The Pennsylvania Labor and Employment Blog is published by the Labor and Employment Practice Group of McNees Wallace & Nurick LLC. This blog covers affirmative action, discrimination and harassment, employee benefits, employer liability, performance management, recruiting, hiring and retention, termination, unions, wage and hour matters, and workplace trends.
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The Gosselin Family, which has been the center of a media attention in recent weeks, is reportedly under investigation by the Pennsylvania Department of Labor and Industry for child labor law violations stemming from their children's appearance on the reality TV show "Jon & Kate Plus...
On June 19, 2008, the United States Supreme Court issued four employment-related decisions that are briefly summarized as follows:Meacham v. Knolls Atomic Power Laboratory: The government ordered its contractor to reduce its workforce. The contractor had its managers select employees for...
Should an employee who agrees to resign her employment as part of the settlement of her workers’ compensation claim be eligible to receive unemployment compensation benefits? According to a recent decision from the Commonwealth Court of Pennsylvania, the answer to this question is a firm...
Pennsylvania Whistleblower Law Restricts Ability of Public Employers and Non-Profits to Terminate Employees
In Pennsylvania, as in the majority of states, most employees are presumed to be employed “at will.” Under the at-will employment doctrine, an employer does not need “cause” to terminate an employment relationship. Rather, the employer may terminate an employee at...
Federal Court Gives Green Light To NLRB's Notice Posting Requirement But Strikes Several Enforcement Provisions from the Board's Final Rule
This post was contributed by Bruce D. Bagley, Esq., a Member in McNees Wallace & Nurick LLC's Labor and Employment Law Practice Group. As readers of this blog may recall, on August 30, 2011, the National Labor Relations Board (Board) issued its Final Rule, “Notification of Employee Rights...
Recently, members of McNees Wallace & Nurick LLC's Transportation, Distribution & Logistics Group issued an Alert containing two articles that will certainly be of interest to many employers. The Alert can be accessed by clicking here. The first article,...
The past couple of weeks have been busy ones for the Department of Labor (“DOL”), the Department of Health and Human Services (“DHHS”) and the Department of Treasury (“DOT”) (collectively, the “Departments”). Since February 9, 2012, the...
A recent Third Circuit Court of Appeals decision has made clear that supervisors in public agencies may be subject to individual liability under the Family and Medical Leave Act (FMLA). The court previously has held that public employers, private employers, and supervisors in the private sector may...
Labor & Industry Revises New Active Search Requirements for UC Eligibility, Drops "28 Calendar Days" Recall Requirement for Temporary Layoff Exception
In June 2011, the Pennsylvania General Assembly enacted a law amending the Pennsylvania Unemployment Compensation Law (“Law”). Many of the amendments' provisions took effect January 1, 2012. In addition to providing for a severance pay offset against unemployment compensation...
Recently, Andrew L. Levy, Esq., a Member in McNees Wallace & Nurick LLC's Labor and Employment Law Practice Group published an article titled: Truck Drivers Hauling Material Between a Turnpike Construction Site and a Borrow Pit Adjacent to the Project Are Entitled to be Paid the...