Recent Articles

Unemployment Compensation: Case Update

March 16, 2012 17:15

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

March 13, 2012 12:27

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

March 06, 2012 16:42

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...

Ban on Texting While Driving in Pennsylvania & New CDL Requirements

February 28, 2012 22:34

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,...

Health Care Reform Updates: Final Regulations and Technical Release Issued

February 23, 2012 20:06

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...

Public Sector Supervisors Can Be Personally Liable for Violations of the FMLA

February 09, 2012 20:27

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

February 06, 2012 16:33

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...

Truck Drivers and the Pennsylvania Prevailing Wage Act

February 01, 2012 22:31

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...

Appealing an Arbitration Decision - A Success Story

January 27, 2012 15:20

Recently, the Commonwealth Court of Pennsylvania issued an interesting decision involving the appeal of a grievance arbitration decision filed by a Commonwealth Agency – the Pennsylvania Department of Corrections. The decision, Department of Corrections v. Pa. State Corrections Officers'...

Department of Labor Issues New Fact Sheets on Retaliation

January 08, 2012 18:57

This post was contributed by Tony D. Dick Esq., an Associate in McNees Wallace & Nurick LLC's Labor and Employment Practice Group in Columbus, Ohio. More and more employers are recognizing what employment attorneys have long known. The most prevalent type of employment discrimination claim...