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The National Labor Relations Board (“NLRB”) recently issued a pair of decisions rolling back Obama-era rulings that were unfavorable to employers. These decisions apply to employers whether they have Read More …
Minimum Wage/Salary Threshold The Governor’s administration and the state legislature have entered a tentative deal for the legislature to pass a bill raising the state minimum wage, and, in Read More …
If you use the E-Verify system, you should be aware that United States Citizenship and Immigration Services (“USCIS”) disposes of E-Verify records that are 10 years old or older Read More …
On November 18, 2019, we wrote about the Department of Labor’s final rule raising the salary threshold for overtime pay to $35,568 beginning on January 1, 2020. Have you Read More …
The United States Department of Labor (“DOL”) at last has issued its final rule raising the salary threshold for white-collar overtime exemptions. Originally, a final rule was passed under Read More …
On September 23, 2019, the IRS published its final rule with respect to 401(k) hardship withdrawal requirements. The final rule articulates a new standard for hardship withdrawals that must Read More …
On January 11, 2019, in Pittsburgh Logistics Systems, Inc. v. BeeMac Trucking, LLC, 2019 PA Super 13 (2019), the Pennsylvania Superior Court held that a no-hire provision in a contract Read More …
On November 27, 2018, the Pennsylvania Superior Court decided Amquip Crane Rental, LLC v. Crane & Rig Services, LLC, 2018 Pa. Super. 315 (2018). In Amquip, a group of Read More …
On November 29, 2018, in IRS Notice 2018-94, the IRS extended the January 31, 2019 deadline for employers to distribute 2018 Forms 1095-C or 1095-B to employees. Employers now Read More …
On November 21, 2018, the Pennsylvania Supreme Court held, in Dittman v. UPMC, No. 43 WAP 2017 (2018), that employers have a legal duty to use reasonable care to Read More …
As you know, the Patient Protection and Affordable Care Act (“ACA”) amended the Internal Revenue Code (“IRC”) to add Sections 4375 and 4376. These provisions require payment of the Read More …
On October 11, 2018, the Occupational Safety and Health Administration (“OSHA”) issued a Standard Interpretation that clarifies its position on workplace safety incentive programs and Post-Incident Drug Testing under Read More …
If you perform background checks (including criminal or credit background checks) on your applicants or employees, you should be aware that, if the checks are done through a third Read More …
The Patient Protection and Affordable Care Act (“ACA”), also known as Obamacare, has faced serious and rising criticism since it was signed into law more than eight years ago. Read More …
On August 31, 2018, President Trump signed an Executive Order directing the Department of Labor and the Department of the Treasury to consider issuing regulations that would raise the Read More …
As you know, the Patient Protection and Affordable Care Act (“ACA”) amended the Internal Revenue Code (“IRC”) to add Sections 4375 and 4376. These provisions require payment of the Read More …
On May 21, 2018, in a 5-4 decision, the United States Supreme Court upheld the use of class action waivers in employment arbitration agreements. Epic Systems Corp. v. Lewis, No. Read More …
On April 1, 2018, the United States Department of Labor (“DOL”) final regulations that revise the claims procedure requirements for disability benefits plans under the Employee Retirement Income Security Read More …
On January 3, 2018, we reported that the National Labor Relations Board (“NLRB”) in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (NLRB 2017), had overturned Browning-Ferris Industries, Read More …
You already know that President Donald Trump signed the “Tax Cuts and Jobs Act” into law on December 22, 2017. Among other things, the new law cut corporate tax Read More …
Recently, Immigration and Customs Enforcement (“ICE”) announced that the agency would significantly increase worksite investigations of employers in 2018. Employers of all sizes are subject to audits of workers’ Read More …
In Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvania, No. 16-3573 (3d Cir. December 14, 2017), the Third Circuit Court of Appeals (which covers Pennsylvania) found no religious Read More …
Now that President Trump’s picks for the National Labor Relations Board (“NLRB” or “Board”) and for its General Counsel position are in place, the Board has wasted no time Read More …
With all of the news regarding allegations of sexual harassment – against members of the entertainment industry, politicians, and others – it is a good time to review your Read More …
On October 13, 2017, the Third Circuit Court of Appeals (which covers Pennsylvania) decided Department of Labor v. American Future Sys., Inc., No. 16-2685 (3d Cir. 2017), clarifying whether breaks Read More …
In 2016, the Department of Labor (“DOL”) enacted a final regulation drastically changing the salary threshold for employees subject to exemption from overtime under the Fair Labor Standards Act Read More …
We previously reported that the Equal Employment Opportunity Commission (“EEOC”) planned to collect wage data on its EEO-1 Report from employers with 100 or more employees. Currently, federal contractors Read More …
Form I-9 is a government document used to verify the identity and work authorization of employees. All United States employers are required to have a properly completed Form I-9 Read More …
On May 18, 2017, in Blatt v. Cabela’s Retail, Inc., No. 5:14-cv-04822 (E.D. Pa. 2017), Judge Leeson of the District Court for the Eastern District of Pennsylvania ruled that Read More …
Effective May 3, 2017, employers in Pennsylvania may, under certain circumstances, use payroll card accounts to pay wages to employees. Previously, the Pennsylvania Superior Court, in Siciliano v. Mueller, Read More …
On January 20, 2017, the Third Circuit Court of Appeals decided Karlo v. Pittsburgh Glass Works, LLC, a case involving a claim of disparate impact under the Age Discrimination Read More …
On October 21, 2016, the Pennsylvania Superior Court upheld a lower court decision finding a violation of the Pennsylvania Wage Payment and Collection Law (“WPCL”) where a company paid Read More …
On October 20, 2016, the Department of Justice’s Antitrust Division, together with the Federal Trade Commission, released their Antitrust Guidance for Human Resource Professionals. The Guidance stresses that it Read More …
The Fair Labor Standards Act (“FLSA”) requires employers to pay one and one-half times an employee’s regular rate of pay for all hours worked over 40 in one week. Read More …
In May, we reported that the Department of Labor (“DOL”) had released its final regulations on overtime exemptions, sharply increasing the salary threshold required for an employee to be Read More …
If you have employees that you consider to be exempt from overtime payments, this update is important for you. The Department of Labor (“DOL”) today released its long-awaited final Read More …
In T-Mobile USA, Inc. and MetroPCS Communications, Inc., 363 NLRB No. 171 (April 29, 2016), the National Labor Relations Board (“NLRB”) held that certain provisions in the employers’ handbooks Read More …
In Ely v. Susquehanna Aquacultures, Inc., 2015 Pa. Super. 247 (November 25, 2015), the Pennsylvania Superior Court held that the Wage Payment and Collection Law (“WPCL”) could not be Read More …
The Third Circuit Court of Appeals, which covers Pennsylvania, decided MCPC Inc. v. National Labor Relations Board, Nos. 14-1379, 14-1731 on February 12, 2016. The court addressed when a Read More …
On January 20, 2016, the Department of Labor (“DOL”) issued Administrator’s Interpretation No. 2016-1, which provides guidance on when employers may be jointly liable for violations of the Fair Read More …
On February 1, 2016, the Equal Employment Opportunity Commission (“EEOC”) proposed to collect wage data on its EEO-1 Report from employers with 100 or more employees. Currently, federal contractors Read More …
The Older Adults Protective Services Act (“the Act”) prohibits individuals with certain criminal convictions from being employed to take care of older adults. Disqualifying convictions include such crimes as Read More …
Pennsylvania’s Personnel Files Act allows employees to review their personnel files once per year. While there are some restrictions on an employee’s right to inspect his or her file, Read More …
Many employers ask employees to sign arbitration agreements requiring them to arbitrate any claims they may have against the company, waiving the right to file a claim in court. Read More …
Cadillac Tax On December 18, 2015, President Barrack Obama signed, and Congress approved, the Consolidation Appropriations Act of 2016. The legislation includes a two-year delay of the Affordable Care Read More …
In Davis v. Temple University Hospital, Inc., No. 14-5981 (E.D. Pa. 2015), the Eastern District of Pennsylvania affirmed that, under appropriate circumstances, an employee can be terminated from employment Read More …
On November 18, 2015, the Third Circuit Court of Appeals, which is the federal circuit court covering Pennsylvania, found that a company using a staffing firm to engage temporary Read More …
On November 18, 2015, the Pennsylvania Supreme Court decided Socko v. MidAtlantic Systems of CPA, Inc., No. 142 MAP 2014 (Pa. 2015), holding that a restrictive covenant entered into Read More …
The Patient Protection Affordable Care Act (“ACA”) amends the Internal Revenue Code by adding new Section 6056 which requires Applicable Large Employers, beginning in 2016, to file informational returns Read More …
Federal contractors and subcontractors need to be aware of two recent actions by the Administration that are sure to have an impact on their businesses. Paid Sick Leave. First, Read More …
In a hotly contested decision, the National Labor Relations Board (“NLRB”), in Browning-Ferris Industries of California, Inc., Case 32-RC-109684 (August 27, 2015), greatly expanded the definition of “joint employer” Read More …
In Straub v. Proctor Hosp., 562 U.S. 411 (2011), the United States Supreme Court held that employers could be held liable for intentional discrimination, even if the decisionmakers had Read More …
Independent contractor status is an increasingly controversial issue. Whether an individual is an employee or an independent contractor can affect the individual’s ability to obtain unemployment compensation, worker’s compensation, Read More …
On June 30, 2015, the Department of Labor announced its long-awaited proposed revisions to exemptions from overtime under the Fair Labor Standards Act (“FLSA”). Currently, in order to meet Read More …
The United States Supreme Court, on June 1, 2015, expanded employer liability for religious discrimination in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 14-86 (June Read More …
On May 22, 2015, the Third Circuit Court of Appeals (which covers Pennsylvania) clarified what constitutes a “serious health condition” under the Family and Medical Leave Act (“FMLA”). Under Read More …
Under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), fiduciaries of ERISA plans have a duty to exercise reasonable prudence with respect to investments offered under Read More …
On April 17, 2015, the Pennsylvania Superior Court in Stewart v. FedEx Express, No. 1104 WDA 2014 (Pa. Super. 2015), dismissed a claim for wrongful discharge brought by an Read More …
On April 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) proposed its long-awaited regulations on wellness programs and the Americans with Disabilities Act (“ADA”). Wellness programs are permitted under Read More …
On March 25, 2015, the United States Supreme Court decided Young v. United Parcel Serv., Inc., No. 12-1226 (March 25, 2015), addressing whether a company’s failure to provide reasonable Read More …
On March 18, 2015, the General Counsel to the National Labor Relations Board (“the Board”) released a report that attempts to clarify when the Board will find that employee Read More …
On February 18, 2015, the Internal Revenue Service (“IRS”) issued Notice 2015-17 which provides further guidance on the application of the Affordable Care Act (“ACA”) to employer premium payment Read More …
On February 13, 2015, the Third Circuit Court of Appeals, which covers Pennsylvania, decided EEOC v. Allstate Insurance Company, No. 14-2700 (3d Cir. Feb. 13, 2015). The case involved Read More …
On January 26, 2015, the United States Supreme Court in M & G Polymers USA, LLC v. Tackett, No 13-1010 (Jan. 26, 2015) held that collective bargaining agreement (“CBA”) Read More …
On December 16, 2014, the National Labor Relations Board (“NLRB”) decided Pacific Lutheran University, Case 19-RC-102521, changing long-held standards in two areas and broadening its reach over faculty members Read More …
On December 12, 2014, the National Labor Relations Board issued its Final Rule on representational elections under the National Labor Relations Act (“NLRA”). The so-called “ambush” rule significantly shortens Read More …
On December 11, 2014, the National Labor Relations Board (“NLRB”) decided Purple Communications, 361 NLRB No. 126 (December 11, 2014), a case with potentially far-reaching consequences. Purple Communications overturned Read More …
On December 9, 2014, the United States Supreme Court held in Integrity Staffing Solutions, Inc. v. Busk, No. 13-433 (December 9, 2014), that employees do not have to be Read More …
The Equal Employment Opportunity Commission (“EEOC”) announced on November 10, 2014 that it had settled a discrimination case it had filed against three related California seed and fertilizer providers Read More …
The Equal Employment Opportunity Commission (“EEOC”) recently issued guidance regarding protections for lesbian, gay, bisexual and transgender (“LGBT”) employees. While Title VII of the Civil Rights Act of 1964, Read More …
On November 7, 2014, the Pennsylvania Commonwealth Court handed down Owens v. Lehigh Valley Hospital, No. 472 CD 2014 (Nov. 7, 2014), expanding the reach of wrongful discharge claims. Read More …
The EEOC announced on September 3, 2014 that it completed the mailing of the 2014 EEO-1 survey notification letters. All private employers with at least 100 employees, as well Read More …
FMLA Notices The Third Circuit Court of Appeals issued two important decisions under the Family and Medical Leave Act in August. On August 5, 2014, the court decided Lupyan Read More …
The Fair Labor Standards Act (“FLSA”) requires employers to pay minimum wage, and to pay overtime to non-exempt employees who work more than 40 hours in a workweek. In Read More …
In Verderame v. RadioShack Corp., Civil Action No. 2:13-2539 (E.D. Pa. July 10, 2014), the United States District Court for the Eastern District of Pennsylvania held that employers in Read More …
On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance on pregnancy discrimination and related issues, by examining the Pregnancy Discrimination Act (“PDA”), which requires that Read More …
Aaron is President and a shareholder of Blakinger Thomas and Chair of the Tax Section. He represents businesses, lenders and individuals regarding general business matters, financing, acquisitions and tax matters. Aaron’s Read More …
Blakinger Thomas is pleased to announce the admission of five new partners, effective January 1, 2020. Phillip J. Caramenico Phil received his B.A. (cum laude), J.D. and LLM in Read More …
Firm partner George Cook will give a seminar on September 11, 2019 at the 2019 Dairy Financial Conference in Summerdale, Pennsylvania, put on by the Center For Dairy Excellence. Read More …
May and June are full of the signs of coming of age for young adults all across Pennsylvania. Prom, College and High School Graduations all act as symbolic rituals Read More …
If you serve as a guardian of an incapacitated person (“IP”) in Pennsylvania, you should be aware of some recent changes to this area of the law which were Read More …
On February, 6, 2019, George Cook will give a presentation at the Pennsylvania Dairy Summit to be held at the Lancaster Marriott. George’s topic is “Mergers and Acquisitions for Farmers.” Read More …
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