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Bare Minimum Mondays – An Exercise in Self-Sabotage

After the pandemic began to ease, and labor availability was the lowest in recent history, many employees found themselves working more and more to fill the gaps in the workforce. That led to the trend popularized a year ago...more

The National Labor Relations Board 2022 Year In Review

2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers. The Biden National Labor Relations Board (NLRB) dug in and got to work, reversing precedent and charting a course to reinterpret...more

Employers Must Think 3 Moves Ahead In Their Bid For Talent

Employers are facing an economic paradox. On one hand, employers are fighting incessant labor shortages. This has triggered a war for talent, which employers have waged against each other by offering ever-increasing and...more

American Motion Sickness: The Seesaw of Labor Availability

Despite our best attempts to suppress the memory, we all remember it well. Just over two years ago, the pandemic triggered state-ordered shutdowns. Our economy obviously slowed to a crawl, and employers everywhere...more

Allegheny County Paid Sick Leave Ordinance – Take Two

In January, we wrote about Allegheny County’s paid sick leave regulations that took effect in December 2021.  Now, we write to tell you that the regulations have changed.  The change will affect only one key industry –...more

Federal Contractors: Reminder of Approaching OFCCP Certification Obligations

Historically, the Office of Federal Contract Compliance Programs (“OFCCP”) has not required federal contractors to submit proof that their written affirmative action plans were completed.  The only time that a contractor had...more

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

The National Labor Relations Board 2020 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final...more

Vaccines: Where are We?

After the country waited with anticipation for the better part of a year for a vaccine that would return us to some sense of normalcy, the FDA finally approved two vaccines in December.  The plan was to vaccinate frontline...more

DOL Temporary Regulations Answer Questions About Employee Documentation Needed to Support Paid Sick and Family Leave Under the...

Yesterday, the Families First Coronavirus Response Act (FFCRA) became effective, granting eligible employees emergency paid sick leave and emergency paid family leave in response to COVID-19.  ...more

President Trump Signs Families First Coronavirus Response Act to provide Paid FMLA Leave and Paid Sick Leave in Response to...

Yesterday, President Trump signed into law historic legislation that will have a significant impact on a many employers nation-wide.  The legislation, called the Families First Coronavirus Response Act, has many provisions....more

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Supreme Court Rules Fair Share Fees are Unconstitutional

Yesterday, the Supreme Court issued its long-awaited opinion in Janus v. AFCSME , holding that requiring public sector employees to pay fair share fees to unions violates the First Amendment. ...more

Is the Inability to Perform the Required Duties of the Job Just Cause for a Public Employee’s Discharge? It Depends. (PART I)

In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more

White House Office of Management and Budget Hits the Pause Button on EEO-1 Compensation Data Requirement

Employers with 100 or more employees (and federal contractors with 50 or more employees) must submit an EEO-1 Report annually, detailing the race, gender, and ethnicity of its workforce. In September of 2016, the Equal...more

Class Action Settlement Reminds Employers that Job Duties – Not Job Titles – Rule FLSA Exemptions

In September of 2015, two delivery drivers filed a class action lawsuit in the United States District Court for the Middle District of Pennsylvania. The employees alleged that their former employer violated the Fair Labor...more

A Tale of Two Cities: The Demise of Pittsburgh’s Paid Sick Leave Ordinance and the Durability of Philadelphia’s

Back in 2015, Pittsburgh enacted a paid sick leave ordinance, following a trend among cities throughout the country. Pittsburgh’s paid sick leave ordinance required employers with fifteen employees or more to provide up to...more

The Other Shoe Drops (sort of): The Third Circuit Issues a Ruling on Class Arbitrability

In 2010, two employees filed a claim against their former employer, Robert Half International, Inc., alleging that it violated the Fair Labor Standards Act (“FLSA”). In addition to individual claims, the plaintiffs brought a...more

Compensation: Is it Becoming Employers’ Greatest Vulnerability?

A few weeks ago, a jury in New Jersey federal court found that Lockheed Martin discriminated against a former employee. The employee claimed that Lockheed violated federal and state laws by discriminating against him on the...more

Remember to Switch to New Version of I-9

Just over thirty years ago, Congress passed the Immigration Reform and Control Act (“the Act”). It requires that employers verify the identity and work authorization of the people they hire. It also mandates that such...more

Post-Election Impact – What’s a Federal Contractor to Do?

Back on September 7, 2015, President Obama signed Executive Order 13706, which requires that certain federal contractors provide their employees up to fifty-six hours of paid sick leave per year. In February of this year, the...more

Pennsylvania Charter Schools Are Subject to Jurisdiction of National Labor Relations Board

In a recent decision, the National Labor Relations Board confronted the issue of whether it has jurisdiction over The Pennsylvania Virtual Charter School (PVCS) – a school formed pursuant Pennsylvania’s Charter School Law. In...more

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