Robert W Small

January 04, 2022 | Texas Lawyer

Braidwood asserted that its constitutional right of free association, which includes the right to not associate, compels an exemption from Title VII.

By Robert W. Small

15 minute read

October 29, 2019 | The Legal Intelligencer

Tip sharing and tip pooling long have been a part of wage-and-hour law concerns for those in the hospitality industry. Their use derives mainly from a credit (the tip credit) employers may take against their minimum wage obligations.

By Robert W. Small

12 minute read

November 11, 2015 | The Legal Intelligencer

You are a Pennsylvania employer operating a retail establishment. Your employees are hired "at-will." One of your employees observes a customer shoplifting. The employee confronts the shoplifter and escorts him to a private room where that employee and another begin to question him. While awaiting arrival of the police the shoplifter pulls a weapon. The two employees disarm and subdue the shoplifter until the police arrive. The shoplifter is arrested for various criminal law violations and removed from your premises. Although admiring the employees for safeguarding your property, you have a policy that provides that if a shoplifter is believed to have a weapon he should not be approached and that if, during a confrontation, it is discovered that the shoplifter has a weapon, employees must break off the confrontation and withdraw to a safe place. Based on what occurred, you terminate the employment of the two employees who confronted the shoplifter for violating your policy. Do the employees have a claim for wrongful termination of their employment?

By Robert W. Small

9 minute read

November 10, 2015 | The Legal Intelligencer

You are a Pennsylvania employer operating a retail establishment. Your employees are hired "at-will." One of your employees observes a customer shoplifting. The employee confronts the shoplifter and escorts him to a private room where that employee and another begin to question him. While awaiting arrival of the police the shoplifter pulls a weapon. The two employees disarm and subdue the shoplifter until the police arrive. The shoplifter is arrested for various criminal law violations and removed from your premises. Although admiring the employees for safeguarding your property, you have a policy that provides that if a shoplifter is believed to have a weapon he should not be approached and that if, during a confrontation, it is discovered that the shoplifter has a weapon, employees must break off the confrontation and withdraw to a safe place. Based on what occurred, you terminate the employment of the two employees who confronted the shoplifter for violating your policy. Do the employees have a claim for wrongful termination of their employment?

By Robert W. Small

9 minute read

June 30, 2015 | The Legal Intelligencer

The Americans with Disabilities Act prohibits discrimination in the workplace based on an employee's disability where a qualified employee can perform the essential functions of a job with or without reasonable accommodation. The ADA prohibits employers from soliciting medical information from employees which could be used to discriminate on the basis of a disability.

By Robert W. Small

8 minute read

June 29, 2015 | The Legal Intelligencer

The Americans with Disabilities Act prohibits discrimination in the workplace based on an employee's disability where a qualified employee can perform the essential functions of a job with or without reasonable accommodation. The ADA prohibits employers from soliciting medical information from employees which could be used to discriminate on the basis of a disability.

By Robert W. Small

8 minute read

May 07, 2013 | The Legal Intelligencer

The use of social media in the workplace is expanding exponentially. More and more employers have adopted social media policies, reflecting a growing awareness of the need to use social media and monitor employees' use of social media in appropriate ways.

By Robert W. Small

8 minute read