Lamberton Law Blog

Stay current on the latest Firm news and developments in employment law

How to negotiate for a raise

While working women have made great strides in recent decades, as evidenced by higher earnings, greater occupational diversity and a larger presence in leadership positions and entrepreneurial fields, they still face unique barriers in the U.S. workforce. Women are more likely to live in poverty...

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The most overused tool in a litigator's toolbox

From Meyer v. Snyder's Lance, Inc., Case No. 4:12-CV-215 (COL) (M.D. Ga.): Defendant's Motion to Dismiss is another example of what Twombly and Iqbal have wrought-a compulsion to file a motion to dismiss in every case. The Supreme Court' s statement in Bell Atlantic Corp. v. Twombly, 550 U.S...

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Parity for mental health benefits

The Departments of Labor, Health and Human Services and the Treasury recently issued a final rule increasing parity between mental health/substance use disorder benefits and medical/surgical benefits in group and individual health plans. The final rule implements the Paul Wellstone and Pete...

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FMLA supports servicemen and women

Earlier this year, the Department of Labor issued a final rule implementing recent amendments that expanded the FMLA to meet the unique challenges confronting military families and those who care for our wounded warriors. Serving your country is an honorable and rewarding career, but one that...

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Motley Crue and but-for causation

Not long ago, a friend asked me why I traveled from Pittsburgh to Las Vegas to see Motley Crue perform at The Joint at the Hard Rock Cafe. My reply was simple. Because, I told him, Motley Crue writes great rock-n-roll songs. Because the band members are good musicians. Because the Crue always...

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Wall Street litigation leads to important workplace reforms

Bank of America agreed on Friday to pay $39 million to women who worked in its Merrill Lynch brokerage operation, another costly settlement of a discrimination case filed by its employees. The agreement, filed Friday evening in a federal court in Brooklyn, was the second by the nation's largest...

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Workers can't survive on the minimum wage

From Secretary of Labor Tom Perez - To create opportunity for American workers, we must ensure that they can earn enough to support a family and afford life's very basics. Tomorrow, it will be exactly four years since our low-wage workers last saw a raise. Now more than ever, we must renew the...

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The broken bargain for LGBT workers

The basic American bargain is that people who work hard and meet their responsibilities should be able to get ahead. This basic bargain is not just an idea—it is embedded in laws that promote equal access to jobs and that protect workers from unfair practices. For workers who are lesbian, gay...

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More on unpaid internships

The Post-Gazette's Michelle Hackeman interviewed us for this wonderful piece on unpaid internships and the Fair Labor Standard Act. As Michelle reports, college students seek internships to gain job experience and learn what cannot be learned in a classroom. That experience is supposed to give...

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CNBC Special Report, Charles Lamberton discusses paid sick leave

In this CNBC Special Report, I discuss the lack of paid sick leave in the United States with CNBC's Mark Koba. The United States is the only advanced Country on Earth that does guarantee some form of paid sick leave for employees when they are sick or injured. The absence of paid sick leave...

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More on employers' use of credit reports

Employers across the country are now using credit reports to as a part of their hiring procedures. Use of credit reports in the application process is becoming a standard practice. Even employers outside of the financial industry are using credit reports as a screening tool. Using credit reports...

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They violated the Hatch Act

That's what we told Connor Adams Sheets of the International Business Times who interviewed us for his recent exclusive report on the politically charged, anti-Obama, anti-Democrat emails exchanged among several federal employees during work hours and using federal computer systems. As Connor...

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Pass the Pregnant Workers Fairness Act

A report released last week by two legal advocacy groups found pregnant workers are routinely discriminated against when they need accommodations due to the physical demands of pregnancy. The DC-based National Women's Law Center and Better Balance in New York found that women workers around the...

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Elizabeth Warren decries lack of professional diversity on federal courts

From Think Progress/ Justice By Nicole Flatow on Jun 18, 2013 at 1:30 pm Sen. Elizabeth Warren (D-MA) brought renewed attention to the critical battle over nominees to the federal courts Thursday evening, in remarks that blasted the "corporate capture" of the federal courts, and called on those...

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The Black Swan case, the FLSA and you

Check out our recent interview with the Pittsburgh Business Times on the "Black Swan" unpaid intern case. Now is the time for employers to review their internship programs and check, re-check and then check again that they are not misclassifying employees as unpaid interns. The internship...

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