Blogs / Events / Articles / News

Omarosa's NDA Battle -- Confidentiality and Context in the Workplace

The business world has much more to learn from the Omarosa Manigault White House battle than just fashionable workplace attire and a flair for the dramatic. The battle between the White House and Omarosa over the scope of her disclosures brings the issue of Non-Disclosure Agreements (NDA), and their efficacy and enforceability to the forefront.  E...

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Non-Compete Agreements and H-1B Visa Workers

Some employers require employees to enter into non-competition agreements at the time of hire, preventing them from competing with their employer during employment and during a certain time period after their employment ends. Non-compete agreements are often presented to employees with access to intellectual property, trade secrets, customer li...

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Jeffrey Cadle Authors Law360 Expert Analysis on Fluctuating Workweek in Pennsylvania

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HR LEGALIST LIVE PRESENTS: Supreme Court Update In Brief and Wage and Hour Trends and Tips

Obermayer and the Center City Proprietors Association will be hosting the third installment of their quarterly "HR Legalist Live" event series.  Join Obermayer's labor and employment attorneys for a summertime update covering the following topics:   What the Supreme Court's recent rulings on arbitration agreements, LGBTQ rights, and la...

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Pennsylvania Supreme Court to Review Fluctuating Workweek Method for Overtime Compensation

The fluctuating workweek (FWW) method is a way for employers to calculate overtime pay for salaried employees who are eligible for overtime pay, but whose working hours fluctuate each week.  The FWW method has two components that reduce the amount of overtime payments due to eligible employees: (1) the “regular rate” used to compensate the...

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Supreme Court Rules Against Public Sector Unions, Disallows “Fair Share” Fees for Public Employees

Today the Supreme Court ruled, in a 5-4 decision, that public sector employees who are not members of a union cannot be forced to pay union fees covering the costs of collective bargaining (Janus v. AFSCME).  In doing so, the Court overruled a 1977 case that allowed these so-called “agency fees,” and held that these fees violated the free ...

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New Jersey Employers Should Prepare for New Equal Pay Law Effective July 2018

Earlier this year, New Jersey Governor Phil Murphy passed  landmark equal pay legislation, which will take effect on July 1, 2018 and impact employers statewide.  The Diane B. Allen Equal Pay Act  (Act), expands employee rights under the New Jersey Law Against Discrimination (LAD), and prohibits employers from paying an employee who is a mem...

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Supreme Court Issues Narrow Ruling in Same-Sex Wedding Cake Case

On Monday, the U.S. Supreme Court reversed a ruling of the Colorado Civil Rights Commission (the “Commission”) that a cake shop violated the state’s anti-discrimination act by refusing to bake a wedding cake for a same-sex couple for professed religious reasons.  This case is the latest in a series of high-profile cases pitting the r...

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Class Action Settlement Reminds Restaurant Industry of the Notice Requirements for Paying Tipped Workers

The minimum wage requirements under the Fair Labor Standard Act (FLSA), as well as many state laws including Pennsylvania, allow tipped workers to be paid a lower hourly rate than non-tipped workers. However, those laws require companies to comply with a strict set of requirements in order to take advantage of that lower rate. Failure to do so ca...

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U.S. Supreme Court Upholds Class Arbitration Waivers

The U.S. Supreme Court yesterday decided Epic Systems Corp. v. Lewis, 16-285 (May 21, 2018), upholding employment contract provisions that require employees to arbitrate their disputes with the company individually rather than on a class-wide basis. This resolves a split among the circuit courts of appeals, creating certainty and uniformity for ...

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