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You Can Now Get Privately Sued for Failing to Provide NYC Safe and Sick Leave

Effective March 20, employees in New York City can bring private actions against their employers for violations of the city’s Earned Safe and Sick Time Act, NYC Admin. Code § 20-911 et seq. ...more

Is Your Employee Handbook Legal Under The NLRA? Yet another new opinion from the Board says maybe not

On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023), announcing yet another test for determining whether employer policies that are facially neutral might...more

What to do if the FTC Bans Non-Compete Agreements

The Federal Trade Commission issued a proposed rule on January 5, 2023, that would ban the use of so-called “non-compete” agreements, which are often used in certain industries to protect intellectual property and the...more

When Are Employees Not Employees? An Ever-Changing Landscape

The Department of Labor recently issued a new proposed rule distinguishing between employees, who are covered by the Fair Labor Standards Act, and independent contractors, who are not. This follows on the heels of a rule...more

Do You Know Your Obligations to Transgender Employees and Job Applicants?

The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender...more

Potential Pitfalls in Your Remote Work Policy

Almost every business uses remote workers these days. But the potential pitfalls of remote work include potential legal liability if care isn’t taken to ensure legal compliance....more

New Regulations Regarding Tipped Employees in Pennsylvania

Pennsylvania employers must take note of major changes to Pennsylvania’s regulations regarding tipped employees that will take effect on August 5, 2022. Many of these changes differ from federal law, but must be followed,...more

A Suspended Employee is Still an Employee Under the ADA

Picture the following scenario: An employee engages in misconduct at work that results in suspension pending investigation and would normally probably end in termination. But at the time of the suspension, the employee...more

Under the ADA, Mental Illness is Illness too

A recent EEOC case involving an executive who was fired after having an episode of depression underlines the importance of accommodating mental disabilities under the Americans with Disabilities Act (“ADA”). In Equal...more

What Are The Limits Of A Court’s Ability To Enforce A Non-Compete Agreement?

The parties in the case of Daneshgari v. Patriot Towing Services, LLC, No. A21A0887 (Ga.App. Oct. 21, 2021), had entered into a four-year non-compete agreement in June of 2016 that Daneshgari and his partner began to violate...more

LMRA Defense to BIPA Lawsuits in Illinois

Unionized employers in Illinois may have a useful defense to expensive employee BIPA lawsuits: the management rights clause and federal preemption law. A grievance might be a lot cheaper than a lawsuit....more

Third-Party Reports and Discrimination

On January 27, 2021, the Third Circuit Court of Appeals let employers know that they cannot use recommendations from psychologists to justify disability discrimination in hiring. In Gibbs v. City of Pittsburgh, 989 F.3d 226...more

Stokes Wagner Quarterly Legal Update - March 2021

Anticipated Changes in Labor Law Under the Biden Administration - With a new administration in place since January 20, 2021, companies can anticipate some significant changes in labor and employment law, mostly favoring...more

DOL's New Tip Rules Delayed

The U.S. Department of Labor has delayed for at least 60 days implementation of changes to the tip credit rules that would have taken effect on March 1. This delay cites the January 20, 2021, memorandum “Regulatory Freeze...more

New York Unemployment Benefit Changes

As part of his State of the State address on January 11, 2021, Governor Cuomo announced changes in the calculation of unemployment benefits for part-time workers in New York. Previously, unemployed workers’ weekly benefits...more

New Tipping Regulations Will Take Effect March 1, 2021

The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers....more

Pennsylvania Makes Significant Changes to Wage Law

Exemption from overtime is dependent on two factors: an employee’s salary and an employee’s duties. Effective October 3, 2020, new regulations issued by Pennsylvania’s Department of Labor and Industry took effect....more

Updates to New York Sick Leave Law

On September 30, employees of private employers in New York state will begin to accrue paid sick leave as a new law signed by Governor Cuomo on April 3, 2020, begins to take effect. The law requires most private employers in...more

New FMLA Forms from the US Department of Labor

On July 17, 2020, the U.S. Department of Labor released new forms for Family and Medical Leave Act (“FMLA”) leave. Their stated purpose is to make the process easier, ensure the completeness of the necessary information, and...more

NLRB Redefines “Union Solicitation”

Many employers have “no solicitation” policies for the workplace, prohibiting employees from soliciting for causes of any kind at work. These policies can be tricky to enforce when union solicitation is at issue....more

New Pittsburgh Paid Sick Leave Law

Beginning on March 15, 2020, employers will have to begin providing their Pittsburgh employees with paid sick leave pursuant to a Pittsburgh ordinance passed in 2015. Now that it has cleared judicial hurdles, the new law will...more

Proposed NLRB Rules Make It Easier for Employees to Exercise Choice About Representation

On August 9, the National Labor Relations Board released three proposed new rules designed to ease employees’ ability to avoid unionization or decertify unions. The first amendment modifies the Board’s current policy...more

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