A recent opinion from the Pennsylvania Supreme Court clarifies the definition of employment under the state’s Unemployment Compensation Law, potentially increasing the amount of Unemployment Compensation Tax (UC Tax) that...more
As detailed in our prior alert, the CARES Act significantly expands existing state unemployment benefits, providing coverage to those not traditionally eligible who are unable to work as a direct result of COVID-19 (the...more
New Legislation -
On March 27, 2020, Pennsylvania Governor Tom Wolf signed into law HB 68, implementing the following changes to the Commonwealth’s unemployment compensation program...more
In advance of their first official meeting of 2020, members of Philadelphia City Council outlined their legislative priorities, and several say they intend to introduce legislation to increase protections for employees....more
1/23/2020
/ City Councils ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Federal Employees ,
Federal Labor Laws ,
Health Insurance ,
Labor Law Violations ,
Labor Regulations ,
Legislative Agendas ,
Local Ordinance ,
New Legislation ,
Paid Leave ,
Paid Time Off (PTO) ,
Pregnancy ,
Prevailing Wages ,
Regulatory Agenda ,
Regulatory Requirements ,
Retirement Plan ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Trump Administration ,
Wage and Hour ,
Wages
In 2015, Pennsylvania amended the state Child Protective Services Law to require that employees who have direct contact with minors submit a Pennsylvania child abuse clearance, Pennsylvania State Police criminal background...more
1/22/2020
/ Amended Legislation ,
Background Checks ,
Ban the Box ,
Child Abuse ,
Child Care ,
Child Protection Laws ,
Child Protective Services ,
Child Safety ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
FBI ,
Hiring & Firing ,
Job Applicants ,
Minor Children ,
Minors ,
State and Local Government ,
Statutory Interpretation
The fluctuating workweek (FWW) pay method allows employers to pay salaried, nonexempt employees a fixed salary, regardless of the number of hours worked per week. Under the FWW method, employees who work more than 40-hours...more
11/27/2019
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
Fluctuating Workweek ,
Non-Exempt Employees ,
Over-Time ,
Proposed Rules ,
Rate of Pay ,
Salaried Employees ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
Despite holding office for less than a year, Colorado Governor Jared Polis has signed and advocated for a new wave of legislation. These actions require employers to update policies and possibly wage packages, too....more
New York Governor Andrew Cuomo signed into law yesterday a bill which will dramatically alter the way discrimination and harassment claims are treated in New York....more
8/13/2019
/ #MeToo ,
Confidentiality Agreements ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
New Legislation ,
NYSHRL ,
Regulatory Requirements ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
In response to the #MeToo movement, New York State has led the way in enacting legislation to expand employee rights to file and recover for sexual harassment claims. ...more
7/16/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Corporate Culture ,
Employer Liability Issues ,
Federal Arbitration Act ,
Harassment ,
Hostile Environment ,
Morgan Stanley ,
NYSHRL ,
Preemption ,
Regulatory Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
New York Governor Andrew Cuomo signed two bills into law yesterday, amending Labor Law §194, to address the much-discussed "wage gap."
New York previously barred pay differences based on gender, but the law signed...more
7/12/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Philadelphia’s journey toward a $15-an-hour minimum wage began last week, part of an increasingly common trend in major U.S. cities. Minimum wage in the City of Philadelphia is $13.25 an hour as of July 1. Additionally,...more
The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more
5/2/2019
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Third-Party Service Provider ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
The U.S. Department of Labor (DOL) has kept employers on their toes this spring. During March and the early part of April, the DOL has engaged in a flurry of activity using its rulemaking authority and non-binding opinion...more
The time to act is now. Employers should take a look at their background check forms in light of a recent ruling of the U.S. Court of Appeals for the Ninth Circuit that state disclosures cannot be combined with the...more
As we begin 2019, employers nationwide must address a host of new obligations under state and local laws that will go into effect this year. With the decline in federal regulations under the Trump administration, states and...more
States and municipalities have tackled pay equity and minimum wage issues. Over the next few months, 19 states will see an increase in their minimum wage.
...more
States and municipalities have tackled pay equity and minimum wage issues. Regarding pay equity, there is a growing trend of laws and ordinances that place restrictions on employers when it comes to asking applicants about...more
2/7/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Beginning this year, employers in some states will be required to provide sexual harassment training for employees, including supervisors and management staff. Depending on the jurisdiction, the statute may dictate the...more
At the end of December, the U.S. Court of Appeals for the District of Columbia Circuit upheld a 2015 National Labor Relations Board (NLRB) decision that established a broad test for determining whether two entities could be...more
1/16/2019
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour