Eric B. Meyer

About the Author

Eric B. Meyer is a partner in the Labor and Employment Group of the Philadelphia-based law firm of Dilworth Paxson LLP . He dedicates his practice to litigating and assisting employers on labor and employment issues affecting the workplace, including collective bargaining, discrimination, employee handbook policies, enforcement of restrictive covenants, and trade secret protection. Eric also serves as a volunteer mediator for the United States Equal Employment Opportunity Commission. Contact him at emeyer@dilworthlaw.com .

The ADA at 25: It’s Comes Down to Making a Reasonable Accommodation

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By Eric B. Meyer Yesterday, the Americans with Disabilities Act turned 25. To celebrate the 25th anniversary, the EEOC has created a new resource which addresses the state of the ADA, lists important milestones, and offers links to a series of ADA resources. Save the Family and Medical Leave Act, I get more…

Appeals Court Reaches Same Conclusion as DOL on Independent Contractors

independent contractor

By Eric B. Meyer Last week, I did a post about a memo from the U.S. Department of Labor, Wage and Hour Division addressing independent contractor misclassification under the Fair Labor Standards Act. That memo described six factors which the Labor Department says reflect the “economic realities” of when a worker is an employee or an…

Coming Soon to Congress: A New, Comprehensive LGBT Anti-Discrimination Bill

Discrimination

By Eric B. Meyer On Monday, I got into last week’s EEOC ruling that sexual-orientation discrimination is sex discrimination and, therefore, violates Title VII. Yesterday, I took up the First Amendment Defense Act, which has been described by the ACLU as “Indiana on Steroids.” On Thursday, make way for the Equality Act, according to Chris Johnson at the…

Why the EEOC Decision on Sexual Orientation Bias May Not Change Your Workplace

Discrimination bias

By Eric B. Meyer Last week, I briefly mentioned the EEOC’s recent decision, in which it concluded that Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law that bans employment discrimination based on race, color, religion, national origin, and sex, also forbids discrimination based on sexual orientation (e.g., lesbian, gay, bisexual). The EEOC concluded that sex…

The 6 Tell-Tale Signs That Someone is an Employee and Not a Contractor

Freelance contractor

By Eric B. Meyer In my younger days, I had a summer job in college where I clocked in at 9 and left at 5. They gave me a desk, a computer, training, a supervisor, job instruction, and a not-so-fat paycheck. But, at least, nothing got withheld from my paycheck. They called me an independent…

How Will the New Overtime Rules Play Out? Here’s How You Can Be Heard

Overtime overwork

By Eric B. Meyer A lot has been written over the past week few weeks since the U.S. Department of Labor announced its proposed change to the overtime rules. Both sides of overtime coin For example, there’s this article I read yesterday on The Washington Post website supporting the Labor Department’s proposal. The authors suggest that, while the…

Can Employees Steal Confidential Documents to Prove Discrimination?

Discrimination

By Eric B. Meyer You, the naive reader, may assume that California is the state with the most employee-friendly laws. And, while that may be true, New Jersey isn’t too far behind. For example, back in 2010, the New Jersey Supreme Court recognized in Quinlan v. Curtiss-Wright Corp. that, under certain circumstances, an employee could legally…

New Workplace Legal Issue: Discrimination by Association

Discrimination

By Eric B. Meyer We all know that the Americans with Disabilities Act makes its unlawful for an employer to discriminate against an individual on the basis of his or her disability. But, the Act has even broader protections for employees. The ADA expressly prohibits “excluding or otherwise denying equal jobs or benefits to a…

Appellate Court Throws Out Labor Department’s Internship Test

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By Eric B. Meyer If you thought you knew when to pay (or not pay) an intern, think again. A federal appellate court just blew up the U.S. Department of Labor’s spot. Allow me to explain. The Labor Department’s six-part internship test In 1947, the U.S. Supreme Court recognized that certain unpaid workers should…