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What #metoo Means for Employers: Workplace Harassment in the Age of Awareness

This past Sunday, actress Alyssa Milano posted the following message on Twitter: Me too. Suggested by a friend: “If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ As a status, we might give people a sense of the magnitude of the problem.” Since Ms. Milano’s original tweet, the hashtag #metoo has been tr...

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Corporate Actors Held Individually Accountable in Recent False Claims Act Settlement

The Department of Justice (“DOJ”) has sent a clear message that individuals cannot hide behind the corporate shield in its recent settlement with Med-Fast Pharmacy, Inc. and the charges brought against its associated individuals and entities (“Med-Fast”). Under the agreement, which includes a $2.66 million payout by Med-Fast, the DOJ drop...

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Marital Property Versus Non-Marital Property

Absent a prenuptial agreement, the definition of marital property is an item acquired by either spouse during the course of the marriage. Therefore, any property that was purchased and/or owned by a spouse prior to the parties’ date of marriage would constitute pre-marital property and any property that was purchased after the parties’ da...

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Feats of Strength: EEOC sues CSX for Employee Strength Tests as Gender Discrimination Under Title VII

The EEOC recently filed suit against CSX Transportation, Inc. (“CSX”) in Federal Court in West Virginia, on behalf of a nationwide class of female employees.[1]  In the suit, the EEOC alleges that CSX’s policy of requiring employees and job applicants to pass certain physical strength tests in order to be eligible for certain positions...

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Employee Classification and the Gig Economy – Court Leaves the Door Open for “On-Call” Time for Uber Drivers

On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia (Rezak, et al. v. Uber Technologies). In their original Class Action Complaint filed in January of 2016, the drivers allege...

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Pennsylvania Child Support and Adjustments for Extra Expenses

Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. The state uses a formula to calculate the obligor’s share of basic child support. On top of the basic child support the court may make adjustments to the basic support obligation and may allocate between the parties the additional expenses. ...

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Wage and Hour Update: Third Circuit Clarifies Standard for Showing Willful Violations in FLSA Overtime Claims

The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the amount of unpaid overtime and liquidated (double) damages. The statute of limitations for FLSA claims is two years from the...

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Labor Law Update: Senate Confirms Emanuel to NLRB, 3-2 Republican Majority Signals Potential Changes on the Way

As covered earlier by HR Legalist, the Trump Administration was expected to make changes to labor and employment law through appointments to federal agencies, including the EEOC and the National Labor Relations Board (NLRB).  At the time of the election, the 5-member NLRB had only 3 seats filled (2 Democrats and 1 Republican), giving Mr. Trump...

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Temporary Worker Visa Update: USCIS Resumes Premium Processing for Cap-Subject H-1B Visas

On Monday, September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a news release announcing an immediate resumption of Premium Processing for all H-1B visa petitions subject to the fiscal year 2018 cap. As summarized previously by HR Legalist, the H-1B status allows U.S. employers to hire foreign workers in “specialty oc...

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Avoid Scams and Ensure Tax Deductions When Donating to Hurricane Relief

In the wake of Hurricanes Harvey and Irma, you may be looking to make a charitable donation to support relief efforts. With dozens of organizations accepting donations, it can be difficult to know (1) whether you are donating to a reputable organization and avoiding scams, and (2) if your donation will be tax-deductible. Continue Reading ...

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