Monday, June 2, 2014

15 New Developments in Employment Law

On Friday, I had the pleasure of presenting 15 New Developments in Employment Law (slides here) to the Healthcare Human Resources Association of Central Pennsylvania. I thought others might be interested in the presentation so I posted the slides. Here are some links that correspond to the slides:

1. PA Same Sex Marriage
- Judge Jones's opinion
- SSM in PA is Here to Stay
- Why PA Employers Should Still Monitor Other States' Laws on the Issue

2. Severance Pay and Taxes
- Supreme Court's opinion in U.S. v. Quality Stores, Inc.

3. Focus on Pregnancy in the Workplace
- Pregnant Workers Fairness Act
- SCOTUSblog case page for the potential pregnancy accommodation case

4. Your Separation Agreements are Illegal! (maybe)
- Lawffice Space blog entry with links to Complaint, and tips from other bloggers (Jon Hyman and Dan Schwartz)

5. President Obama's Executive Orders (and Memos)
- Overview of Equal Pay issue (and links to the order and memo)
- Obama's proposals regarding overtime regs

6. Is Telecommuting a Reasonable Accommodation
- Lawffice Space blog entry on topic

7. A Noncompete Without Consideration?
- Socko v. Mid-Atlantic Systems of CPA, Inc. (Pa. Super. Ct.)
- Lawffice Space blog entry on topic

8. EEOC Charge Data Through FY 2013
- Chart and analysis on Lawffice Space

9. NLRB Quickie Elections
- Helpful update from Jackson Lewis
- I mentioned Noel Canning - that's a Supreme Court case that will be decided any day now addressing the constitutionality of the president's recess appointments to the NLRB. SCOTUSblog case page here.

10. RIP NLRB Poster Requirement
- Lawffice Space entry on point

11. Transgender Discrimination = Sex Discrimination
- Third Circuit's opinion in Stacy v. LSI Corp.
- Brief summary of case
- EEOC's decision in Macy v. Holder

12. Third Circuit Provides Retaliation Recap
- Third Circuit's opinion in Blakney v. City of Philadelphia
- Brief summary on Lawffice Space

13. Duck Dynasty - First Amendment and Private Entities
- Here's an article I wrote regarding the legal implications of the Duck Dynasty controversy. It doesn't capture the full thrust of this part of my presentation. I'm hoping to address these issues in a new article of some sort, tentatively titled "The First Amendment Generally Does Not Protect Employees BUT . . . " - addressing the general notions of free speech, free religion, and how they impact teh employment relationship.

14. The Expanding NLRB
This one could be an entire book, but here are a few links to capture the flavor:
- Article: NLRB to Employers: You Can't Prohibit Negativity and Gossip
- One of many Lawffice Space entries on the NLRB's foray into social media conduct
- NLRB Regional Director's Decision regarding Northwestern Football (.pdf)

15. Fun Cases
I had a bunch of interesting cases lined up to fill time if I got to the end with plenty of time to spare. I only got to a few, but here are some more:
- Daughter's Facebook Posts Costs Dad his Settlement
- Iowa Court Allows Firing of "Irresistible" Dental Assistant
- Fired for posing at work in KKK garb (Eric Meyer - The Employer Handbook)
- Yoga instructor claims she was fired for being "too cute" sues Playmate and husband

Feedback is always welcome. What did I miss? The timeframe is about the last 10-11 months (I presented to this same group last year, after the Supreme Court term had ended - so those cases are outside of the scope).