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 .

Appellate Court Throws Out Labor Department’s Internship Test


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…

5 Ways Smart, Proactive Employers Can Prepare Now for the New OT Rules


By Eric B. Meyer Somewhere between the time that I took this selfie at the start of my FMLA/ADA session at the Society for Human Resource Management’s annual Conference & Exhibition in Las Vegas, and a few minutes later when the laptop with my PPT lost power, the U.S. Department of Labor decided it was time to…

What the Court’s Same-Sex Marriage Decision Means For the Workplace


OK, presumably I’m not the only employment lawyer trying to apply the U.S. Supreme Court’s decision in Obergefell v. Hodges to the employer-employee relationship. But, I can guarantee that this will be the best post you read about it today. In case you’re just returning from a long-weekend sojourn to Mars, on Friday, the Supreme…

Because of the ADA, You Really Need to Update Your Job Descriptions

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By Eric B. Meyer Did you know you need to update your job descriptions because of the Americans with Disabilities Act? This is a friendly reminder. Just because your job description might say what an employee is supposed to do, it doesn’t mean that’s what your employee actually does. And, in an Americans…

Appeals Court Ruling Could Protect “the Most Frivolous” FMLA Requests


By Eric B. Meyer Yep, in this precedential opinion in Hansler v. Leigh Valley Hospital Network, the Third U.S. Circuit Court of Appeals in Philadelphia created a Family and Medical Leave Act loophole that could protect “the most frivolous leave requests.” Folks, if your business is covered under the FMLA, and you’ve ever had…

A Good Rule to Remember: Bad Workplace Emails Never, Ever Go Away


By Eric B. Meyer Not a day goes by — or, so it seems — that an employee isn’t making headlines for some social media stupidity that results in losing a job. But, social needs to keep its ego in check and pay respect to the true OG that paved the way. Yeah, son — email. As…

Get Me to the Church … To Reasonably Accommodate My Disability

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By Eric B. Meyer Let’s say that you have an employee who suffers from anxiety and stress. The employee is very religious and her doctor encourages her to attend church on Sundays. Not only does church provide fulfill her spiritually, but it helps to lower both the stress and anxiety and significantly reduce…

Company Ordered to Re-Hire Employee Fired For “Racist, Offensive” Speech


By Eric B. Meyer An employee was caught on video saying to black employees, “Hey, did you bring enough KFC for everyone?” and “Hey, anybody smell that? I smell fried chicken and watermelon.” The company had a strict anti-harassment policy. So, after learning about the comments, the company fired the employee. So, what…

How Do You Accommodate Employees With a Fragrance Allergy?

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By Eric B. Meyer Your employee has a fragrance allergy. What does the ADA — the Americans With Disabilities Act — require you to do? This can be a really difficult situation. Just ask a local Pennsylvania employer. In Brady v. United Refrigeration, Inc., the plaintiff suffered from heightened sensitivity to perfumes, fragrant…

Senators Make New Push For Federal Pregnancy Accommodation Law

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By Eric B. Meyer Yesterday, on the heels of the Supreme Court’s recent decision in Young v. UPS, Sen. Bob Casey, D-PA, brought the Pregnant Workers Fairness Act back to the Senate. The Act, which is modeled after the Americans with Disabilities Act, makes it an unlawful employment practice for employers to: