Christiana L. Signs

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EEOC Coronavirus Disease 2019 Guidance to Employers

The U.S. Equal Employment Opportunity Commission (EEOC) issued a bulletin this morning advising that Field Offices have temporarily stopped conducting in-person intake interviews due to the current health situation. Before closing its doors, though, the U.S. Equal Employment Opportunity Commission (EEOC) confirmed in a short online article, What You Should Know About the ADA, the Rehabilitation Act, and … Continue Reading

Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act

On May 21, 2018, in a 5-4 decision, the United States Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis, 584 U.S. ____ (2018), holding that mandatory employer-sponsored arbitration agreements do not offend the National Labor Relations Act (“NLRA”). Justice Gorsuch, joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito, delivered … Continue Reading

Ninth Circuit: Employers May Not Consider Salary History in Deciding to Pay Men and Woman Differently

The day before Equal Pay Day, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, ruled that employers defending claims under the Equal Pay Act cannot rely on workers’ past salaries in any respect in trying to justify pay disparities between women and men. Aileen Rizo v. Jim Yovino, 16-15372, 2018 WL … Continue Reading

Supreme Court Rejects Practice of Construing Fair Labor Standards Act Exemptions Narrowly

On April 2, 2018, in a 5-4 decision, the United States Supreme Court held that automobile service advisors are not entitled to overtime pay. Although the precise holding is of limited application because few companies outside car dealerships employ individuals as automobile service advisors, the Supreme Court’s analysis will have wide-reaching application. Departing from years … Continue Reading

PA Superior Court: For Some Employees, PA Law Requires More Overtime Compensation

Employers with operations in Pennsylvania should beware that a recent Pennsylvania Superior Court opinion confirmed what federal courts in Pennsylvania previously predicted:  Pennsylvania law entitles certain employees to more overtime pay than federal law. On Dec. 22, 2017, Judge Jeffery Moulton ruled that the Pennsylvania Minimum Wage Act (PMWA) entitles a nonexempt, salaried employee to … Continue Reading

Employers With Arbitration Programs Need To Read This – Sixth Circuit Refuses To Stop Collective Action Notice To Employees with Individual Arbitration Agreements

A Sixth Circuit opinion filed this week reaffirms what experienced Fair Labor Standards Act (FLSA) attorneys have known for some time:  when it comes to employer arbitration programs, they are not always the panacea that employers (and their lawyers) believe them to be. In Taylor v. Pilot Corp. et al., Case No. 16-5326, a plaintiff-employee … Continue Reading

U.S. Supreme Court Holds that Unaccepted Offer to Settle Per Rule 68 Does Not Moot a Case

In a 6-3 opinion, the United States Supreme Court held yesterday that a defendant’s unaccepted Rule 68 offer of judgment for complete relief does not moot a case. See Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016). Justice Bader Ginsburg, writing for the 6-3 majority, explained that “[u]nder basic principles of contract law,” an offer … Continue Reading

Philadelphia Expands the Reach of Its ‘Ban the Box’ Ordinance

On Dec. 15, 2015, Philadelphia Mayor Michael Nutter amended the city’s current “ban the box” law to expand the number of employers it covers and increase restrictions on the use of criminal background checks during the hiring process. The amendments take effect in just 90 days and make several noteworthy changes to the city’s original … Continue Reading
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