The Pennsylvania edition of this program offers a year in review of the biggest cases and legislation from 2022. Additionally, attorneys Chris Davis and Michael Hyland will look to the future for 2023 to discuss trends,...more
The PA Supreme Court has extended the Workers’ Comp application of the “traveling employee” doctrine to include an employee’s attendance at happy hours, holiday parties and other social gatherings that are sponsored by the...more
In a recent decision, the Supreme Court of Pennsylvania examined whether no-hire agreements (which, as their name suggests, prohibit one business from hiring employees from another business), are enforceable under...more
Thanks to a recent ruling by the Supreme Court of Pennsylvania, workers in the Commonwealth are now more likely to be considered “fair game” to other potential employers, even in the presence of an agreement otherwise between...more
Recently, in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, No. 31 WAP 2019, — A.3d –, 2021 WL 1676399 (Apr. 29, 2021), the Pennsylvania Supreme Court found that a no-hire provision that was ancillary to a...more
The Pennsylvania Supreme Court recently decided an issue of first impression regarding “no-hire” (or “no-poach”) provisions in commercial contracts between two companies. In such agreements, one company agrees not to solicit...more
In a decision resolving a dispute that has been pending for nearly five years, the Supreme Court of Pennsylvania just voided a no-hire provision entered into by two companies that bound one of them from hiring former...more
In the recent decision of Commonwealth v. Mason, the Pennsylvania Supreme Court held that a nanny did not have a reasonable expectation of privacy while working inside the home of her employer. Thus, the employer’s decision...more
In Pennsylvania, noncompetition agreements must, among other things, be supported by adequate consideration to be enforceable. It is well established that an initial offer of employment constitutes adequate consideration....more
The recruitment and onboarding process can be fast-paced as employers and recruits go back and forth on salary, title, benefits, and more. Sometimes an impending deadline pushes the parties to move quickly, such as the start...more
On June 16, 2020, the Pennsylvania Supreme Court opened a new avenue for employees to file retaliation claims. In a majority decision, the court held that the Pennsylvania Human Relations Act (PHRA) is not the only pathway...more
While you have been primarily focused on COVID-19-related matters for the past few months, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there...more
(Public) employers rejoice! In a unanimous decision, the Pennsylvania Supreme Court just ruled that PennDOT did not violate an ex-employee’s free speech rights by firing her over a Facebook rant in which the ex-employee said...more
While you have been primarily focused on COVID-19-related matters since mid-March, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there are...more
Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal...more
Following a prolonged legal challenge brought by a group of Pittsburgh businesses, Pittsburgh’s paid sick leave ordinance will finally take effect on March 15, 2020. . As we previously reported, in August 2015, the City of...more
In late 2019, Pennsylvania defected from the traditional use of the fluctuating workweek method used to calculate overtime rates for employees working fluctuating hours. Instead, in Chevalier v. General Nutrition Centers,...more
Seyfarth Synopsis: Does Pennsylvania law permit the fluctuating workweek (“FWW”) method of paying overtime? The Pennsylvania Supreme Court has answered that question with a resounding “No, but…”...more
Q: I heard that the Pennsylvania Supreme Court recently issued a major ruling regarding overtime pay. What do I need to know? ...more
As previously reported, the U.S. Department of Labor (DOL) recently announced a proposed rule that clarified the fluctuating workweek method (FWW) under the Fair Labor Standards Act (FLSA). Now, just two weeks later, the...more
Interrogatories submitted to the jury are painstakingly negotiated by trial counsel. But what should you do if the jury goes off on its own, awarding damages that are beyond the scope of the interrogatories and evidence...more
The Pennsylvania Supreme Court has drastically changed the data breach litigation landscape by holding that an employer has a common law duty to use reasonable care to safeguard its employees' personal information stored on...more
On February 2, 2018, we reported that General Nutrition Centers, Inc. (GNC), the employer in a case brought by a class of salaried, nonexempt, current or former Pennsylvania store managers, assistant managers, or senior...more
The fluctuating workweek (FWW) method is a way for employers to calculate overtime pay for salaried employees who are eligible for overtime pay, but whose working hours fluctuate each week. The FWW method has two components...more
The first cases addressing the impact of Pennsylvania’s Construction Workplace Misclassification Act (“CWMA”) in the context of the Pennsylvania’s Workers’ Compensation Act, have finally reached the Appellate Courts. The...more