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Keeping You Posted

Recent developments in employment and labor law
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hkastrinsky

Howard Kastrinsky

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Chris Barrett


Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Court finds employee entitled to trial on retaliation claims

Friday, 28 April 2017 14:00


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A federal court in Pennsylvania denied an employer’s attempt to dismiss employment discrimination and retaliation claims prior to trial and ordered that the terminated employee was entitled to a jury trial. The employee was a public works director and borough engineer who had received good job performance ratings throughout his 30-year career. However, he was terminated shortly after a new borough manger was brought in to replace a former manager. Employees, including the terminated employee, claimed it was common for the new manager to make comments referring to the terminated employee or his work as “outdated” and “old fashioned.” Other employees claimed it was common knowledge that the new manager preferred younger employees. Some employees had alleged that there was a purported plan to replace the older staff with younger employees.

   

No right to reinstatement under FMLA where no leave actually taken

Friday, 31 March 2017 14:36


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This case arises out of the termination of a hospital employee after he requested leave pursuant to the Family Medical Leave Act (“FMLA”). The trial court, however, found no evidence that the hospital interfered with the technologist’s right to take FMLA leave or that he was terminated as a result of his request for FMLA leave. The appeals court agreed with the trial court’s decision.

   

Searches of logging devices installed on vehicles do not violate the Fourth Amendment

Tuesday, 21 February 2017 16:59


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Implementation of New Federal Rules Halted

Monday, 28 November 2016 11:04


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On November 22nd, U.S. District Court Judge Amos L. Mazzant issued a preliminary injunction at least temporarily halting implementation of new federal rules that would have expanded overtime pay to more than 4 million workers. More details to follow in the December issue of the Employment Law Comment.

   

Employers: New I-9 Form for New Hires

Monday, 28 November 2016 10:58


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As of November 14, 2016, the U.S. Citizenship and Immigration Services issued a new Form I-9.  Use of this version will be required starting January 21, 2017.  Employers may begin using this form now for all new hires. 

   

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