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
Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act...more
On July 21, 2021, answering a question certified by the United States Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court held that time spent by employees waiting to undergo and undergoing mandatory...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
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
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
I have long been a fan of the fluctuating work week (FWW) method of paying overtime to non-exempt salaried employees. This computation yields a half-time calculation, i.e. a lower calculation than dividing the salary by...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
The Supreme Court of Pennsylvania recently held that the fluctuating workweek method of calculating overtime, which is permitted under the federal FLSA, is not permitted under Pennsylvania law. In this podcast, we will...more
On November 20, 2019, the Pennsylvania Supreme Court ruled that the fluctuating workweek (“FWW”) method of calculating overtime pay owed to salaried workers is prohibited by state law. Chevalier v. General Nutrition Centers...more
After a prolonged legal battle that began in 2015, Pittsburgh’s Paid Sick Days Act (“Act”) will soon become effective. Opponents of the Act had successfully challenged it in the lower courts, which found that the City of...more
Seyfarth Synopsis: On Wednesday, July 17, 2019, the Pennsylvania Supreme Court reversed trial and appellate court rulings that found the Pittsburgh Paid Sick Days Act—first enacted in August 2015—in violation of state law....more
On July 17, 2019, the Pennsylvania Supreme Court held the City of Pittsburgh's Paid Sick Days Act (PSDA) was a valid exercise of the City's "express statutory authority to legislate in furtherance of disease control and...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
Employers commonly find themselves answering the following question: What right does a former employee have to access his or her personnel file? Often, after an employer terminates an employee, that employee and/or the...more