Social Media Policies: NLRA Disclaimers Take a Hit

My latest post on ELinfonet is up! Please check out The Death of NLRA Disclaimers in Social Media Policies? My new article covers NLRB guidance on social media policies, and explains why a simple disclaimer that the policy "will not be construed or applied so as to prohibit NLRA-protected activity" is a big failure. It also includes some tips for a better disclaimer that addresses some of the NLRB's concerns (although the NLRB hasn't had any trouble raising new concerns, so proceed with caution!).

Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.

My New Post on ELinfonet: SCOTUS Defines Class Action Glue in Wal-Mart v. Dukes

Last Tuesday, the Supreme Court reversed the Ninth Circuit’s certification of the largest employment discrimination class in history. On Friday, I explained where the Supreme Court was unanimous and where they split 5-4. Now, in my latest ELinfonet post, I explain the five-Justice majority’s definition of the “glue” needed to hold a company-wide class action discrimination suit together. Enjoy!

Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.

Are Internal FLSA Complaints Protected After Kasten?

Last week, the Supreme Court held in Kasten v. St. Gobain that the FLSA's antiretaliation provision protects oral complaints. Check out my latest ELinfonet entry: FLSA Protects Oral Complaints, But What About Internal Complaints? The post provides my best guess as to how courts will apply the FLSA antiretaliation provision when employees complain directly to their private employers.

Tune in to Lawffice Space later today for a post covering how federal courts in Pennsylvania have addressed this issue (every district court in PA has already addressed it).

Finally, Bob Fitzpatrick has a great post on his blog, Fitzpatrick on Employment Law. Check it out for a nice summary of the holding in Kasten as well as some nice analysis of how this case may impact jury instructions moving forward.

Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.

My New Post on ELinfonet: 3rd Party Retaliation Exists... But When?

I posted a new entry on the Employment Law Information Network (ELinfonet): Supreme Court Holds that 3rd Party Retaliation Exists… but When? I discuss the Supreme Court's decision in Thompson v. North American Stainless, and highlight the difficulty in determining which relationships are covered. Enjoy!

Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.

Types of Discrimination per Individual Charge on the Rise

I have a new entry up on ELinfonet: Charges Including More Types of Discrimination. It includes a chart showing an increase in the number of types of discrimination alleged per individual charge filed with the EEOC. Enjoy!

The Push is On for the Paycheck Fairness Act

My latest post on ELinfonet is up: Push for the Paycheck Fairness Act and the Death of the "Any Other Factor" Defense. It covers the pending legislation and its impact on the existing Equal Pay Act. Specifically it details the proposed switch from the "any other factor" defense to the "bona fide factor" defense.

Posted by Philip Miles, an employment lawyer with McQuaide Blasko in State College, Pennsylvania.

New Process Steel - Now What?

In mid-June, the Supreme Court issued its opinion in New Process Steel v. NLRB, invalidating nearly 600 NLRB decisions. To find out the immediate impact and the NLRB's plan for the future, check out my latest entry on ELinfonet: The Post-New Process Steel World - What Happens Now?

Previous Coverage of New Process Steel on Lawffice Space: NLRB Already Here? Returns? In the Distant Future?, 2-Member NLRB Hits SCOTUS, and New Regime - SCOTUS, EEOC, NLRB.

Posted by Philip Miles, an employment lawyer with McQuaide Blasko in State College, Pennsylvania.

The Combined Lesson of Lewis and Ricci

My latest entry on ELinfonet is up: Learning Lewis but Remembering Ricci. In this post, I combine the Supreme Court's opinions in Lewis v. City of Chicago and Ricci v. DeStefano (Lawffice Space series on each opinion) into a comprehensive game plan for employers.

Court-watchers may recall that the Supreme Court faulted the fire department in Ricci for not following through on its testing despite racial disparities in the results. Then in Lewis, the Court faulted another fire department because it kept using the test results despite the disparate impact.

My new post helps sort out when to GO and when to STOP.

See also, my other posts on ELinfonet.

Posted by Philip Miles, an employment lawyer with McQuaide Blasko in State College, Pennsylvania.

Third Circuit Test for Medication or Treatment as a Disability

As you may recall, I recently announced that I am blogging on ELinfonet. My latest post is up: 3rd Cir. Addresses ADA Claims Based on Side Effects of Medication.

Brief Summary
Suppose an employee does not have a disability as that term is defined by the Americans with Disabilities Act. But, the employee is on medication or receiving a treatment that impacts his or her ability to work. Must employers provide reasonable accommodations under the ADA?

The Third Circuit adopted a 3-prong test for determining when medication/treatment constitutes a disability.

Posted by Philip Miles, an employment lawyer with McQuaide Blasko in State College, Pennsylvania.

Now Appearing in ELinfonet

Exciting news! Employment Law Information Network (ELinfonet.com) asked me to join its collection of bloggers. Have no fear, I will continue to blog here at Lawffice Space. This is simply a new opportunity to publish my humble employment law writings, and possibly even attract some new readers to Lawffice Space. The entries on ELinfonet will be original publications and will not be reproduced here. However, I will alert my readers when a new post goes up.

I published my first entry today: Cat's Paw Coming to Supreme Court.

Posted by Philip Miles, an employment lawyer with McQuaide Blasko in State College, Pennsylvania.