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It’s a New Year – With Many New State Minimum Wage Laws

The new year brings a host of new state wage and hour laws. Employers should take note that as of January 1, 2022, almost half of U.S. states increased their minimum wage rate. As a result, 30 states and the District of...more

Philadelphia Mandates Two Weeks of Paid Sick Leave for Workers Impacted by COVID-19

Continuing a national trend that has seen many cities and municipalities enact strong worker-protection laws, Philadelphia’s City Council has passed a sweeping new ordinance that makes two weeks of paid sick leave available...more

Court Finds Implied Wrongful Discharge Cause of Action Under PA Medical Marijuana Act

In a recent decision, a Pennsylvania county court ruled that the state’s Medical Marijuana Act creates a private cause of action for employees who have been terminated for their off-duty use of prescribed medical...more

New Jersey Federal Court Finds That Employee Medical Marijuana Use Need Not Be Accommodated at Work

In an unpublished, non-precedential, first-of-its-kind decision in New Jersey, a federal district court held that New Jersey employers are not required to accommodate an employee’s use of medical marijuana under the New...more

Pennsylvania Proposes Significant Changes to Its Minimum Wage and Overtime Rules

In January we reported on Pennsylvania Governor Wolf’s announcement of his proposal to raise the salary required for an employee to be exempt from the Pennsylvania Minimum Wage Act’s (PMWA) overtime pay requirements. The PMWA...more

DOL Issues Final Rule on FLSA Overtime Rules: Action Items for Employers

This week the U.S. Department of Labor (DOL) released final regulations regarding the Fair Labor Standards Act’s (FLSA) executive, administrative and professional overtime exemptions, also known as the “white collar”...more

Third Circuit Holds Companies in Bankruptcy Can Reject Expired CBAs

In a ruling that comes as a blow to organized labor and a boon to employers in bankruptcy, the U.S. Court of Appeals for the Third Circuit recently broke new appellate ground in holding that Section 1113 of the Bankruptcy...more

DOL Sets Its Sights on Small Businesses in Recent Joint Employer Guidance

The NLRB made a splash when it laid out a new standard to capture employers previously thought to be outside the “joint employer” net with its Browning-Ferris decision in April 2015, and now the Department of Labor is making...more

Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news,...more

Recent Prison Guard Case Frees Employers from Meal Period Uncertainty Under the FLSA

The U.S. Court of Appeals for the Third Circuit has provided some certainty to Pennsylvania, New Jersey and Delaware employers as to when employees’ meal breaks can be uncompensated and when they must be paid. In a split...more

2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the...more

Supreme Court Denies Pay for Security Check Time

So do all those Amazon.com workers filling your holiday orders need to be paid extra for undergoing security screenings at the end of their shift? The U.S. Supreme Court said no. The Court’s highly anticipated, unanimous...more

Supreme Court Holds That Items of Protective Clothing Are ‘Clothes’ for Purposes of the FLSA, and Questions the Viability of the...

The U.S. Supreme Court yesterday released its much-anticipated decision in the case of Sandifer v. United States Steel Corporation, and held that Section 203(o) of the Fair Labor Standards Act (FLSA) — which allows parties to...more

Labor And Employment Observer - 2013/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more

Supreme Court Decision Upholding Class Action Waivers is Good for Employers

On June 20, 2013, in a 5-3 decision, the U.S. Supreme Court ruled that the Federal Arbitration Act (FAA) does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost...more

Labor and Employment Observer 2012/2013

In This Issue: - Message from the Chair - A Second Obama Administration’s Impact on Labor and Employment Issues - Will There be Comprehensive Immigration Legislation After the 2012 Presidential...more

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