Keystone Employment Law Blog

Philadelphia Mayor Kenney recently signed an amendment to the city’s mandatory paid sick leave law – “Promoting Healthy Families and Workplaces” (PHFWO). This September 17 amendment provides a significant increase in benefits to a larger group of covered workers when faced with a public health emergency. More specifically, it requires new public health emergency leave (PHEL) for employees, gig workers, and others who are not eligible for leave under the federal Families First Coronavirus Response…
A federal court judge in Pennsylvania just ruled that the governor’s COVID-19 orders shutting down businesses and restricting gatherings are unconstitutional and therefore unenforceable. By striking them down, the judge set up a conflict between the court system and the governor’s office – leaving employers caught in the middle. Although this current conflict will not have much of an impact on businesses at the current time, it needs to be resolved before any possible “second…
The Pennsylvania Supreme Court recently reiterated prior Pennsylvania holdings that a restrictive covenant executed even after the first day of employment could still be enforceable without additional consideration, but clarified that this is only so if the essential terms of the covenant are agreed upon prior to commencement of employment. While we don’t necessarily advise that this is the best practice to follow, you’ll want to read our Employee Defection and Trade Secrets Practice Group’s…
Governor Wolf announced on Friday that 13 additional Pennsylvania counties will move to the yellow phase of Pennsylvania’s staggered reopening plan, continuing a slow and steady strategy to permit businesses to get back to work. The counties include Allegheny, Armstrong, Bedford, Blair, Butler, Cambria, Fayette, Fulton, Greene, Indiana, Somerset, Washington and Westmoreland.…
A federal appeals court just resurrected the salary history ban that will now prevent Philadelphia employers from asking job applicants about how much they are paid or setting new salaries based on pay history. Thanks to February 6th 3rd Circuit Court of Appeals ruling, employers in Philadelphia must immediately alter their hiring practices and cease the practice of asking questions about compensation history on applications, in interviews, and at any stage during the hiring practice.…
Court Rules That Company’s Facebook Snooping Does Not Prevent Trade Secrets Injunction Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court recently addressed this question in Scherer Design Group, LLC v. Ahead Engineering LLC and decided not to apply the “unclean hands” doctrine against the employer in a trade secrets case, clearing the way for…
Philadelphia Will Have A “Fair Workweek”: What Covered Employers Need To Know Right Now On December 6, 2018, Philadelphia City Council approved the Fair Workweek Ordinance by a vote of 14-3. Following its passage by City Council, Mayor Kenney reiterated his support and his intention to sign the Ordinance into law. Even if Mayor Kenney vetoed the Ordinance, City Council could override the veto with 12 votes- which it currently has. In sum, it appears…
Philadelphia Moves One Step Closer To Providing A “Fair Workweek” For Retail, Food Service, And Hospitality Employees In our October 3rd entry, we addressed the pending Fair Workweek Ordinance, currently being considered by Philadelphia City Council. The proposed Ordinance aims to provide predictable work schedules for Philadelphia’s 130,000 employees in the retail, food service, and hospitality industries and to help reduce the 26% poverty level in Philadelphia.     On October 30, the Committee on Law…