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Circuit Court of Appeals Upholds Dismissal of ADA Lawsuit for Failure to Exhaust Administrative Remedies

In a 2-1 decision, a panel of the Third Circuit Court of Appeals upheld the dismissal of a retaliation suit under the ADA, where the claim was not included in, and did not relate to, the plaintiff’s original administrative...more

States of Flux — What Employers Need to Know About Election 2020 and New State Laws

With so much focus on the presidential election, there has been little mention of the meaningful changes to state laws approved by voters across the country. As noted below, many of these changes will have a significant...more

Pittsburgh Paid Sick Days Act Going Into Effect Amidst Uncertainty

On March 15, 2020, the long-awaited Paid Sick Days Act of the City of Pittsburgh (the Act) will go into effect. Originally enacted by the city in 2015, it took a 2019 decision of the state Supreme Court to re-define the...more

Circuit Court Once Again Reins in NLRB Over Jurisdiction

This week, the U.S. Court of Appeals for the District of Columbia Circuit decided the matter of Duquesne University of the Holy Spirit v. National Labor Relations Board, and held, once again, that the Board’s effort to extend...more

Harrisburg May Be on Cusp of Grand Compromise Regarding Employee Pay

While the U.S. Congress continues to struggle with the question of changing the minimum wage, it appears that the Pennsylvania legislature and the Governor’s Office may be close to a significant compromise on the subject that...more

DOL Announces Increased Salary Levels for White Collar Overtime Exemptions

On Tuesday, September 24, 2019, the U.S. Department of Labor released its much anticipated update to the regulations setting the thresholds for the executive, administrative, and professional (EAP) employee overtime...more

Fair Credit Reporting Act Requires Amended Notice

The Fair Credit Reporting Act (FCRA) governs virtually all pre-employment background checks of applicants done for employers by third parties. The FCRA is complete with a complicated sequence of mandatory notices and consents...more

Third Circuit Reversal on Sexual Harassment Claim References Revelations of “Me-Too” Era

In a July 3, 2018, opinion based in part on the revelations of the “Me-Too” era, the U.S. Court of Appeals for the Third Circuit held that an employee’s failure to report sexual harassment over a period of several years was...more

Supreme Court Reaffirms Use of Arbitration Agreements

Last week, the U.S. Supreme Court handed down a decision affirming the enforceability of those arbitration agreements in employment that prohibit collective actions; a decision that could significantly alter the landscape of...more

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