Jim Shrimp's Legal Insights

us supreme court building after title xii protects lgbt employee rights

U.S. Supreme Court Further Defines Title VII Protection to Include LGBT

Yesterday, the Supreme Court, in a 6 to 3 decision, ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment against LGBT individuals. In a single day, millions of Americans were provided with protection under Title VII and employers must modify their conduct. Before June 15, 2020, the rights of […]

man shaking hands accepting job interview

Update on the Philadelphia Wage Equity Ordinance

The Ordinance On January 23, 2017, the Philadelphia Wage Equity Ordinance (“Ordinance”) was signed by the Mayor.  The Ordinance made it unlawful for any business that employs individuals in the City of Philadelphia to (1) inquire about a job applicant’s wage history (“Inquiry Provision”); or (2) to rely upon wage history information in determining a […]

FRANCHISE Marketing Branding Retail and Business Work Mission Concept

Franchisees – Things to Watch Out for in 2018

Increased ICE Enforcement As many of you have probably read about already, on January 10, 2018, Immigration and Customs Enforcement (“ICE”) performed raids at over 100 7-Eleven convenience stores checking on the immigration status of those stores’ employees.  After the raids, Acting ICE Director Thomas Homan cautioned employers that “today’s actions send a strong message […]

Protests and Discipline in the Private Workplace: It’s More Complicated than a Tweet

October 17, 2017 By James B. Shrimp On September 23, 2017, at a purported campaign rally for Senator Luther Strange, President Trump made the following extemporaneous comments regarding the National Football League, its owners, and its players: Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get […]

Hey Boss, Give Me the Tips I Earned! Not So Fast.

August 8, 2017 By James B. Shrimp There is a common misconception that an employee that works for tips – e.g., restaurant and hotel workers -  are always entitled to the tips they earn.  However, this is not true if the employer pays you at least minimum wage. Legal Background The Fair Labor Standards Act […]

Compensatory Time Coming to a Private Employer Near You?

May 10, 2017 By James B. Shrimp Last week the U.S. House of Representatives passed House Resolution 1180, entitled the Working Families Flexibility Act of 2017 (“WFFA”). Consideration of the WFFA is now onto the Senate. The WFFA will amend the Fair Labor Standards Act to permit an employer, at the employer’s option, to provide […]

Sexual Orientation Discrimination: The Legal Jumble

April 5, 2017 By James Shrimp Imagine getting married, legally, on Saturday and then getting terminated by your employer on Monday because of who you married?  For members of the LGBT community that is a possibility for which currently there is no, or very limited, legal recourse.  But the tide may slowly be changing. On […]

The Oscars®, March Madness and Work: How Does an Employer Manage Distracted Working

March 8, 2017 By James Shrimp As most of you know, at the Oscars® Warren Beatty and Faye Dunaway announced the wrong movie for the Best Picture Award.  In the initial hours after the show, many held Warren Beatty accountable (including me), because he clearly recognized something was wrong with the card – but showed […]

“Subgroup” Disparate Impact is a Basis for Age Discrimination Claim

January 17, 2017 By James B. Shrimp For any business contemplating a reduction in force (“RIF”) it is no doubt a difficult process given the knowledge that you are going to layoff a significant number of employees.  From a business perspective, for businesses in PA, NJ and DE, the Third Circuit Court of Appeals has […]

employee book, NLRB

The NLRB Takes Aim at Employee Handbooks Affecting Employment Law

April 19, 2016 By: James B. Shrimp The National Labor Relations Board (NLRB) and it’s field offices continue to seek to influence the non-unionized, private sector workplace. Last week, an administrative law judge in an NLRB proceeding involving Quicken Loans, and affiliated companies, Fathead and One Reverse Mortgage, ruled that over 20 provisions of an […]