A Capehart Scatchard Blog

Court Finds that Complaint to Supervisor about Overtime is Considered Protected Conduct under the Fair Labor Standards Act

By on May 20, 2016 in Uncategorized with 0 Comments

The Fair Labor Standards Act (“FLSA”) is the federal wage and hour law and due to its complexity, employers often have questions as to what protections this law provides to employees in the workplace. In Childs v. Universal Cos.,no. 15-3507, 2016 U.S. Dist. Lexis 53929 (E.D.Pa April 22, 2016), a recent case from the United […]

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Chipotle in Trouble Again: Can I Tell My Employee to Delete His Posts on Social Media?

By on March 30, 2016 in Privacy with 0 Comments

The Facts James Kennedy was a crew member at the Havertown, Pennsylvania Chipotle restaurant.  On January 28, 2015, Kennedy posted two tweets regarding working conditions of Chipotle employees.  One of the tweets included a news article about hourly employees being required to work on snow days, when other workers were allowed the day off. The […]

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Gender Pay Equality: Prepare for Change

By on March 8, 2016 in Uncategorized with 0 Comments

Coauthored by Carmen Saginario, Jr., Esq. and Bruce L. Harrison, Esq. Recent actions at both the federal and state level demonstrate an increased political urgency about addressing perceived gender pay inequality.  This development was highlighted on January 29, 2016 when the EEOC announced a proposal that the EEO-1 form, completed and filed annually by firms […]

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Access to Personnel Files in Pennsylvania and New Jersey

By on February 23, 2016 in Privacy with 0 Comments

You have just terminated your most problematic and least productive employee. The employee leaves the premises immediately after his termination but then returns a few hours later with a request. He wants to review his personnel file. As an employer that terminated this employee just a few short hours ago, are you required by law […]

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Can You Enforce Your Arbitration Clause?

By on February 11, 2016 in Arbitration with 0 Comments

The odds are that your company has an employee handbook that governs the workplace.  You also most likely (hopefully) have a clause in your handbook indicating that the handbook does not create a contract between the employer and employee and the terms of the handbook can be changed at any time without notice to the […]

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Discipline and the FMLA

By on January 28, 2016 in Discipline with 0 Comments

“Can I discipline an employee who takes FMLA?” By now, most employers with 50 or more employees are well aware that the Federal Family Medical Leave Act requires them to provide up to 12 weeks of unpaid, job-protected leave to eligible employees who have a serious health condition that renders the employee unable to perform […]

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NLRB Strikes Again!

By on January 8, 2016 in Uncategorized with 0 Comments

As many of you know, the NLRB has been incredibly active over the past several years in getting its message across to employees that the NLRA protects their concerted workplace activities even where the employee does not work in an already unionized work setting.  Such efforts will likely continue, especially after a prominent federal circuit […]

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Am I Responsible If My Temporary Employee Alleges Discrimination?

Most employers are aware that they can be held liable for violating Title VII if an employee claims that he/she was discriminated against in the workplace. What happens if a temporary employee (someone assigned to a company by a staffing agency) alleges that he/she was discriminated against while assigned to the employer’s place of business?  […]

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My Employee Complained… Now What?

By on December 1, 2015 in Uncategorized with 0 Comments

After an employee files a complaint within the workplace, many employers are concerned that they are no longer allowed to take any disciplinary action against that employee in the future.  This is due to the employer’s fear that the employee will file a retaliation claim.  This fear is not unfounded, but there are ways to […]

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