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Archive by tag: ConstangyReturn

Reference Info Comes Back To Bite Ex-Employer

A tough situation. Could it have been handled better? The Pennsylvania Department of Insurance will be going to trial in a retaliation case involving reference information it provided for a former employee....By: Constangy, Brooks, Smith & Prophete, LLP
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Senate Confirms EEOC General Counsel

The position has been vacant since late 2016. Yesterday the U.S. Senate confirmed Sharon Fast Gustafson as General Counsel for the Equal Employment Opportunity Commission. The General Counsel position has been vacant since David Lopez resigned in...By: Constangy, Brooks, Smith & Prophete, LLP
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Uh-Oh. A New Gender Pay Gap!

Oh, wait. According to a recent study, women pay 20 percent more than men in bank fees and penalties. In 2018, women paid an average of $214, while men paid an average of only $182....By: Constangy, Brooks, Smith & Prophete, LLP
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Ten Ways Employers Get Themselves Sued (Part Two)

How can I sue thee? Let me count the ways. Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were- Discrimination (not only unlawful discrimination, but also favoritism and...By: Constangy, Brooks, Smith & Prophete, LLP
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My Preemptive Strike For Eugene Scalia

That article he wrote on sexual harassment was fine. Yesterday, Politico had a post about a law review article written in 1998 by Eugene Scalia, President Trump's nominee for Secretary of Labor. The article had the dramatic headline, "Scalia's...By: Constangy, Brooks, Smith & Prophete, LLP
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USDOL Rolls Out New Wage And Hour Opinion Letter On Truck Sleeper Berth Time

In a July 22 Opinion Letter, the Wage and Hour Division of the U.S. Department of Labor returned to a common-sense interpretation of regulations regarding “hours worked” and “compensable time” as applied to truck drivers and drivers’ helpers for time...By: Constangy, Brooks, Smith & Prophete, LLP
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Justice Stevens And Employment Law

"The Justice in the bow tie." Retired Supreme Court Justice John Paul Stevens died this week at the age of 99. He has received many tributes, and I will always remember him as the "Justice in the bow tie."...By: Constangy, Brooks, Smith & Prophete, LLP
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Court Strikes Down New York Anti-Arbitration Provisions

As we reported, New York State has enacted laws prohibiting mandatory arbitration of sexual harassment claims and all other discrimination claims under the New York State Human Rights Law. And, as we anticipated, a New York federal district court has...By: Constangy, Brooks, Smith & Prophete, LLP
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Eugene Scalia To Be Trump's Nominee For Labor

This just in, from The New York Times. I just got a notification that President Trump will nominate Eugene Scalia, son of the late Supreme Court Justice Antonin Scalia, to be Secretary of Labor....By: Constangy, Brooks, Smith & Prophete, LLP
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Ten Ways Employers Get Themselves Sued (Part One)

Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You'd rather binge-watch Seasons 1-3 of Stranger Things than go for a walk....By: Constangy, Brooks, Smith & Prophete, LLP
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