Business and Employment Law: McQuaide Blasko (Shareholder Attorney), Penn State (Adjunct Faculty), and Lawffice Space (Blogger). Fun: Coffee Roaster ☕️
The Third Circuit held "for the first time" that breach of workplace computer-use policies does not violate the Computer Fraud and Abuse Act:
https://t.co/l3I3Qu4GTS
I have been increasingly impressed with ChatGPT, and often run issues through *both* ChatGPT and Lexis+ AI (seemingly now branded as "Protege"). But, both still require a heavy dose of skepticism and real-person due diligence.
My column for this month is why legal professionals are using OpenAI's ChatGPT for work more often than generative artificial intelligence tools from #legaltech vendors: https://t.co/M2xKB3MJhP
Time spent by Home Health Aides (HHAs) traveling between client sites is compensable time under the FLSA and therefore must be paid time. This remains true even if the HHA has some off-duty time immediately before or after the travel. Third Circuit opinion here:
https://t.co/8t3PNmBWbE
Earlier this week, President Trump signed a new executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. One major piece of this order is that it rescinds Executive Order 11246 (1965, since amended). EO 11246 generally required federal contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin."
Notably, affirmative action did *not* mean implementing quotas, set-asides for specific groups, or hiring based on protected characteristics over merits (indeed, these would violate anti-discrimination statutes like Title VII). Instead, the order required employers to create organizational profiles with workforce analysis - tracking total number of employees by job title and identifying areas of underrepresentation compared to the availability of qualified women and minorities in the labor market; setting targets; and implementing action-oriented programs like recruitment and training programs.
Note that federal contractors are still subject to other affirmative action requirements regarding disabilities and veterans.
https://t.co/7SMO6iZuH4
New Supreme Court Decision! Yesterday, the Supreme Court held that employers looking to prove an employee is exempt from the minimum wage and overtime requirements of the FLSA must do so by a "preponderance of the evidence." This is, of course, the standard burden of proof in civil litigation. Some courts, however, had applied a higher standard like "clear and convincing evidence." Here in the Third Circuit, some cases have used language like "plainly and unmistakably." Yesterday's decision makes clear that preponderance of the evidence is the standard.
https://t.co/IrQzZ2ZQY7
Did you know that Pennsylvania has a new law that restricts the use of noncompetes with health care practitioners? You can read more about it here:
https://t.co/4IDgV2r6T8
Some Penn State history in this coaching matchup:
Matt Rhule - State High and Penn State grad, began career with brief stint as assistant Coach at PSU.
Bill O’Brien - former Penn State head coach.
The Department of Labor is proposing to phase out certificates that currently allow some employees with disabilities to be paid subminimum wages "where such certificates are necessary to prevent the curtailment of opportunities for employment":
https://t.co/vWgvSkN5JP