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Real Estate and Construction Newsletter - February 2018

Pennsylvania Construction Contractors Under The Gun For Misclassifying Employees As Independent Contractors - Pennsylvania has been sending a strong message to contractors that it is enforcing a law penalizing contractors...more

Employment Law 2017 Year in Review

While the buzz and publicity on the issue has been mainly contained to the worlds of politics, media and entertainment, with recognizable names such as Harvey Weinstein, Kevin Spacey, and Louis C.K. all facing...more

NLRB Rolls Back Expansive “Joint Employer” Standard

In a 3-2 vote along party lines, the Republican-appointed National Labor Relations Board members overruled the joint employer standard set during the Obama era. The vote reverts to a more stringent test under which employers...more

New EEO-1 Pay Reporting Requirements Suspended Indefinitely

Larger employers no longer have the immediate worry about collecting and analyzing pay data to complete the federal EEO-1 employment report. The end of September was traditionally the deadline by which companies with more...more

Check the DOL’s Overtime Rule for a Pulse

By now, you’ve likely heard that the U.S. Department of Labor’s overtime rule – which would have doubled the salary threshold to qualify for the Fair Labor Standards Act’s white collar exemptions -- was struck down by a Texas...more

DOL Signals Change May Be in Store for Overtime Rule

Department Secretary Alexander Acosta first sent a “request for information” on the overtime rule to the White House’s Office of Management and Budget for its review and approval. Such a request is typically made when the...more

DOL Once Again Welcoming Requests for Opinion Letters

In welcome news to employers – and their counsel – U.S. Department of Labor Secretary Alexander Acosta announced in late June the department will return to its previous long-standing practice of issuing opinion letters....more

Federal Appeals Court Includes Sexual Orientation in Title VII Protection for First Time

A landmark decision from a federal appeals court declared for the first time that sex discrimination includes discrimination on the basis of “sexual orientation” under Title VII....more

Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions

A recent consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and a southeastern Pennsylvania company is a reminder for employers to keep employment records regarding the use of criminal background...more

Mandatory Use of Payroll Debit Cards Violates Pennsylvania's Wage Payment and Collection Law

Over 2,300 current and former employees of 16 McDonald’s franchisee locations in Pennsylvania claimed that mandatory use of payroll debit cards violates the Pennsylvania Wage Payment and Collection Law (“WPCL”), and the...more

Review Severance Agreements For Unlawful Anti-Whistleblower Provisions

On Wednesday, the U.S. Securities and Exchange Commission (SEC) settled with Atlanta-based BlueLinx Holdings over claims that the publicly traded building products distributor’s severance agreements stifle protected...more

BREAKING NEWS - The DOL Issues the Final Version of its Much-Anticipated Overtime Regulations

The U.S. Department of Labor (DOL) has issued the final version of its long awaited federal overtime regulations, which are anticipated to expand the overtime requirements to nearly 4.2 million workers. The rules will go into...more

The Federal Defend Trade Secrets Act - Immediate Implications for Businesses That Utilize Employment Agreements and Contracts To...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which provides uniform federal protection for trade secrets and confidential business information. The DTSA received bi-partisan...more

Another Statute With Broad Whistleblower Protections - The FDA's Food Safety Modernization Act (FSMA)

In April, the U.S. Occupational Safety and Health Administration (OSHA) issued its final rule governing unlawful retaliation against workers who complain about or disclose food safety concerns to their employer or to OSHA....more

U.S. Supreme Court Approves Trial By Formula in Wage and Hour Class and Collective Actions Making It Easier For Workers To Prove...

Last week, the U.S. Supreme Court issued a ruling in the case of Tyson Foods, Inc. v. Bouaphakeo that will have major implications for wage and hour class and collective actions. The Court’s ruling removes the requirement...more

DOL's Final Overtime Rule Sent to OMB - Likely To Be Published Late Spring

Recently, the U.S. Department of Labor (DOL) sent its much anticipated final rule expanding overtime protections to millions of employees to the Office of Management and Budget (OMB) for review – the final step in the process...more

U.S. Supreme Court Rules That Unaccepted Settlement Offers and Offers of Judgment Can't End Consumer Class Action Lawsuits

Last week, the U.S. Supreme Court limited a tool that defendants had used to settle costly class action litigation through settlement offers and offers of judgment. In the case of Campbell-Ewald v. Gomez, the Court held that...more

Third Circuit Holds That Jury Must Decide If Temporary Workers Are Employees Under Anti-Discrimination Laws

Last week, the United States Third Circuit Court of Appeals reversed a trial court’s grant of summary judgment to retailer Tuesday Morning, Inc. in the case of Faush v. Tuesday Morning, Inc. In that case, Matthew Faush, a...more

McDonald's Mandatory Use of Payroll Cards Violates Pennsylvania's Wage Payment and Collection Law

Over 2,300 current and former employees of 16 McDonald’s franchisee locations in Pennsylvania claim that requiring the use of payroll debit cards to get paid violates the Pennsylvania Wage Payment and Collection Law (WPCL),...more

6/10/2015  /  Popular

Keep an Eye on Executive Orders and Presidential Memoranda for Key Employment Initiatives in 2015

With Republicans in control of both the Senate and the House of Representatives, the showdown between President Obama and Congress on the labor and employment front promises to continue into 2015. Expect to see the...more

Who Needs Rules? The DOL Wins Supreme Court Battle In Mortgage Loan Officer Administrator Interpretation vs. Rule Making

When a federal agency deviates significantly in its historic interpretation of a regulation – in this case, doing a complete 180° on whether mortgage loan officers are exempt from overtime under the Fair Labor Standards Act –...more

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