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Pennsylvania Supreme Court Widens the Gap Between PA and Federal Overtime Laws, Creating More Compliance Challenges for PA...

Last week, the Pennsylvania Supreme Court issued a decision that has broad implications for Pennsylvania employers. The Court’s decision in In Re: Amazon.com, Inc., which can be read here, established two important...more

EEOC Issues New Guidance on COVID-19 Vaccines

On May 28, 2021, the Equal Employment Opportunity Commission issued updated informal guidance on COVID-19 and the federal employment laws that it enforces.  This round of guidance focused on COVID-19 vaccines and their...more

U.S. Department of Labor Issues Guidance on the WARN Act and COVID-19

Employers who have had to implement mass layoffs and facility closures in response to the ongoing COVID-19 pandemic must ensure that they comply with the requirements of the federal Worker Adjustment and Retraining...more

Pennsylvania Senate Passes Minimum Wage Hike, and New State Overtime Exemption Regulations are Withdrawn

Major developments in the area of wage and hour law are happening right now in Harrisburg and happening quickly.  These developments may have a significant impact on Pennsylvania employers in 2020 and beyond....more

Get Ready: Significant Changes to Pennsylvania’s White-Collar Overtime Exemptions Are Almost Here

More than a year ago, in June 2018, the Pennsylvania Department of Labor and Industry (DLI) proposed new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would increase significantly the minimum salary...more

It’s Here! DOL Issues Final Rule Increasing The Minimum Salary Requirements For The FLSA Overtime Regulations

On September 24, the U.S. Department of Labor released its final rule changing the minimum salary requirements for the Fair Labor Standards Act’s “white-collar” overtime exemption regulations....more

DOL Weighs in on Independent Contractors in the Gig Economy

The issue of independent contractors and employment status continues to vex employers and present substantial liability risks. The employment laws generally cover only employees, not independent contractors. ...more

Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA

The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated...more

Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA

The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated...more

New Pennsylvania Law Allows Use of Payroll Debit Cards

We have been following litigation in Pennsylvania challenging the use of payroll debit cards by employers to pay employees. In one such case, the Pennsylvania Superior Court recently ruled that an employer violated the...more

Medical Marijuana is Legal in Pennsylvania . . . Does Your Drug Testing Policy Have to Go Up in Smoke?

On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related...more

When Must Meal Breaks Be Paid? Third Circuit Clarifies FLSA Test

Whether meal breaks count as compensable hours worked for non-exempt employees under the Fair Labor Standards Act can be a thorny issue for employers. The FLSA regulations provide that meal periods during which an employee is...more

Another Federal Court Finds "Fluctuating Workweek" Overtime Compensation Violates Pennsylvania Minimum Wage Act

Recently, Judge Mitchell Goldberg of the United States District Court for the Eastern District of Pennsylvania issued a decision in Verderame v. RadioShack Corp., finding that the "fluctuating workweek" method of overtime...more

Are Your Sales Employees Properly Classified as Exempt?

Many employers treat their sales employees as exempt from the Fair Labor Standards Act's overtime and minimum wage requirements. Regardless of whether they pay them a salary, commissions, or some combination of both,...more

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

The EEOC's Latest Target – Severance Agreements

Employers have long offered employees severance or other post-employment benefits in exchange for a waiver and general release of claims. Agreements of this kind often help make a difficult separation somewhat easier. By...more

Taking The Check Out Of Paycheck: The Legality Of Payroll Debit Cards

Recently, the practice of paying employees via payroll debit cards came under fire when an employee filed a class action lawsuit against her employer, a McDonalds' franchisee, alleging that payment of wages via a Chase...more

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