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Senate Confirms President Trump’s Pick for National Labor Relations Board General Counsel

In September, President Trump nominated management-side labor and employment lawyer Peter Robb to replace Richard Griffin, whose term expired on November 4, 2017, as general counsel to the National Labor Relations Board. ...more

What Does Attorney General’s Memo on Transgender Rights Mean for Employers?

LGBTQ workplace rights is perhaps the most rapidly evolving area in employment law. On October 4, 2017, United States Attorney General Jeff Sessions formally weighed in on the topic. He issued a memorandum to all federal...more

Third Circuit Holds that A Single Word Can Lead to Liability for Hostile Work Environment

Most employers take proactive steps to prevent and eliminate workplace harassment. Until recently, courts recognized and rewarded the proactive approach. Businesses in Pennsylvania, New Jersey and Delaware could avoid...more

Pennsylvania Supreme Court Decision in Protz Marks Major Change in Workers’ Compensation Law

Prior to June 20, 2017, a powerful tool was available to employers and workers’ compensation carriers to cap exposure on long term workers’ compensation claims. That tool, provided by the Act 44 amendments in 1996, was...more

Breaking New Ground: Seventh Circuit Rules that Title VII Protects Sexual Orientation

Workplace rights for LGBT individuals has been a rapidly developing area of the law. A little over two years ago, former President Obama signed an executive order prohibiting federal contractors from discriminating against...more

D.C. Circuit Questions Validity of the NLRB’s Joint Employer Standard

In 2015, we discussed the new joint-employer standard that was articulated by the National Labor Relations Board in Browning-Ferris Industries of California, Inc. As a reminder, the NLRB held that a joint-employer...more

PA Employers Must Pay Unemployment Taxes Electronically in 2017

The Pennsylvania Department of Labor and Industry recently announced that all employers in the Commonwealth will be required to pay their share of unemployment compensation taxes online. The new rule takes effect January 1,...more

How to Keep Your Holiday Party off of the Naughty List

With the holiday season officially upon us, many employers are finalizing plans to host a party for their employees. These festivities offer a time for colleagues to celebrate the year’s accomplishments, to extend season’s...more

Public Employers in PA Required to Bargain over Attendance Policies with Disciplinary Provisions

Public employers in Pennsylvania beware: if you implement an attendance policy designed to get your employees to show up for work, you may commit an unfair labor practice! If your employees are represented by a labor union,...more

Revised I-9 Form Must Be Used in 2017

U.S. Citizenship and Immigration Services (UCIS) has released a revised version of the I-9 Employment Eligibility Verification Form. The revised form must be used exclusively beginning on January 22, 2017; until then,...more

Permanent Injunction puts Persuader Rule on the Ropes

Earlier in the year, we reported on a temporary injunction issued by a federal district court Judge in Texas. The injunction prevented the Department of Labor from enforcing the so-called “persuader rule.” The rule sought...more

New FLSA Regulations are Still on Track Despite House Vote

On September 28, 2016, the United States House of Representatives passed a bill that would postpone implementation of the FLSA’s new salary threshold for “white-collar” overtime exemptions. As we noted earlier this month, the...more

Wage and Hour Claims Surge in the Oil and Gas Industry

Since 2012, the United States Department of Labor (DOL) reports that it has recovered over $40 million in back wages for employees in the oil and gas industry.  Employers in the industry can expect claims to rise as the DOL...more

Judge Puts Brakes on Department of Labor’s “Persuader Rule”

The United States Department of Labor issued regulations earlier this year finalizing the “Persuader Rule.” Under the new Rule, employers and consultants (including lawyers) would be required to report labor relations advice...more

Constructive Discharge: Supreme Court Sets the Clock in Employees’ Favor

On May 23, 2016, the Supreme Court of the United States ruled that the filing period for constructive discharge claims, which can be filed pursuant to many different employment laws, begins to run upon an employee’s...more

Job Seekers with Criminal Records Get Second Chance with New Law

There has been a lot of buzz recently about “ban the box” initiatives prohibiting employers from asking job applicants about their criminal records.  Proponents of these initiatives argue that employers should not consider an...more

EEOC Announces Proposed Collection of Pay Data with EEO-1 Reports

The federal government’s enforcement efforts relating to equal pay are intensifying after President Obama’s recent announcement that the Equal Employment Opportunity Commission (EEOC) will begin to collect expanded...more

Third Circuit Opens a New Avenue of Liability to Temporary Employees

When it comes to using temporary employees, the set-up is all too familiar. An employer engages a staffing firm, which hires, pays, and places temps to meet the employer’s needs. The employer’s costs are fixed and payable...more

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