Can a man claim pregnancy discrimination? A man, baby!

Austin Powers, Eric? Yeah, sorry. I’m all tapped out after yesterday’s fantasy football spectacular. So, pregnancy-discrimination, eh? The facts in Estate of Andrew Tyler Pennington v. Southern Motion, Inc. (opinion here) are rather straightforward. Mr. Pennington worked for Southern Motion, Inc. According to the plaintiff, shortly before Mr. Pennington’s employment with Southern Motion began, Mr. Pennington learned that…

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Promoting a new business on Facebook could violate a non-competition agreement. Who knew?

Actually, pretty much everyone.That includes, most importantly, the relevant portion of the three-judge Pennsylvania Superior Court panel in this recent opinion. The case, Joseph v. O’Laughlin, doesn’t involve an employment relationship. Rather, the plaintiff and defendant entered into an asset purchase agreement, which included a covenant not to compete. Among other things, after the parties…

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Your company’s generous parental leave benefits could actually trigger a discrimination lawsuit

Just before the Labor Day weekend, I blogged here about an Americans with Disabilities Act complaint filed in federal court by the U.S. Equal Employment Opportunity Commission that should have employers scrutinizing their leave policies and procedures. Today, I’ve got news of another EEOC lawsuit filed in my backyard in the Eastern District of Pennsylvania. As I…

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You can safely file the new proposed EEO-1 in File 13

Yep, throw it in the trash and cue the music. Noddin’ my head like, yeah… Yesterday, both Jacqueline Thomsen at The Hill (here) and Ted Mann at The Wall Street Journal (here) that the proposed EEO-1, which would have made your head spin with all the additional information to be collected, is now on ice. The White…

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If you own a restaurant, and pay servers more than minimum wage, can you keep customer tips?

A few years back, some progressive (?) restaurants around the country made headlines by paying their waitstaff more than minimum wage and putting the kibosh on customer tips. This broke with the traditional way of paying customarily-tipped employees in scratch offs and iced animal crackers. That is, most employers would pay the minimum-required cash wage of $2.13 under…

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I’ve got two FREE HR-compliance seminars next month to help you address an aging workforce

As we celebrate the 50th anniversary of the Age Discrimination Employment Act (ADEA), the U.S. Equal Employment Opportunity Commission is determined to make the ADEA “more relevant than ever.” Translation: If your workplace doesn’t get its act together soon, come 2018, you’re gonna be like this if the agency or a plaintiff’s lawyer comes calling. Fortunately,…

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