10/17/24
In the recent precedential decision of Rodriquez v. Se. Pennsylvania Transp. Auth., 23-3074, 2024 WL 4470830 (3d Cir. Sept. 26, 2024), the Third Circuit Court of Appeals affirmed an order of judgment as a matter of …
Category: Employment Law Blog – PA and NJ
Pittsburgh ordinance prohibits discrimination on basis of medical marijuana use
10/10/24
By: Sunshine R. Fellows, Thomas R. Starks, and Chloe C. Zidian
The evolving landscape of marijuana legislation poses challenges to employers in developing uniform employment practices respective to employee’s rights under differing federal, state, and local laws. While …
2/21/24
By: Shane Miller
The Third Circuit Court of Appeals (which includes Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands) recently made clear that an employer should avoid taking two actions when responding to an employee’s request for a workplace …
Geotracking Regulatory Trend is Expanding to Employers
1/17/23
By: Justin Boron
You probably already know that your apps know where you were last night. But did you know that employers might too?
It is all but accepted that our geolocations are being tracked, which is part and parcel …
PA’s Prevailing Wage Law Shows Its Teeth
5/7/21
By: Joshua Ferguson and Courtney Mazzio
Pennsylvania’s Prevailing Wage Law was enacted in 1961 to protect construction workers from out-of-state competition, mandating those contractors pay the wages that “prevail” in each region on all government construction projects more than $25,000.
Violations of this state labor …
Philadelphia and Pennsylvania Announce New "Safer at Home" Restrictions
11/18/20
By: Justin Boron
The City of Philadelphia and the Commonwealth of Pennsylvania announced new measures this week aimed at curbing the spike in COVID cases in the region, but neither appear to be ready to initiate a broad-based shutdown like …
9/21/20
By: Ashley Hobson
On Monday, September 14th a federal judge in the Western District of Pennsylvania struck down the Governor’s restrictions on the size limitation of persons at gatherings and the mandatory closure of “non-life sustaining” businesses. The restrictions, …
PA Supreme Court Rules Uber Drivers Entitled to Unemployment Benefits
8/7/20
By: Erin Lamb
In Lowman v. Unemployment Compensation Board of Review, the Pennsylvania Supreme Court has ruled 5-2 that Uber drivers are not engaged in independently owned businesses when driving for Uber and are therefore eligible for unemployment benefits. The …
Pennsylvania Offers Certain Employers Help with Hazard Pay
7/23/20
By: Justin Boron
Last week, the governor made $50 million available to businesses, health care non-profits, public transit agencies, and certain economic development organizations to cover hazard pay for ‘front line’ employees exposed in life-sustaining industries exposed to COVID-19 risks. The …
New Jersey and COVID-19: What Businesses Need To Know About Reopening Plans
7/13/20
By: Ashley Hobson
New Jersey has been one of the most proactive and reactive states amidst the COVID-19 pandemic. As of the publication of this Blog, the State has only entered into the second stage of its reopening, which still …
U.S. Department of Education Announces Temporary Halting of Wage Garnishments
3/30/20
By: Jeffrey A. Hord
On March 25, 2020, the Department of Education (DOE) announced that it will temporarily halt seizing wages and/or withholding tax refunds from borrowers who have defaulted on their student loans held by the federal government. As …
PA Supreme Court Elevates State Pay Standards Above the FLSA on Fluctuating Work Week
2/12/20
By: Justin Boron
Going forward, Pennsylvania employers should be wary of relying on federal rules for their pay policies.
As a general principle, courts and regulators interpret Pennsylvania’s wage and hour laws consistently with the Fair Labor Standards Act. But …