On July 23, 2024, Pennsylvania Governor Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the “Act”), which bans certain noncompete covenants, including patient nonsolicitation provisions, between an...more
7/29/2024
/ Employer Liability Issues ,
Employment Contract ,
Health Care Providers ,
Healthcare Workers ,
Hiring & Firing ,
Labor Reform ,
Labor Regulations ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Pennsylvania ,
Restrictive Covenants ,
State Labor Laws
On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania in ATS Tree Services, LLC v. Federal Trade Commission, declined to block the Federal Trade Commission’s (FTC) final rule that would cause most...more
The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens....more
1/4/2024
/ Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
No-Poaching ,
Section 5 ,
Sherman Act ,
Staffing Agencies
In response to rising COVID-19 case rates, on December 13, 2021, the Philadelphia Department of Health announced a vaccine mandate for patrons and staff of all establishments that sell food or drink for on-site consumption...more
12/15/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Food Service Workers ,
Infectious Diseases ,
Local Ordinance ,
Public Health Emergency ,
Restaurant Industry ,
Vaccinations ,
Workplace Safety
The Computer Fraud and Abuse Act (CFAA) is an anti-hacking statute making it illegal “to access a computer without authorization and to use such access to obtain or alter information in the computer that the accesser is not...more
On September 15, 2020, the United States Department of Labor assured existing, seasonal-based establishments they could engage in alternative activities to cope with the financial fallout from COVID-19, without losing their...more
9/23/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Guidance ,
Fair Labor Standards Act (FLSA) ,
Field Assistance Bulletins ,
Financial Distress ,
Infectious Diseases ,
Minimum Wage ,
Over-Time ,
Relief Measures ,
Seasonal Employment ,
Wage and Hour ,
White-Collar Exemptions
The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. But despite some expectations that the new makeup of the Court would be more divided than the previous...more
7/2/2019
/ ADEA ,
Arbitration ,
Auer Deference ,
BNSF Railway Company v Loos ,
Class Action ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Fiduciary Duty ,
Fort Bend County Texas v Davis ,
Henry Schein Inc v Archer and White Sales Inc ,
Kisor v Wilkie ,
Lamps Plus Inc v Varela ,
Mount Lemmon Fire District v Guido ,
New Prime v Oliveira ,
Outer Continental Shelf Lands Act ,
Parker Drilling Management Services Ltd v Newton ,
Railroad Retirement Tax Act (RRTA) ,
SCOTUS ,
Sex Discrimination ,
Wage and Hour ,
Yovino v Rizo
While the Federal Arbitration Act (“FAA”) broadly applies to a wide variety of employment and contracting arrangements, it does contain in Section 1 an exception excluding certain transportation workers from its coverage. ...more
1/24/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
Many businesses let out a sigh of relief after a federal judge issued a preliminary injunction halting the U.S. Department of Labor’s (DOL) final rule increasing the minimum pay requirements for exempt executive,...more
12/20/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Wage and Hour ,
Wages ,
White-Collar Exemptions
In Socko v. Mid-Atlantic Systems of CPA, Inc. (No. J-40-2015), the Pennsylvania Supreme Court ruled on an issue of first impression: whether the state’s Uniform Written Obligations Act (“UWOA”) allows employers to enforce a...more
In an opinion issued on July 23, 2015 in Sweet Street Desserts, Inc. v. Better Bakery, LLC, the United States District Court for the Eastern District of Pennsylvania underscored the need to think carefully before filing a...more