In 2015, we discussed the new joint-employer standard that was articulated by the National Labor Relations Board in Browning-Ferris Industries of California, Inc. As a reminder, the NLRB held that a joint-employer...more
The Pennsylvania Department of Labor and Industry recently announced that all employers in the Commonwealth will be required to pay their share of unemployment compensation taxes online. The new rule takes effect January 1,...more
With the holiday season officially upon us, many employers are finalizing plans to host a party for their employees. These festivities offer a time for colleagues to celebrate the year’s accomplishments, to extend season’s...more
Public employers in Pennsylvania beware: if you implement an attendance policy designed to get your employees to show up for work, you may commit an unfair labor practice! If your employees are represented by a labor union,...more
U.S. Citizenship and Immigration Services (UCIS) has released a revised version of the I-9 Employment Eligibility Verification Form. The revised form must be used exclusively beginning on January 22, 2017; until then,...more
Earlier in the year, we reported on a temporary injunction issued by a federal district court Judge in Texas. The injunction prevented the Department of Labor from enforcing the so-called “persuader rule.” The rule sought...more
11/18/2016
/ Attorney-Client Privilege ,
Collective Bargaining ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Final Rules ,
LMRDA ,
Permanent Injunctions ,
Persuader Rules ,
Reporting Requirements ,
Trump Administration ,
Unions
On September 28, 2016, the United States House of Representatives passed a bill that would postpone implementation of the FLSA’s new salary threshold for “white-collar” overtime exemptions. As we noted earlier this month, the...more
Since 2012, the United States Department of Labor (DOL) reports that it has recovered over $40 million in back wages for employees in the oil and gas industry. Employers in the industry can expect claims to rise as the DOL...more
8/18/2016
/ Back Wages ,
Corporate Counsel ,
Department of Labor (DOL) ,
Energy Sector ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Oil & Gas ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
The United States Department of Labor issued regulations earlier this year finalizing the “Persuader Rule.” Under the new Rule, employers and consultants (including lawyers) would be required to report labor relations advice...more
7/8/2016
/ Attorney-Client Privilege ,
Department of Labor (DOL) ,
Due Process ,
Fifth Amendment ,
Final Rules ,
First Amendment ,
Free Speech ,
Freedom of Association ,
LMRDA ,
Persuader Rules ,
Preliminary Injunctions ,
Unions
On May 23, 2016, the Supreme Court of the United States ruled that the filing period for constructive discharge claims, which can be filed pursuant to many different employment laws, begins to run upon an employee’s...more
There has been a lot of buzz recently about “ban the box” initiatives prohibiting employers from asking job applicants about their criminal records. Proponents of these initiatives argue that employers should not consider an...more
The federal government’s enforcement efforts relating to equal pay are intensifying after President Obama’s recent announcement that the Equal Employment Opportunity Commission (EEOC) will begin to collect expanded...more
When it comes to using temporary employees, the set-up is all too familiar. An employer engages a staffing firm, which hires, pays, and places temps to meet the employer’s needs. The employer’s costs are fixed and payable...more