Jodi M. Frankel

Jodi M. Frankel

McNees Wallace & Nurick LLC


Latest Publications

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Interpretation Letter Permits Union Organizers To Be Employee Representatives During OSHA Inspections At Non-Union Worksites

The Occupational Safety and Health Administration (“OSHA”) recently released a Letter of Interpretation authorizing employees at non-union workplaces to designate union organizers to act as their employee representative...more

5/22/2013

NLRB'S Notice Posting Rule Invalidated By DC Court Of Appeals

On May 7, 2013, a three-member panel of the U.S. Court of Appeals for the DC Circuit vacated the NLRB's Notice Posting Rule, originally issued by the Board in August 2011. The Rule required that virtually all private-sector...more

5/9/2013 - First Amendment NLRA NLRB Posting Requirements

New Form I-9 Required Beginning May 7

U.S. Citizenship and Immigration Services (USCIS) recently released the revised Employment Eligibility Verification Form I-9, which employers are required to use to verify the identity and employment authorization of newly...more

4/29/2013 - Eligibility Employer Liability Issues Forms I-9 ICE USCIS Verification Requirements

Supreme Court Reverses Third Circuit Decision Precluding Early Use Of Offer Of Judgment To Defeat An FLSA Collective Action

In 2011, the Third Circuit held that a pre-certification offer of judgment made by a defendant-employer to an individual plaintiff would not require dismissal of the plaintiff's entire FLSA collective action, even if the...more

4/22/2013 - Collective Actions FLSA Mootness SCOTUS Settlement Wages

PA Child Labor Act Modernizes And Clarifies Work Hour Restrictions for Minors In Time For Summer Hiring Season

With spring upon us and warmer temperatures hopefully just over the horizon, many employers are beginning to recruit high school students for after-school and summer employment. When doing so, employers must be aware of...more

3/21/2013 - Child Labor FLSA Minors Permits Recordkeeping Requirements

Pennsylvania Regulatory Review Panel Disapproves Of L&I's New UC Active Work Search Requirements

In the past year there has been a flurry of activity in the courts and the General Assembly surrounding the availability of unemployment compensation benefit to employees within the state. To start off 2012, amendments to the...more

2/22/2013 - Active Work Search Requirements Department of Labor & Industry IRRC Unemployment Benefits Unemployment Compensation System

Employee's History Of Absenteeism Sufficient To Deny UC Benefits Even If Final Incident Justified

Historically, in determining whether an employee discharged for absenteeism and tardiness was eligible for unemployment compensation benefits, the court’s analysis had focused on the final incident that led to termination....more

2/20/2013 - Absenteeism Employee Benefits Hiring & Firing Unemployment Benefits Willful Misconduct

Employers Required To Display New FMLA Poster By March 8, 2013

In 2009, the Family and Medical Leave Act (“FMLA” or “Act”) was amended to expand military leave entitlements available under the Act. Last week, the Department of Labor (“DOL”) issued new regulations implementing and...more

2/18/2013 - FMLA Military Caregiver Leave Posting Requirements Qualifying Exigency Leave

DOL Issues Guidance On Definition Of "Son Or Daughter" Under FMLA

The Department of Labor (DOL) recently issued additional guidance to employers regarding the definition of “son or daughter” under the Family Medical Leave Act (FMLA) as it relates to an adult child. Under the FMLA, an...more

2/1/2013 - ADA ADAAA Adult Children Disability DOL FMLA Medical Leave Military Caregiver Leave Son or Daughter

Many Companies Placing Emphasis On Cultural Fit Over Qualifications When Hiring New Employees

A client shared an interesting article that appeared recently in BusinessWeek which highlights a growing emphasis among H.R. professionals and job interviewers in finding job candidates that are a good “cultural fit” for an...more

1/17/2013 - Cultural Fit Hiring & Firing Human Resources Professionals Recruitment Policies

Nonresident, Out-of-State Workers Not Protected By PHRA

Earlier this month, a federal judge in Pennsylvania ruled that the protections of the Pennsylvania Human Relations Act (“PHRA” or “Act”) do not extend to employees who neither live nor work in Pennsylvania. The PHRA is...more

12/29/2012 - Age Discrimination Discrimination PHRA Sex Discrimination

Healthcare Reform Update: Recent Federal Guidance Focuses On 2014

With the re-election of President Obama in November, the Patient Protection and Affordable Care Act (a.k.a. "healthcare reform" or "Obamacare") survived its second major challenge in 2012. Many employers had been awaiting the...more

12/7/2012 - Affordable Care Act DOL HHS IRS

EEOC Releases Strategic Enforcement Plan

The Equal Employment Opportunity Commission ("EEOC" or the "Agency") recently released a draft of its Strategic Enforcement Plan for Fiscal Years 2012 through 2016. The Agency has requested public comment on the Plan, which...more

11/21/2012 - Anti-Retaliation Provisions Discrimination EEOC Hiring & Firing Migrant Workers Recruitment Policies Strategic Enforcement Plan

Health Care Reform Update - Five Compliance Issues Employers Should Focus on Now

The Patient Protection and Affordable Care Act (“PPACA”), otherwise known as Health Care Reform, is now 2 ½ years old. It narrowly survived its first major legal challenge with the Supreme Court’s decision in July. PPACA...more

11/14/2012

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