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In nearly every business, regardless of size, difficult employees are among management’s biggest headaches. Drawing on real-life examples from workplace counseling and litigation, this presentation will address practical steps for dealing with difficult employees. The program will cover:

  • Hiring process
  •  Performance evaluations
  •  Disciplinary policies and procedures (union and non-union)
  •  Laying the groundwork for success before

With its new law treating pregnancy as a disability, Philadelphia joined Alaska, California, Connecticut, Hawaii, Illinois, Louisiana, Maryland, New Jersey and Texas, as well as New York City, which all passed similar legislation in recent months. Beyond prohibiting discrimination based on pregnancy, childbirth, or a related medical condition, the new Philadelphia ordinance adds to

New Jersey employers are reminded that, beginning January 6, 2014, they are required to conspicuously post a copy of the State’s new Gender Equity Notice (the “Notice”) in the workplace, distribute the Notice to current employees, and thereafter provide written copies of the Notice at the time of hire, annually to all employees, and otherwise upon request. Signed acknowledgements of the Notice must be obtained, in writing or by electronic verification, from each employee within 30 days of each distribution. (See further specific details of the requirements, bulleted below). The Notice, now available from the New Jersey Department of Labor & Workforce Development in both English and Spanish, can be found by clicking here.
Continue Reading New Jersey’s Gender Equity Notice: Posting & Distribution Requirements Go Into Effect January 6, 2014

In what appears to be something of a trend, the Pennsylvania State Legislature is considering a bill entitled “The Pennsylvania Fair Employment Opportunity Act,” attached here, which would prohibit employers from discriminating against job applicants who are unemployed at the time of applying for an open position with an employer.   Continue Reading Proposed Pennsylvania Law Would Prohibit “Unemployment Discrimination”

In a recent case involving Quicken Loans, Inc., Case No. 28-CA-75857, JD(NY)-03-13 (January 8, 2013), an NLRB Administrative Law Judge (“ALJ”) found that employers’ commonly adopted practice of including non-disclosure and non-disparagement provisions in employment agreements violated the NLRA. The ALJ concluded that these contract provisions created a chilling effect on the employees’ right to discuss their working conditions with coworkers and others.
Continue Reading Non-Disclosure and Non-Disparagement Provisions in Employment Agreements Not Off-Limits Under the NLRA

On the heels of its December 12 decision overturning 50-year-old Board precedent in WKYC-TV, the NLRB reversed a 36-year-old Board ruling which protected confidential witness statements during workplace investigations from disclosure to the labor organization representing the employee or employees involved in the investigation. Prior to the Board’s December 14 decision in Am. Baptist Homes of W. d/b/a/ Piedmont Gardens , it was well-settled under Anheuser-Busch Inc., 237 N.L.R.B. 982 (1978), that the law exempted witness statements made to employers by employees with assurances of confidentiality from the requirement to provide the union involved with copies of the statements, even though such statements were arguably relevant to the Union’s representation of bargaining unit employees.
Continue Reading NLRB Overturns 36-Year-Old Precedent Protecting Confidential Witness Statements From Disclosure to Union

A federal court in Pennsylvania ruled that the fluctuating workweek method of calculating overtime, while compliant with the Fair Labor Standards Act, violates Pennsylvania’s Minimum Wage Act (“PMWA”). The fluctuating workweek method of calculating overtime permits an employer to pay a non-exempt employee a fixed, weekly salary, regardless of the number of hours that employee works. Overtime is then paid at 50% of the regular rate of pay, rather than 150% of the regular rate of pay. The regular rate of pay is calculated by dividing the fixed salary by the total number of hours worked in the applicable week. Using this method benefits employers whose employees typically work in excess of 40 hours per week.
Continue Reading Federal Court Rules Pennsylvania Employers Cannot Use “Fluctuating Workweek” Overtime Method

NLRB holds that employer’s practice of requesting employees to keep internal investigations confidential violates the NLRA.

The National Labor Relations Board ("NLRB" or "Board") is at it again, this time finding that an employer’s policy prohibiting employees from discussing ongoing investigations of employee misconduct infringes upon employees’ Section 7 rights in violation of Section 8(a)(1) of the National Labor Relations Act ("Act" or "NLRA"). Banner Health Sys. d/b/a Banner Estrella Med. Ctr., 358 NLRB No. 93 (July 30, 2012).Continue Reading NLRB Forbids “Do Not Discuss” Warnings to Employees During Confidential Investigations