5, 2021, all unvaccinated employees of businesses with 100 or more employees (the calculation is firm/corporate level, NOT per location) must wear masks indoors (including in a vehicle with another person for work purposes). By January 4, 2022, all businesses with 100 or more employees must ensure employees are fully vaccinated or subject to regular testing at least weekly (which can be at the employee’s own expense, though collective bargaining agreements may require employers to pay for such tests). The new regulations are expected to cover more than 80 million employees.Continue Reading

One of the more challenging issues for employers seeking to roll out mandatory COVID-19 vaccination policies has been the administration of requests for religious accommodations. Just before the new OSHA Emergency Temporary Standard regarding mandatory COVID-19 vaccination or weekly testing was announced, the EEOC issued a new update to its Technical Assistance on COVID-19 that provides guidance and assistance on the thorny issue of religious accommodations to mandatory COVID-19 vaccination requirements.Continue Reading

Employers are getting desperate to find employees, so much so that they are foregoing some of the requirements that they used to have for positions. In some cases, instead of seeking applicants with past experience, employers are training new hires.Continue Reading