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Every Manager and Their Mother: Second Circuit Shields Social Media Insults against Supervisor and His Entire Family

On Friday, April 21, 2017 a Second Circuit Court of Appeals panel affirmed a National Labor Relations Board ruling that a catering company server was wrongfully terminated for making an obscene and vicious Facebook post that verbally attacked a supervisor and his family, because it included a pro-union message (and was therefore protected act...

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Buy American, Hire American: President Trump’s Executive Order Hints at Possible H-1B Visa Reform

On Tuesday, April 18, 2017, President Trump signed his “Buy American, Hire American” Executive Order during a visit to the Snap On Tools headquarters in Kenosha, Wisconsin.  Lauded by the administration as a sign of the administration’s commitment to protect American workers and U.S. manufacturing, the executive order calls on all fede...

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Transgender Restroom Dispute Continues, Despite North Carolina “Deal” To Overturn Controversial “Bathroom Bill”

On Thursday March 30, 2017, Gov. Roy Cooper signed House Bill 142, which repealed North Carolina’s controversial House Bill 2. As previously reported by HR Legalist, House Bill 2 was signed into law on March 23, 2016, and prohibited local government from permitting transgender individuals to use public bathrooms that aligned with their sex ...

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Andrew Horowitz Speaks at Pittsburgh Human Resource Association

Obermayer Rebmann Maxwell & Hippel LLP attorney Andrew Horowitz spoke at the Pittsburgh Human Resource Association on “Firing the Unfire-able Employee” in which he gave an interactive presentation on strategies to manage risk while disciplining and/or terminating employees who may have legal claims against the company. In doing so, Horowitz...

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Federal Court of Appeals Rules that Civil Rights Law Protects LGBT Workers from Sexual Orientation Discrimination

On Tuesday, the U.S. Court of Appeals for the Seventh Circuit made history by extending the protections of Title VII of the Civil Rights Act of 1964 to LGBT individuals in the workforce when it held that “discrimination on the basis of sexual orientation is a form of sex discrimination.” In Tuesday’s 8-3 decision, the full panel of Sevent...

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Obermayer Partner Speaks at PA Bureau of Mediation and PA Labor Relations Board Joint Conference

Obermayer Rebmann Maxwell & Hippel LLP partner Benjamin Pratt spoke at the 2017 Pennsylvania Bureau of Mediation and Pennsylvania Labor Relations Board Joint Conference in Camp Hill, PA.  He discussed salary schedules in teacher negotiations. Attendees included representatives of the PLRB, the Bureau of Mediation, Arbitrators, Management Attor...

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Be Careful With That! – Second Circuit Dismisses Failure to Accommodate Claim Brought by “Needle Phobic” Pharmacist

On March 21, 2017, the Second Circuit affirmed the dismissal of a former Rite Aid pharmacist’s claim against Rite Aid for refusing to accommodate his “needle phobia.” In 2011, Rite Aid altered the job description for its pharmacists to include immunization certification as an “essential duty and responsibility.”  Rite Aid altered t...

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MARCH MADNESS 2017: HOW TO AVOID FOULING OUT FROM AN EMPLOYMENT LAW PERSPECTIVE

Across the country, sports fans are gearing up for their favorite seasonal competition: the NCAA “March Madness” tournament. Those with winning brackets can earn prizes ranging from neighborhood bragging rights, up to a million dollars per year, for life (if you are one of Warren Buffet’s employees). Competition prizes and popularity notwit...

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As the Northeast Prepares for a Major, Late Season Snow Storm, HR Legalist Reminds our Readers of the Importance of Employer Responsibility to Employees in a Time of Inclement Weather

In January 2015, HR Legalist contributor, Teleicia D’Amberville, wrote about employer responsibilities towards employees when a serious weather event occurs.    As a major snow storm is set to hit the Northeast of the United States this week, we thought it wise to remind our readers of Ms. D’Amberville’s sound advice.  In the meantime, ...

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Senate Kills Federal Contractor Work Safety Rule

On March 6, 2017, the Senate voted 49-48 to eliminate President Barack Obama’s Fair Pay and Safe Workplaces rule through the Congressional Review Act (CRA). The Fair Pay and Safe Workplaces rule was finalized in August 2016 by the U.S. Department of Labor, but subsequently blocked by court order in October 2016. Continue Reading  

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