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Refusing to compensate employees for short breaks is prohibited by the FLSA, the Third Circuit has confirmed. Thus, an employer’s “flexible time” policy, under which employees were not paid if they logged off of their computers for more than 90 seconds, fails to comply with the Act when employees take breaks of twenty minutes or less, even if the policy allows the employee to log off whenever desired and for any length of time. Secretary,…
Philadelphia’s Wage History Ordinance, initially scheduled to take effect on May 23, 2017, remains on hold. The Ordinance has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia. The City of Philadelphia agreed to halt enforcement of the Ordinance pending the litigation’s outcome. Following a motion to dismiss filed by the City, the court dismissed the lawsuit on May…
Philadelphia’s Wage History Ordinance lives on, for now. The Ordinance, initially scheduled to take effect on May 23, 2017, has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia.  On May 30, the court dismissed the lawsuit.  Click here to read the full article on this development and its implications for employers.…
On January 23, 2017, Philadelphia Mayor Kenney signed the Wage History Ordinance into law, making Philadelphia the first major U.S. city to make it illegal for employers to inquire about a potential employee’s salary history. Employers have 120 days to comply as the bill will be effective as of May 23, 2017. As discussed here, the Philadelphia City Council passed the bill in December 2016, however, the City’s Law Department has spent the interim period analyzing…
Earlier this year, the Judicial Conference Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal Rules submitted proposed amendments to a number of Rules, including Fed. R. Civ. P. 23 (which governs class actions), and requested that the proposals be circulated to the bench, bar, and public for comments.  The proposed amendments, advisory committee reports, and related information can be found on the Judiciary’s website and a copy is available here. The Judicial Conference Committee…
As of July 1, 2012, several employers in Philadelphia now have to provide their employees with paid sick leave.  Pursuant to an amendment to Chapter 17-1300 of the Philadelphia Code, titled “Philadelphia 21st Century Minimum Wage and Benefits Standard,” certain entities providing services to, or receiving financial aid from, the City of Philadelphia must provide up to a maximum of 56 hours, or 7 days, of paid sick leave to all full-time, non-temporary, non-seasonal covered…
In a positive development for Pennsylvania healthcare employers, on July 5, 2012, Governor Corbett signed into state law an amendment to the Pennsylvania Minimum Wage Act (“PMWA”), allowing hospitals and other healthcare employers in Pennsylvania to utilize the “8/80” overtime rule established by the federal Fair Labor Standards Act (“FLSA”) See 29 U.S.C. § 203(j).   Under this amendment, Pennsylvania healthcare employers may pay employees overtime for hours worked in excess of 8 hours per day, or 80 hours…