Lee Tankle

Lee Tankle

McNees Wallace & Nurick LLC

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President Issues Executive Order Mandating Paid Sick Leave for Employees of Federal Contractors

As previously reported on this Blog, recent news reports indicated that President Obama would be issuing an Executive Order mandating paid sick leave for the employees of federal contractors. The President did just that on...more

9/14/2015 - DOL Domestic Violence Employee Benefits Executive Orders Federal Contractors Obama Administration PTO Sexual Assault Sick Leave Stalking Wage and Hour

President Obama to Issue Executive Order Mandating Paid Sick Leave for Federal Contractors

We recently learned that President Obama plans to issue an Executive Order mandating paid sick leave for employees of federal contractors and subcontractors. This comes as no surprise as the President has utilized his power...more

8/28/2015 - DOL Domestic Partnership Domestic Violence Executive Orders Federal Contractors Gender Identity Minimum Wage New York Times Obama Administration Service Contract Act Sexual Assault Sexual Orientation Discrimination Sick Leave Stalking Wage and Hour

DOL Reminds Businesses: Make Sure Your Contractors And Employees Are Properly Classified!

The U.S. Department of Labor Wage and Hour Division recently released new guidance for businesses in an attempt to provide clarity and notice to organizations that may have individuals performing services for them who are...more

7/21/2015 - 1099s DOL FLSA Independent Contractors Misclassification Wage and Hour

The Best Defense Against an FMLA Lawsuit: Training!

Quick. Answer this: if one of your employees tells his supervisor that he needs surgery and will miss 2-3 weeks of work, do your managers know what to do? Do they call the employee’s surgeon? (NO!) Do they know who to speak...more

6/24/2015 - Best Management Practices Employer Liability Issues FMLA Human Resources Professionals Liquidated Damages Training

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

6/17/2015 - Caitlyn Jenner Civil Rights Act Discrimination EEOC Employee Restrooms Employee Rights Employment Policies Gender Discrimination Gender Identity Hiring & Firing Human Rights OSHA Reasonable Accommodation Title VII Transgender UCLA

Should You Have an Anti-Bullying Policy in Your Workplace?

We have seen it before: boss shouts (or glares, or laughs) at subordinate, and subordinate’s feelings are hurt. But it’s not only feelings that are hurt, and angry bosses aren’t the only ones offending. Workplace bullying can...more

6/10/2015 - Bullying Employer Liability Issues Employment Policies Pending Legislation Title VII Workplace Bullying

Supreme Court: Motive Matters in Hiring Decisions

Last week, in EEOC. v. Abercrombie & Fitch Stores, Inc., the Supreme Court addressed religious accommodations under Title VII of the Civil Rights Act of 1964. The background of the case dates to 2008. A young woman...more

6/9/2015 - Abercrombie & Fitch Best Practices Disparate Treatment EEOC EEOC v Abercrombie Essential Functions Hiring & Firing Human Resources Professionals Job Applicants Religious Accommodation Religious Clothing Religious Discrimination SCOTUS Screening Procedures Title VII Undue Hardship

Are You Using The Correct FMLA Forms?

The United States Department of Labor (DOL) recently released new forms for employers to use when their employees are in need of leave under the Family and Medical Leave Act (FMLA). So… what’s changed (besides the form...more

6/4/2015 - Best Management Practices DOL FMLA Forms

New OFCCP Regulations Protecting LGBT Workers Now In Effect

As you may recall, last July, President Obama signed an Executive Order prohibiting federal contractors and subcontractors from discriminating on the basis of sexual orientation and gender identity. While many large federal...more

4/8/2015 - Employer Liability Issues Executive Orders Federal Contractors Gender Discrimination Gender Identity LGBT OFCCP Sexual Orientation Discrimination Subcontractors

Would You Like Fries . . . and an Unfair Labor Practice Charge with That?

Mainstream media, attorneys, and business owners are discussing the meaning and impact of a two paragraph press release issued on July 29 by the Office of the General Counsel of the National Labor Relations Board (NLRB). That...more

8/18/2014 - Employer Liability Issues Franchises Franchisors Joint Employers McDonalds NLRA NLRB Unfair Labor Practices

President Obama Signs Executive Order Prohibiting Federal Contractors from Discriminating Based on Sexual Orientation and Gender...

Frustrated with Congress's failure to pass the Employment Non-Discrimination Act (ENDA) and consistent with his recent Executive Order to raise the minimum wage to $10.10 per hour for employees of federal contractors,...more

7/24/2014 - Barack Obama Discrimination Employer Liability Issues ENDA Executive Orders Federal Contractors Gender Identity Minimum Wage Protected Class Sexual Orientation Sexual Orientation Discrimination

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination

The Equal Employment Opportunity Commission (EEOC) recently released updated enforcement guidance on pregnancy discrimination to help employers comply with both the Pregnancy Discrimination Act (PDA) and the Americans with...more

7/22/2014 - ADA EEOC Employee Rights Pregnancy Pregnancy Discrimination

Department of Labor Announces Proposed Rules to Raise the Minimum Wage for Federal Contract Workers; Federal Contractors Should...

In response to President Obama's Executive Order earlier this year, the Department of Labor has issued a Notice of Proposed Rulemaking (NPRM) to establish standards and procedures for raising the minimum wage paid to...more

6/23/2014 - DOL Executive Orders Federal Contractors Minimum Wage Wage and Hour Wages

Pennsylvania Supreme Court To Consider When a Public Sector-Related Entity May Subcontract Bargaining Unit Work to Private Sector...

In a case which will interest public and private sector employers alike, American Federation of State, County and Municipal Employees, District Council 87 v. Pa. Labor Relations Bd., the Pennsylvania Supreme Court is poised...more


Federal Judge Strikes Down Pennsylvania Same-Sex Marriage Ban

Earlier today, Harrisburg-based Federal District Court Judge John E. Jones, III, struck down Pennsylvania's ban on same-sex marriage. In this landmark ruling, Jones concluded that "same-sex couples who seek to marry in...more

5/21/2014 - DOMA Due Process Employee Benefits Marriage Marriage Equality Same-Sex Marriage SCOTUS US v Windsor

Employers Must Provide "Valuable Consideration" To Current Employees When Entering A Non-Compete Agreement During Employment

In a case of first impression for the appellate courts of this Commonwealth, the Pennsylvania Superior Court recently ruled in Socko v. Mid-Atlantic Systems of CPA, Inc. that language contained in an employment agreement...more

5/20/2014 - Consideration Employer Liability Issues Employer Mandates Employment Contract Hiring & Firing Non-Compete Agreements Socko

Can Telecommuting Be A Reasonable Accommodation Under The ADA?

Last month, in EEOC v. Ford Motor Company, the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) held for the first time that employers may be required to permit employees to telecommute as a...more

5/8/2014 - ADA Disability EEOC Employee Rights Employer Mandates Ford Motor Reasonable Accommodation Telecommuting

Employment Alert

In This Issue: EEOC's Latest Target - Severance Agreements; Pennsylvania's Unemployment Compensation Law May Require Employers to Provide Response to Unemployment Information Requests; and Supreme Court Clarifies that...more

4/7/2014 - EEOC Employer Liability Issues FICA Taxes SCOTUS Severance Agreements Severance Pay

Changes to Pennsylvania's Unemployment Compensation Law May Require Employers to Provide Response to Unemployment Information...

Some changes in Pennsylvania's Unemployment Compensation Law (the "UC Law") have sparked debate as to how the changes may impact employers....more

4/7/2014 - Request For Information Unemployment Unemployment Benefits

Federal Judge Dismisses EEOC Complaint Claiming "No Dreadlocks" Policy Discriminates Based On Race

Previously we told you that the U.S. Equal Employment Opportunity Commission (EEOC) was suing an Alabama insurance company for allegedly discriminating against African American job applicants because the company's grooming...more

4/4/2014 - Appearance Policy Discrimination EEOC Racial Discrimination

NLRB Rules That College Football Team Can Seek To Form A Union

As Americans across the country anxiously stare at their National Collegiate Athletic Association (NCAA) Division I Men's Basketball brackets, the Northwestern University Wildcats are dominating the headlines in both the...more

3/28/2014 - College Athletes NLRB Unions

New Regulations Governing Affirmative Action Requirements For Individuals With Disabilities And Protected Veterans Went Into...

Beginning yesterday, March 24, 2014, federal contractors and subcontractors have a number of new responsibilities. Contractors already have the existing obligation to collect demographic data regarding race and gender and...more

3/25/2014 - Affirmative Action Disability Hiring & Firing OFCCP Veterans Vietnam Era Veterans’ Readjustment Assistance Act

New Whistleblower Protections Now In Effect For Federal Contractors

By now, most federal contractors are aware of the new regulations that go into effect on March 24 requiring federal contractors and subcontractors to take affirmative action to recruit, hire, promote, and retain protected...more

2/3/2014 - Dodd-Frank Federal Contractors Whistleblower Protection Policies Whistleblowers

President Obama Announces Raise In Minimum Wage For Employees Of Federal Contractors

In the State of the Union Address, President Barack Obama announced that he planned to sign an Executive Order requiring that employees of federal contractors be paid at least a minimum wage of $10.10 per hour. This...more

1/30/2014 - Employee Rights Executive Orders Federal Contractors Minimum Wage Subcontractors

Supreme Court Rules That "Donning And Doffing" Protective Gear Subject To Collective Bargaining; Leaves Door Open For Future...

On Monday, January 27, 2014, the United States Supreme Court unanimously ruled that a group of unionized steel workers at U.S. Steel Corporation did not need to be compensated for the time they spent "donning and doffing"...more

1/29/2014 - Collective Bargaining FLSA Protective Gear SCOTUS Unions Wage and Hour

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