As we previously posted, the City of Philadelphia announced that vaccines will be mandatory for healthcare workers and those at colleges and universities in the city, absent a religious or medical exemption, beginning on...more
This week, the City of Philadelphia announced a number of new COVID restrictions and mandates in an effort to curb the spread of the Delta variant, and warns that further action may be necessary if case counts continue to...more
On August 12, 2021, the new General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer Abruzzo, announced her intention to target certain legal decisions issued in the last four years that she described...more
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) establishes rights and benefits for employees and employment applicants who have served in the military or have engaged in other forms of...more
The City of Philadelphia announced new masking restrictions on August 11. Beginning at 12:01 a.m. on August 12, indoor businesses and institutions in Philadelphia must either require masks for employees and customers or...more
On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated...more
Within hours of his inauguration, President Biden broke with tradition by firing the General Counsel of the National Labor Relations Board (NLRB) after he refused to resign. Some companies have claimed that this decision was...more
In October 2020, Pennsylvania regulations took effect that increased the salary threshold for exempt employees to the federal level, and would have increased the threshold above the federal minimum beginning in October 2021....more
As we previously reported here, the Supreme Court declined to hear an appeal from the Gloucester County, Virginia School Board in a transgender bathroom case. As a result, the underlying opinion from the Fourth Circuit, which...more
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The U.S. Supreme Court denied a petition for certiorari in the case of Grimm v. Gloucester County School Board on June 28, 2021. Justices Clarence Thomas and Samuel Alito said that they would have granted the...more
June is Pride Month and the Equal Employment Opportunity Commission has issued timely guidance on the protections extended to LGBTQIA+ workers under Title VII....more
The Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, Inc., ruling that employers must pay employees for any earned but unused vacation upon termination of employment. This decision means...more
In April 2020, an executive assistant at a Staten Island health care provider was allegedly terminated for raising COVID-19 related safety concerns about an in-person meeting. In what may be a sign of litigation to come, the...more
On May 13, 2021 the CDC overhauled its guidance, stating that fully vaccinated people can resume most of their pre-pandemic activities without wearing a mask or social distancing. This includes indoor and outdoor gatherings,...more
On May 10, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued a notice that, effective immediately, case closure documents will be issued solely through the EEOC’s Portal and will no longer be sent to parties...more
On Friday, May 7, Pfizer and its partner BioNTech filed an application seeking full approval from the United States Food and Drug Administration (FDA) for its COVID-19 vaccine for patients age 16 and up. Pfizer is the first...more
On May 6, 2021, the Department of Labor (“DOL”) issued a final rule, effective immediately, withdrawing a pro-business independent contractor rule that would have made it easier for businesses to classify workers as...more
The COVID-19 pandemic has led to a variety of claims brought by employees, as well as government enforcement actions. Recently-filed cases are taking a new tack; shareholders are bringing derivative suits and securities...more
In another policy change that is designed to benefit workers and penalize businesses that violate the law, the federal government announced that employers who violate the overtime or minimum wage provisions of the federal...more
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) which, among other things, makes modifications to the Payroll Protection Program. On March 19, the Small Business Administration issued...more
In a decision with potential implications for employers who are considering implementing a mandatory COVID-19 vaccine policy, a federal court in New York found that a hospital employee who was terminated in December 2017, for...more
On March 11, 2021, President Biden signed the American Rescue Plan Act. At $1.9 trillion, it is the second largest stimulus bill in legislative history. The ARP includes labor-related spending initiatives important to both...more
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The $1.9 trillion American Rescue Plan (ARP) is the second largest stimulus bill in legislative history and includes labor-related spending initiatives, an extension of unemployment benefits, COBRA subsidies, an...more
On March 15, Pennsylvania Governor Wolf announced the lifting of some targeted restrictions on restaurants, businesses, and gathering limits as COVID-19 cases have declined and vaccination rates increase. Effective April 4...more
The National Labor Relations Board (NLRB or Board) has withdrawn a proposed rule that would have exempted graduate students from the definition of “employees” under the National Labor Relations Act (NLRA). Under the rule...more