New Federal Pregnancy Protections for Employees
Pennsylvania Labor & Employment Blog
by Conner Porterfield
4d ago
As part of the Consolidated Appropriations Act of 2023, Congress passed two new pregnancy-related laws requiring covered employers to provide reasonable accommodations to employees due to pregnancy, childbirth, and related medical conditions. The two new laws are the Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), effective April 28, 2023. These laws will generally enhance the protections afforded to pregnant employees and create new compliance obligations for employers. The PWFA will require emplo ..read more
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Is it the Beginning of the End for Workplace Non-Compete Agreements?
Pennsylvania Labor & Employment Blog
by Mark Hipple
5d ago
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rule Making and additional information describing a new proposed rule that would prohibit employers across the country from entering into non-compete agreements with their workforce. The FTC’s press release and related information on the proposed rule can be found here. The FTC’s proposed rule is in response to a prior Executive Order from President Biden, which, among other things, encouraged the FTC to use its rule-making authority to “to curtail the unfair use of non-compete clauses and other clauses or agr ..read more
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2023 Brings Changes to the Laws on Employee Benefit Plans
Pennsylvania Labor & Employment Blog
by Renee Lieux
2w ago
The Consolidated Appropriations Act of 2023 (“Act”) was passed by Congress in late December 2022 and signed by President Biden on December 29, 2022.  The Act, a $1.7 trillion dollar spending bill, contains provisions which modify the laws applicable to welfare benefit plans and retirement benefit plans.  Below is a high-level list of the provisions of the Act which are effective in 2023 and which may affect your plan: Welfare Benefit Plans High Deductible Health Plans can continue to waive the deductible for any telehealth services for plan years beginning before January 1, 2025. R ..read more
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NLRB General Counsel Enters the Discussion on AI in the Workplace
Pennsylvania Labor & Employment Blog
by Adam Santucci
3w ago
We previously posted about employer use of Artificial Intelligence, AI, and the emerging legal issues associated with such tools.  Recently, the National Labor Relations Board General Counsel issued GC Memorandum 23-02, which outlined her view that the use of electronic monitoring and artificial intelligence can run afoul of the National Labor Relations Act.  The memo states that surveillance and other algorithmic-management tools may interfere with the exercise of Section 7 rights “by significantly impairing or negating employees’ ability to engage in protected activity and keep tha ..read more
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Checkin’ It Twice: Things for Employers to Consider as We Celebrate the Season
Pennsylvania Labor & Employment Blog
by Austin Wolfe and Conner Porterfield
1M ago
The holiday season is in full swing, and what better way to celebrate the joyous season than with a festive soiree, right?  In many cases, this is the first time in a couple of years that employees are getting together for an in-person gathering.  Some employees may be ready to reconnect and cut loose.  So, this is an opportune time for a quick “refresher” on things employers should keep in mind to help keep all holiday parties ‘holly and jolly,’ and free from Grinchy legal issues. Too much ‘Holiday Spirit?’ It’s important to remember that employment laws don’t take a break for ..read more
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Thinking about a Reorganization or Rightsizing? Here are Five Key Questions for your Organization to Consider Now
Pennsylvania Labor & Employment Blog
by Kelley Kaufman and Adam Santucci
2M ago
As the negative economic outlook continues to fill our news and social media feeds, many organizations are pondering what an economic shift may mean for their business.  Others have moved on to the next stage of grief, acceptance, and have started to plan ahead.  For some organizations, this means considering, and possibly implementing, a reorganization or reduction in force (RIF). Regardless of company size, industry or location, employers considering a reorganization or a reduction in force must consider many variables—and avoid many pitfalls.  While there are too many issues ..read more
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Imminent and Substantial: The Third Circuit Holds That the Leak of Personal Information onto the Dark Web is Sufficient to Establish an “Injury-In-Fact”
Pennsylvania Labor & Employment Blog
by Devin Chwastyk and Gregory Archibald
2M ago
A recent decision from the Third Circuit suggests that the leak of information onto the Dark Web provides standing to class action plaintiffs in data breach litigation. In Clemens v. ExecuPharm, Inc., 48 F.4th 146 (3d Cir. 2022), the Defendant employer suffered a data breach that permitted a ransomware gang to steal sensitive information pertaining to the Defendant’s current and former employees. Eventually, the hackers posted the data on underground websites located on the Dark Web.   The plaintiff, a former employee whose data was stolen by the hackers, filed a class action lawsuit on b ..read more
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More on Workplace Surveillance
Pennsylvania Labor & Employment Blog
by Adam Santucci and Conner Porterfield
3M ago
Our blog post on Nanny Cams in the workplace turned out to be one of our most popular posts (makes us wonder what people are putting in the search bar?).  So, we thought we would follow up with some more information for employers about surveillance in the workplace. Employers with unionized workforces will need to be sure that any surveillance program or policy complies with the National Labor Relations Act.  It has long been the policy of the National Labor Relations Board that employers with a unionized workforce must bargain with the union before installing hidden cameras.  ..read more
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NLRB Holds Employers Must Continue Dues Checkoff After Expiration of Collective Bargaining Agreement
Pennsylvania Labor & Employment Blog
by Bill Boak
3M ago
In Valley Hospital Medical Center, 371 NLRB No. 160 (Sept. 30, 2022) (Valley Hospital II), a divided National Labor Relations Board held that employers must continue to deduct union dues from employees’ pay and remit such dues to their union – a process known as “dues checkoff” – even after the expiration of the collective bargaining agreement containing a checkoff provision.  The decision demonstrates the current Board’s rather unfriendly approach to employers.  It also illustrates how employers have been whipsawed in recent years by swings in Board precedent depending on the Board ..read more
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DOL Proposes a Roll Back of Trump-Era FLSA Independent Contractor Rule
Pennsylvania Labor & Employment Blog
by Austin Wolfe
3M ago
Last week, the U.S. Department of Labor introduced a proposed rule to update its test for determining whether a worker is an employee under the Fair Labor Standards Act (the “FLSA”).  If implemented, the proposed rule would likely make it more difficult for employers to classify workers as independent contractors. The proposed new test would rescind the independent contractor test that was adopted by the DOL in the waning hours of the Trump Administration.  That test emphasized two core factors for determining whether a worker was an independent contractor: a worker’s control over th ..read more
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