Joseph C. Korsak

There is a great battle going on between the federal government that doesn't like marijuana and the state governments that do. One thorny issue is for the state entities that get federal money are subject to the Drugfree Workplace laws. What will happen if medical marijuana is deemed as appropriate accommodation under the ADA? What happens when the employee takes a smoke break and comes back a tad silly (or hungry)? What a horrible mess has been created!!!

Employment restrictions, in particular, covenants not to compete, can be costly to employees. PA SB 1938 proposes to end the enforceability of all such restrictions. It is hard to believe that this change is proposed given the general sense of conservatism in the Commonwealth. One unusual provision makes this law enforceable only in a state court. If your opponent can remove a state cause to federal court, you would lose the benefit of the state law.

Employers are obligated to pay their employees for breaks of 20 minutes or less under the Fair Labor Standards Act, the U.S. Court of Appeals ruled in a precedential decision Friday. The court affirmed a district judge's ruling granting the Secretary of the U.S. Department of Labor's motion for partial summary judgment on its claims that Progressive Business Publications failed to pay minimum wage. According to Third Circuit Judge Theodore McKee's opinion, Progressive hourly employees were only paid so long as they were logged into their computers. While the company had eliminated paid 15-minute breaks, it allowed its employees to log off of their computers at any time, which Progressive calls "flexible time."

Pennsylvania federal district courts are now in conflict whether discrimination due to sexual orientation is covered by the EEO. The conflict will be determined by the Third Circuit Court of Appeals.

My areas of practice include Labor and Employment Law; general business; and securities arbitration.

Conference room discussion - I am discussing a case with a new client.