Guns in Workplace: Primer for Employers in PA & NJ
4/12/18
By: John P. McAvoy
Presently and tentatively, Pennsylvania and New Jersey do not have guns-at-work laws. There are, however, gun laws in place in both states that similarly impede an employer’s ability to control the workplace; namely, the states’ right-to-carry …
Governor Wolf Proposes New Overtime Rules for Pennsylvania
2/20/18
By: Christopher M. Curci
Employers may recall the Obama administration’s efforts in 2016 to increase the overtime rule salary exemption from $23,600 annually to $47,476 annually. By way of background, employers are required to pay overtime to employees who work …
Say Goodbye to Arbitration; Say Goodbye to Confidentiality?
12/20/17
By: Christopher M. Curci
On December 4, 2017, New Jersey state Senator Loretta Weinberg introduced Senate Bill S-3581. The bill aims to (1) eliminate arbitration provisions in employment agreements related to discrimination, retaliation, and harassment claims, and (2) eliminate confidentiality …
To FMLA or not FMLA, that is the question…
11/10/17
By: Christopher M. Curci
FMLA and ADA leave questions are some of the most frequent that we receive from our clients. Deciding whether an employee’s absence should be designated as FMLA leave, or granted as a reasonable accommodation under the …
Pa. County Didn't Willfully Violate FLSA
9/28/17
By: Barry S. Brownstein
The Third Circuit has ruled that Pennsylvania’s Lackawanna County didn’t willfully violate the Fair Labor Standards Act when it failed to pay overtime to workers who performed multiple part-time jobs.
Souryavong and Rolon were among a …
Employers Be Warned – A Single Use Of A Racial Slur Can Sustain A Workplace Harassment Claim
8/1/17
By: Barry S. Brownstein
Plaintiffs, Atron Castleberry and John Brown, brought a claim against staffing agency STI Group based upon their experience after being assigned to work as general laborers for Chesapeake. They allege in their lawsuit that a supervisor, …
Federal Court Dismisses Chamber of Commerce’s Injunction Against Philadelphia’s Wage Equity Law
5/31/17
By: Christopher M. Curci
The Philadelphia Chamber of Commerce’s effort to halt the implementation of Philadelphia’s new wage equity law has been dismissed – for now.
By way of background, Philadelphia is at the forefront of increased legislative measures across …
New Jersey’s Appellate Court Rules LAD Exception Applies Concerning Accommodation of Employee’s Religious Practice
3/22/17
By: Barry S. Brownstein
In Tisby vs. Camden County Correctional Facility (CCCF), New Jersey’s Appellate Court decided in January of this year whether the trial court had properly found that the CCCF’s concerns for its safety, security and neutrality were …
Breaking News – Puzder Withdraws from Consideration to be Secretary of Labor
2/15/17
By: Paul H. Derrick
Andy Puzder, President Trump’s nominee for Secretary of Labor, has withdrawn his name from consideration after being plagued by criticism since his nomination. Union leaders and prominent Democrats have been among his staunchest critics. Puzder’s decision …
Be on the Lookout for Minimum Wage Increases in 2017
12/20/16
By: Brad Adler and Agne Krutules
As we enter into 2017, employers should remember that, while the federal minimum wage remains at $7.25, many state and local jurisdictions have passed legislation that will increase their respective minimum wage in 2017.…
New I-9 Form Takes Effect Next Year
12/1/16
By: Agne Krutules
U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. The revision process commenced over a year ago, with the main goal to strengthen the security and integrity of the I-9 …
ADA Website Compliance: More Than Just a Good Idea
11/16/16
By: Paul H. Derrick
Since its passage in 1990, the Americans with Disabilities Act (ADA) has become nearly ubiquitous, perhaps best known for its applicability to workplaces, wheelchair access, and service animals. Surprisingly few people, however, are aware that the …