Monthly Archives: November 2016

‘TWAS THE HOLIDAY SPIRIT COME ROUND AGAIN, AND JUST IN TIME.

‘Twas the month of November, the holiday season

December ‘round the corner, my mind taxed beyond reason.

 

The workplace has been digitized down to an app.

My records and files appear with a tap.

As do Pidgey and Horsea and even Hypno,

My millennials have got me playing Pokémon Go.

 

But never during work, we all know the rule.

Use your own time to catch Tentacruel.

Or so our policies say about mobile devices,

For productivity suffers when Eevee entices.

 

The months passed by quickly, a really smooth ride.

I finally thought, “Hey, we’re hitting our stride.”

When what to my wondering eyes should appear,

But an OSHA inspector in full hazard gear.

 

“That’s really not necessary,” I say with a smile.

While calling our attorney on my speed dial.

“We come when we want. We need no complaint.”

Another surprise and I swear I will faint.

 

The tweeting! The posting!

The Clinton! The Trump!

Oh, Trans-Pac! Obama!

Just get through this bump.

To the polls we will go.

It’s time to decide.

Appoint a new justice

‘Cuz Scalia died.

 

The DOL clearly hates we HR reps

Implementing tough standards without giving us the steps.

Non-exempt status has caused quite a fuss,

Leaving me to explain to Valerie and Gus,

“You’ll be paid by the hour and make overtime.”

“No more salaried exempt; no more reason or rhyme.”

 

When the EEOC ruled on work wellness plans,

We double-checked our policy on medical exams.

The program’s voluntary, with biometric screening.

My skyrocketing blood pressure gives “stress” a new meaning.

 

Now, I’ve let loose the reins on the holiday party,

Delegating the task to Helga and Marty.

It seems that their plan for spreading good cheer

Has something to do with that hidden beer.

 

Not to worry, no matter, I’ve got just the thing.

Little do they know, they’ll be Ubering.

And, I’ll hear them exclaim as they’re driven out of sight:

“Happy holidays, y’all. Peace out and good night!”

A HIGH PRICE FOR NON-COMPLIANCE: NON-COMPETE/NON-SOLICITATION AGREEMENTS IN PENNSYLVANIA

Non-compete and non-solicitation agreements have become common today for numerous positions at various levels throughout all industries. This is true even though courts look with disfavor on such agreements and seek reasons not to enforce them; viewing such agreements as one-sided, prepared by and favoring employers, and restricting the individual’s ability to work and earn a living. In fact, for such reasons, these agreements are generally unenforceable in California. Thus, when asked to enforce non-compete/non-solicitation agreements, courts examine them to see if the employer has a protectable interest in the matters being restricted and whether the restrictions are narrowly-tailored in terms of both their length and geographic scope. Read More »

APPALACHIAN MOUNTAIN HIGH

Pennsylvania recently enacted a medical marijuana statute. This Act clouds the rights of employers and is another hit to Pennsylvania’s employment-at-will doctrine. Nevertheless, even in Pennsylvania, marijuana remains an illegal substance under the Federal Controlled Substances Act, and employers may continue to enforce their drug-free workplace policies for safety and production reasons, as well as compliance with other contractual or statutory obligations. The new Pennsylvania statute does, however, have implications for employers. Read More »

CHEVY CHASE MADE CHRISTMAS VACATION TIME LOOK EASY

With the holidays fast approaching, many employees will be looking to extend their holidays with use of vacation time. While generally it is good policy to allow employees to use their vacation time as they wish, such usage can present some difficulties for the employer.  For instance, discretionary usage by employees can be especially problematic if the holidays also double as that employer’s busy season. Read More »

NOT AS “EASY” AS IT APPEARS: THE THIRD CIRCUIT RULES THAT CLASS ACTION WAIVER IN ARBITRATION AGREEMENT VIOLATES THE NATIONAL LABOR RELATIONS ACT

Recently, in a case of first impression in the Third Circuit, a Delaware bankruptcy judge presiding over an adversary action in the Chapter 11 bankruptcy of Fresh & Easy LLC ruled that a class action waiver in an employment arbitration agreement violates the National Labor Relations Act (NLRA). Read More »