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Employment & Labor Law

Employment and Labor law is an integral part of Rhoads & Sinon LLP. Our goal is to provide our clients - in both the private and public sectors - with timely and practical advice they need to comply with state and federal laws governing employment and personnel practices. We counsel our clients as they draft and administer policies on a variety of personnel issues including:

· equal employment opportunity,
· drug and alcohol abuse,
· family and medical leave,
· employee handbooks and applications,
· safety and grievance procedures,
· sexual harassment,
· affirmative action,
· overtime and wage requirements,
· trade secrets,
· covenants-not-to-compete,
· unemployment compensation

In addition, clients frequently ask our counsel in structuring terminations and layoffs so as to minimize the potential for litigation.

Employment Law Litigation.

Employment-related lawsuits are a reality for all employers, public and private, with or without union employees. Counseling our clients to achieve their business objectives - while minimizing the threat of litigation - has become the primary goal of our practice. Nevertheless, when our clients are sued, we are ready to provide a vigorous defense. We have established a successful track record in defending our clients in the federal and state courts, as well as administrative agencies. Our employment-law litigation practice includes defending employers against employment discrimination and constitutional claims brought under a variety of statutes:

· Pennsylvania Human Relations Act,
· Title VII of the 1964 Civil Rights Act,
· Americans With Disabilities Act,
· Age Discrimination In Employment Act,
· Family & Medical Leave Act, and
· Fair Labor Standards Act

Labor Law Counsel and Litigation. Our labor law practice has also included negotiating collective-bargaining agreements on behalf of employers in the public and private sector, representing management on grievance arbitration and mediation procedures, and helping employers to comply with the prevailing wage statutes.

We represent employers in union organizing campaigns and defending employer's rights in union election and unfair labor practice cases before the National Labor Relations Board and the Pennsylvania Labor Relations Board.


Employment & Labor Law Online Articles

A (Temporary?) Victory For Employers: Employees Cannot Use Company Email for Union Organizing

The Tables Get Turned: EEOC Must Pay Legal Fees for "Frivolous" Suit

A New Threat Emerges: Lenders Can Be Held Liable For A Debtor Corporation's WARN Act Violations

Wage & Hour Issues: When is Time Spent in "Training" Compensable?

FMLA Amended To Allow Time Off For Family Members Of Military Personnel And The DOL's New Proposed Regulations

Rhoads & Sinon and Todd Shill Featured in Employment Law 360 article: "IM Chats Get Cingular Off The Hook For Sex Bias" (Adobe pdf file)

More Proof That Employers Must Be Extremely Careful When Producing Documents To The EEOC

Human Resource Professionals of Central Pennsylvania Monthly Legal and Legislative Update

(Catch 22 and) Release: Employees can sue former employers for FMLA violations despite a release agreement

Getting Paid For Walking: The Supreme Court Addresses Compensable Time For Those Who Don and Doff Safety Equipment

Independent Contractor Or Employee?

HIPAA And The Possible Effect On Your Company

FLSA Alert: DOL Issues "Fair Pay" Regulations

Overtime To “Independent Contractors”??? Welcome to the new “economic reality” of the Pennsylvania Minimum Wage Act

Protecting Trade Secrets Just Got Easier: Pennsylvania Adopts Uniform Trade Secrets Act

Unfair Competition: A New Weapon For Victims of Employment Discrimination

Supreme Court Says No Claim for Reverse Age Discrimination By Employees Over 40

Retaliation Claims: No Longer the "Hidden" Threat

Do Employers Have the Legal Duty to “Accommodate” Pregnant Employees?

Fair Credit Reporting Act Amendments Clarify Employers’ Ability to Use Outside Counsel to Conduct Investigations of Employee Misconduct

HIPAA: Employers Must Learn Another Acronym When Dealing With Employment Records

High Court Declares Off-Duty Drug Abuse Insufficient to Support Section 402(e) Denial of Unemployment Benefits

Age Discrimination Damages Increased To Compensate for "Negative Tax Consequences” Of Receiving Lost Pay In Lump Sum

Military Leave Counts Towards FMLA Eligibility

Are They Independent Contractors or Employees?: The Wrong Answer Could Cost You Millions

Retaliation Claims: No Longer the "Hidden" Threat

Hold on to those Applications!

A Past Practice of Requiring An Independent Medical Examination Supersedes the FMLA's Return To Work Procedures

Written Reprimands Placed In Personnel File Not Considered 'Adverse Employment Action'

U.S. Supreme Court 'Uncaps' Discrimination Damages

Federal Contract Compliance Programs Announce Change in Posting of Notices

FLSA Alert: DOL Issues "Fair Pay" Regulations

EEOC Forces Employer To Pay $650,000 For ADA Violation

Firing Employees Under The Employment Discrimination Laws

Disability-Based Harassment Now Actionable Under the ADA

Is Your Company's Severance Agreement and Release Properly Drafted?

My Friend Sued For Disability Discrimination: Can I Sue Too? Sure Says The Third Circuit

AAA: Abitration Agreement Angst

Sexual Harassment Lawsuits and Claims for Intentional Infliction of Emotional Distress

Supreme Court Approves the Use of Private Arbitration Agreements to Resolve Employment Disputes

Military Leave Laws

Mandatory Arbitration Agreements Do Not Bar EEOC Lawsuits

U.S. Supreme Court Hands Down First FMLA Decision

Are They Independent Contractors or Employees?: The Wrong Answer Could Cost You Millions

Court Holds That Employee Need Not Exhaust Paid Sick Leave in Order to Qualify for Family and Medical Leave Act Leave

President Bush Repeals OSHA Ergonomics Rules

Passing the Smell Test: More on Drug & Alcohol Abuse Policies

Firing Employees Under the Employment Discrimination Laws

Age Discrimination Damages Increased To Compensate for "Negative Tax Consequences” Of Receiving Lost Pay In Lump Sum

Affirmative Action Alert

OFCCP To Become More Business "Friendly" But EO Surveys Will Continue

Can a Sexual Harassment Investigation Violate an Employee's Right to Privacy? Yes, says a Philadelphia Jury

HIPAA: Employers Must Learn Another Acronym When Dealing With Employment Records

No Common Law Wrongful Discharge Claims Against Public Employers in Pennsylvania

Caution: Employers May Not Disregard Employment Handbook Terms for At-Will Employees

High Court Declares Off-Duty Drug Abuse Insufficient
to Support Section 402(e) Denial of Unemployment Benefits

Employee Who Relocates for Work No Longer Considered "At-Will" Even Though Employee Intended to Relocate for Reasons Other Than Employment


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Practice Group Attorneys:

Kathleen D. Bruder
Vincent L. Champion
James E. Ellison
Kevin M. Gold
Cory A. Iannacone
Shawn D. Lochinger
John Martin
Stephen Moniak
Drake D. Nicholas
David F. O'Leary
Jillian M. Petrosky
Todd J. Shill
Robert J. Tribeck

 


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