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Articles by Benjamin Shechtman
Third Circuit Rules PTO Not Salary in Win For Employers | JD Supra
In a win for employers, on March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) does not constitute salary for purposes of the Fair Labor Standards Act (FLSA). The decision in Higgins et al. v. Bayada Home Health Care Inc.
Third Circuit Rules PTO Not Salary in Win For Employers
In a win for employers, on March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) does not constitute salary for purposes of the Fair Labor Standards Act (FLSA). The decision in Higgins et al. v. Bayada Home Health Care Inc.
NLRB Proposes New Joint Employer Standard, Requiring Mere “Indirect” Control | JD Supra
On September 6, 2022, the National Labor Relations Board (NLRB or Board) issued a Notice of Proposed Rulemaking (NPRM) that would significantly broaden the standard for determining whether two employers are joint employers under the National Labor Relations Act. The NPRM would overturn a Trump-era standard and add new uncertainty to an area of federal labor law that, in recent years, has changed with the political winds after decades-long consistency.
NLRB Strikes Down Tesla’s Dress Code Policy, Reaffirming Employees’ Right to Wear Labor Union Insignia at Work | JD Supra
On August 29, 2022, the National Labor Relations Board (NLRB or Board) reaffirmed employees’ right to don union insignia in the workplace and found that Tesla, Inc., the electric vehicle manufacturer, violated federal labor law by maintaining an ostensibly neutral dress code policy.
Pennsylvania Commonwealth Court Denies Medical Marijuana Accommodation for Nursing Student | JD Supra
In a first-of-its-kind decision issued on October 29, 2020, the Pennsylvania Commonwealth Court held that Pennsylvania’s Medical Marijuana Act (MMA) did not require a nursing school to accommodate a student’s use of medical marijuana under the Pennsylvania Human Relations Act (PHRA), the Pennsylvania Fair Educational Opportunities Act (PFEOA), or the MMA itself.
Good-Faith Defense Affirmed as to Claims Against Unions Representing Pennsylvania Public Employees | JD Supra
In an August 28, 2020, opinion, a sharply divided panel of the U.S. Court of Appeals for the Third Circuit joined a growing consensus of federal appellate courts in recognizing the good-faith defense to claims of restitution from unions for fair-share fees in the wake of Janus v. AFSCME Council 31, 138 S. Ct. 2448 (2018).
EEOC Issues Guidelines on COVID-19 Testing of Employees | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New Jersey Federal Court Finds That Employee Medical Marijuana Use Need Not Be Accommodated at Work | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Appeals Court Says #MeToo Shows Employee Delay In Sex Harassment May Be Reasonable
In a July 3, 2018 opinion based in part on the revelations of the #MeToo era, the U.S. Court of Appeals for the Third Circuit held that an employee’s failure to report sexual harassment over a period of several years was not per se unreasonable, and therefore did not preclude her sexual harassment claims from reaching a jury. The Third Circuit reversed the district court’s decision granting summary judgment to defendant Susquehanna County in the matter of Minarsky v.
Supreme Court Issues Janus Decision | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Third Circuit Reversal on Sexual Harassment Claim References Revelations of “Me-Too” Era | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
New Jersey Employment Law Updates: The Equal Pay Act and Paid Sick Leave Act | JD Supra
New Jersey recently enacted two important pieces of legislation that meaningfully alter the legal landscape for employers. These bills, which passed by overwhelming majorities in both the New Jersey Assembly and Senate and were signed with enthusiastic support from Governor Phil Murphy, signal a willingness throughout New Jersey government to expand workplace protections for employees.
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