Pennsylvania Labor & Employment Blog

Last legislative session, the Pennsylvania House of Representatives introduced H.B. 2664, which sought to add a new subsection to the Workers’ Compensation Act addressing post-traumatic stress disorders in certain first responders.  That Bill never made it out of committee, but that’s not the end of the story. Last month, H.B. 432 was introduced.  Like it’s unsuccessful predecessor, this Bill seeks to add a new provision to the Workers’ Compensation Act adding post-traumatic stress disorders to…
On March 7, the Department of Labor released its Notice of Proposed Rulemaking seeking public comment on proposed changes to the minimum salary requirements in the Fair Labor Standards Act’s “white-collar” overtime exemption regulations.  If that sounds familiar, the DOL went through this same process back in 2015, only to have that new rule blocked by a federal court in 2016, days before it was set to take effect. Key provisions in the DOL’s 2019…
In a key decision for many franchisors and franchisees, and others who rely on independent contractors, the National Labor Relations Board recently reinstated its test for examining contractor status.  In 2014, the Obama-era NLRB, in a case involving Fed Ex delivery drivers, “refined” its test for examining contractor status. The refinement was really a fundamental shift in how the NLRB reviewed these questions, and not surprisingly led to many more findings of employer-employee status. The…
At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder.  Chance v. Kraft Heinz Foods Co.  In allowing the suit to move forward, the Delaware Court found that the anti-discrimination language in the Delaware Medical Marijuana Act (“DMMA”) created an implied cause of action for employees to sue their employers.  Pennsylvania employers should…
Last year, the Supreme Court of the United States issued a significant decision upholding the use of individual arbitration agreements that include class action waivers. The Epic Systems’ Decision provided clarity to employers considering the use of arbitration agreements and class action waivers in the employment context. However, for employers with workers in the transportation industry, the Supreme Court has now taken a significant step back from the recent trend of opinions favoring arbitration agreements…
In 2016 the Occupational Safety and Health Administration issued a Rule intended to improve the tracking of workplace injuries and illnesses, known as the Electronic Recordkeeping Rule.  The Rule would have required covered employers – those with 250 or more employees that are otherwise required to maintain OSHA injury and illness records, and those with 20-249 employees in designated “high-risk industries” (including manufacturing, construction, and many healthcare establishments) – to electronically submit Form 300A Summary…
2019 is the year of “tidying up” thanks to the popular Netflix show.   Start the year off by reevaluating your employee benefit plans to determine whether they continue to meet the changing needs of your workforce while complying with changing regulatory requirements.   Here is our top-ten list of changes to consider in 2019 (in no particular order): Update your qualified plan’s 402(f) Notice to include recent changes extending the rollover deadline for loan offsets. Update…
McNees Wallace & Nurick LLC is pleased to announce the expansion of its Employee Benefits and Executive Compensation Practice Group with the recent addition of attorney Renee Lieux and specialist Kimberly Weibley. Renee has focused her practice on executive compensation and employee benefits for nearly 20 years.  She assists both private and publicly traded companies in the formation of executive compensation programs and the negotiation of executive employment agreements.  She designs and assists in the…
Have you ever felt that reading the decisions of the National Labor Relations Board is a lot like watching a tennis match?  The decisions on key workplace issues go back and forth, back and forth, and you are just stuck watching.  The good news, at least, is that lately, employers have been holding serve.  Recently, the National Labor Relations Board served up another decision that provides some clarity and helpful guidance for employers. In Alstate…
As we have been following on this blog, Governor Wolf announced in January 2018 that the Pennsylvania Department of Labor and Industry (DLI) would propose new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would modify the PMWA’s overtime and minimum wage exemption requirements for executive, administrative, and professional salaried employees.  DLI submitted a proposed rulemaking in June 2018 for new regulations, which included both big increases to the minimum salary requirements…