Published: December 12, 2018

Pennsylvania’s highest court recently issued a major decision that impacts employers and their storage of sensitive employee information in two important ways. First, the court imposed a new duty on employers to use reasonable care in safeguarding sensitive employee personal information stored on its systems. Second, if an employer breaches that duty and the information is hacked, the employees can recover monetary damages.

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Published: December 7, 2018

It is now December, which means that holiday parties are on the horizon for many employers. As the celebrations are just around the corner, consider the following tips to ensure that no lawsuits appear under the tree this year.

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Published: November 19, 2018

On November 8, 2018, the Department of Labor (DOL) issued an Opinion Letter eliminating the “80/20” rule for tipped employees.  Under the Fair Labor Standards Act (FLSA), employers may pay tipped employees reduced wages and claim a tip credit to make up the difference between the reduced cash wage and the federal minimum wage. See 29 U.S.C. § 203.  An employee is “tipped” when he or she is “engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips.” Id. 

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Published: October 4, 2018

According to a new amendment to New York City Human Rights Law (NYCHRL) that goes into effect Oct. 15, 2018, NYC employers must engage in cooperative dialogue and issue a written determination every time an employee requests a reasonable accommodation in the workplace.  

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Published: September 20, 2018

On Sept. 18, 2018, the Ninth Circuit Court of Appeals, in an en banc ruling, reversed the district courts' dismissals of various actions under the Fair Labor Standards Act ("FLSA") concerning tip credits and wages for servers and bartenders. See Marsh v. J. Alexander's LLC, No. 15-15791 (9th Cir. Sept. 18, 2018).

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Published: September 19, 2018

In August of 2017, the U.S. District Court for the District of Connecticut made news when it ruled that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses medical marijuana.  Now court has entered summary judgment in the same case in favor of the plaintiff, finding that a federal contractor discriminated against a job applicant in violation of Connecticut’s Palliative Use of Marijuana Act ("PUMA") by refusing to hire a medical marijuana user.  

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Published: August 30, 2018

On Aug. 24, 2018, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded the district court's decision in favor of the employee in the case of Linda Rowlands v. United Parcel Service-Fort Wayne, No. 17-3281 (7th Cir. Aug. 24, 2018).  Among other things, the Seventh Circuit held that the ex-employee presented enough evidence for a jury to decide whether United Parcel Service (UPS) illegally ignored her request for a disability accommodation and wrongly terminated her for seeking that accommodation.

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