Yesterday, the Supreme Court issued its opinion in Trump v. Slaughter. Under Article II, s. 1 of the Constitution, “The executive Power shall be vested in a President of the United States of America.” The Court held that the executive power includes the President’s authority to remove commissioners from the Federal Trade Commission (FTC)
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Pennsylvania Enacts the CROWN Act: What Employers Need to Know
On November 25, 2025, Gov. Shapiro signed the Creating a Respectful and Open World for Natural Hair (CROWN) Act into law. The new law amends Pennsylvania’s anti-discrimination law, the Pennsylvania Human Relations Act (PHRA) in a few important ways:Broadens the definition of “race” to include hair texture and hairstyles
The PHRA prohibits discrimination based…
Third Circuit on Computer Fraud and Abuse Act for Employees
New and interesting decision from the Third Circuit in NRA Group, LLC v. Durenleau and Badaczewski.The Computer Fraud and Abuse Act (CFAA) prohibits “access[ing] a computer without authorization” and “exceeding authorized access.” It imposes both civil and criminal liability. Here, the employer initiated CFAA actions against two former employees based on violations of the employer’s…
SCOTUS nixes universal injunctions
On its face, this case was about an executive order ending “birthright citizenship.” But, Friday’s decision in Trump v. CASA (Justice Barrett for the majority) was actually about the authority of district courts to grant “universal injunctions” – “the power to prohibit enforcement of a law or policy against anyone.”From a high-level policy perspective,…
SCOTUS: A Reverse Discrimination Claim is Just Another Discrimination Claim
Yesterday, the Supreme Court issued a unanimous decision in Ames v. Ohio Dept. of Youth Services. No surprises here. The plaintiff in Ames was a heterosexual employee who was passed over for a job in favor of a lesbian woman. Ames claimed that she was discriminated against based on her sexual orientation.
Justice JacksonSome…
New Third Circuit Religious Accommodation Case – Beards and Air Masks
PA Medical Marijuana and Employment Law
A quick slide presentation highlighting the key employment-related provisions of Pennsylvania’s Medical Marijuana Act (and some guidance on CDLs):
Third Circuit: Home Health Aide travel time between client sites is compensable under the FLSA
Time spent by Home Health Aides (HHAs) traveling between client sites is compensable time under the FLSA and therefore must be paid time. This remains true even if the HHA has some off-duty time immediately before or after the travel. DOJ v. Nursing Home Care Management, Inc. (3d Cir., Jan. 31, 2025).
President Trump Removes EEOC Commissioners and NLRB Member
President Trump removed a member of the NLRB, and two EEOC commissioners, leaving both without a quorum for the time-being. Can he do that? Under the statutory text of the NLRA, clearly no (it requires a hearing and neglect of duty or malfeasance). Under the statutory text of Title VII (re: EEOC), removal is not…
President Trump rescinds federal contractor affirmative action executive order
Earlier this week, President Trump signed a new executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. One major piece of this order is that it rescinds Executive Order 11246 (1965, since amended). EO 11246 generally required federal contractors to “take affirmative action to ensure that applicants are employed, and that employees are treated…


