DOL and DOE merger

On June 21 the Trump administration announced its proposal to merge the Department of Labor and the Department of Education into one overarching department. Mick Mulvaney, the White House Budget Director, said that Ivanka Trump’s emphasis on workforce training was the inspiration behind the proposed merger. Mulvaney said in statement that the departments are, “doing the same thing.” Continue reading

Big Legislative Takeaways for Delaware

Saturday June 30 (and into the wee hours of Sunday July 1) saw the end of the fiscal year and with it came midnight and last minute (literally) deals in the Delaware General Assembly. Here were some of the biggest takeaways that will affect employment law: Continue reading

What Now? Public Employer Obligations After Janus

Last week, the U.S. Supreme Court issued its landmark decision in Janus vs. AFSCME.  The opinion prohibits public employers from collecting fair share fees from employees who have refused to join a union. In the aftermath of Janus, public employers need to be taking immediate steps to stop any such deductions.  They also need to prepare for current union members who may seek to revoke any authorization that they had previously provided. Continue reading

Third Circuit Ruling Regarding ADA, FMLA

From the Third Circuit Court of Appeals, we have a reminder that employees who request reasonable accommodations are not immune from disciplinary action, including termination. Stanley Kieffer was an employee of CPR LLC from 2003 to 2008, and again from 2010 to 2013. He began working at CPR LLC’s sister company, CPR Inc., in January 2014, and left in June of that same year. While he was employed at CPR LLC, Kieffer worked supervising disaster cleaning projects, and it was in this capacity that he injured his shoulder. From there, his troubles only continued. Continue reading

This Takes the Cake: The Supreme Court Sides with Colorado Baker Who Refused to Make a Cake for a Gay Couple

Supreme CourtOne of the most anticipated rulings of the Spring Term was issued by the Supreme Court on June 4, 2018. In a 7-2 decision, the Court ruled that baker Jack Phillips was treated with hostility for his religious views by the Colorado Civil Rights Commission when they ruled that he could not refuse to make a gay couple a wedding cake. Continue reading

The U.S. Court of Appeals for the 3rd Circuit Sides with Transgender Students’ Rights

A three-judge panel decided, after less than 30 minutes of conferring, to uphold a male female sign_3decision from the District Court for the Eastern District of Pennsylvania, allowing transgender students to use the bathroom that matches their gender identity.

In 2016, Boyertown School District updated their school policy, allowing transgender students to use the bathroom that corresponds with their gender identity (rather than their anatomical sex). The school district also provided single-stall showers and single-stall bathrooms that students who felt uncomfortable using another bathroom could use. Continue reading