Non-Compete Phobia Written on March 12, 2015 Jim Prusinowski contributed to Non-Compete Phobia with author Susan Goldberg who is the owner of SGES, Susan Goldberg Executive Search Consulting, a boutique retained search firm based in New York. https://www.bluesteps.com/blog/non-compete-agreement

Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C.   An employer does not commit unlawful retaliation by asking laid-off employee agents to execute a waiver of discrimination claims in exchange for being offered the opportunity to serve as independent contractors after being laid off.   EEOC v. Allstate Ins. Co, _F.3d_, 2015 WL 619616 C.A. […]

Lauren Kavanagh, Esq.   Many different types of employers often use independent contractors for a variety of purposes in their businesses.  Often times, utilizing independent contractors may be cheaper and more flexible for employers than hiring employees.  Employers, however, should re-examine any independent contractor agreements they have in light of a recent wage and hour […]

Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C.   The District Court engaged in improper fact-finding, and applied the incorrect legal standard, in dismissing a public employee’s First Amendment retaliation claim.   Albert Flora, Jr. v. County of Luzerne, et al., _F.3d_, 2015 WL 178640, C.A. 3, (Penna.), January 15, 2015, available at www2.ca3.uscourts.gov/opinarch/141854p-1.pdf   […]

Lauren W. Kavanagh, Esq. Trimboli & Prusinowski, LLC   It is not uncommon for an employer to require that its employees proceed through a security check on a daily basis prior to beginning work and prior to leaving the building.  The United States Supreme Court has recently ruled that the time devoted to the security […]

Lauren W. Kavanagh, Esq. Trimboli & Prusinowski, LLC   It is imperative for employers to keep accurate time records of the hours their employees work.  However, in this era of cloud computing and smart-phones, employees are able to work off-site and outside of traditional business hours, and these hours could be difficult or impossible for […]

Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. In a case of first impression, the Third Circuit holds that the anti-arbitration provisions of the Dodd-Frank Act do not bar the arbitration of whistleblower claims brought under the whistleblower protection provisions of the Dodd-Frank Act.   Boris Khazin v. TD Ameritrade Holding Company, et al., _ […]

By: James T. Prusinowski, Esq. and Lauren W. Kavanagh, Esq. Trimboli & Prusinowski, L.L.C.   Small and midsized businesses more often than not rely upon referrals for work, new clients and customers.  Therefore, the reputation for the company is one of its largest assets and most coveted commodity.  If a business loses its reputation due […]

Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C.   An employee terminated following a disciplinary hearing over his misuse of employer property failed to present sufficient evidence to show that the employer’s decision maker was motivated by racial animus or retaliatory motive.   Joseph v. New Jersey Transit Rail Operations, Inc. ­— F.Appx. —-, 2014 […]

Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C.   A Philadelphia City Charter provision that prohibits City police officers from contributing to political action committees violates the First Amendment.   Lodge No. 5 of the Fraternal Order of Police v. City of Philadelphia, et al., ­— F.3d —-, 2014 WL 4056694, C.A.3 (N.J.), August 18, […]