Tag Archive for: Pennsylvania

August Updates

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This Short List addresses the following topics:
  1. H-2B Visa Numerical Limit Increased for FY2017
  2. Employers Can Pay a Premium to Expedite H-1B Visa Processing Once More
  3. 2017 Veterans’ Employment and Training Service Filing Season Began August 1
  4. U.S. Department of Justice Files Brief Stating Title VII Does Not Protect Sexual Orientation
  5. First Circuit: Parts of the Massachusetts Earned Sick Time Law Do Not Apply to Railroad Workers
  6. Ninth Circuit: Mortgage Underwriters Are Not Exempt Under the FLSA Administrative Exemption
  7. California: DFEH Modifies Gender-Neutral Restroom Signage Rule for Non-Flushing Toilets
  8. Pennsylvania: Former Employees Are Not Entitled to Inspect Personnel Files
  9. Minneapolis, MN: Minimum Wage Will Increase to $15/hr by 2024
  10. St. Louis, MO: Minimum Wage Ordinance Nullified
  11. Rhode Island: Non-Competes Must Have Assignability Clauses to be Effective for New Owners
  12. Wisconsin: Revised Language, Requirements Regarding Employing Minors

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June Updates

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This Short List addresses the following topics:
  1. IRS Announces 2018 Health Savings Account Limits
  2. Colorado: Wage Violations are Now Public Record
  3. Missouri: Minimum Wage Preemption Bill Soon to be in Effect
  4. Oregon: Final Rules to Implement Retirement Savings Program Published
  5. Washington: Statewide “Blacklist” Statute Revives the Defunct Federal Rule
  6. Minnesota: Preliminary Rules, Other Resources for Minneapolis/St. Paul Paid Sick Leave Now Available
  7. Pittsburgh, PA: Paid Sick Leave Confirmed Off the Table; Appeal Expected

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Third Circuit: FMLA Leave Cannot be Any Basis for Adverse Action against Employees

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All Employers with DE, NJ and PA Employees

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November 14, 2016

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In Egan v. Delaware River Port Authority, the Third Circuit court stated that any time an employee’s use of FMLA leave is given any “negative weight” when taking an adverse employment action against an employee, it is considered to be retaliation. There, the plaintiff was granted intermittent FMLA leave for migraines.  Though the employer approved the time off, the plaintiff believed that management was unhappy with him taking time off.  When his position was later eliminated, the employee sued, alleging that that his employer had a “mixed-motive” for his termination, and that he was retaliated at least in part for taking FMLA leave.

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Third Circuit: Employer’s Good Faith Belief that FMLA Leave was Misused May Defeat Retaliation Claim

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All Employers with DE, NJ and PA Employees

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January 30, 2017

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On January 30, 2017, the Third Circuit Court of Appeals stated that an employer’s good-faith belief that an employee has abused FMLA leave could potentially defeat an FMLA retaliation claim, even if the employer’s belief is ultimately incorrect.  This decision aligns with several other circuit courts that have previously found such a good-faith belief could be a non-discriminatory reason for terminating an employee.

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Philadelphia, PA: Employers Prohibited From Inquiring Into Wage History

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All Employers with Philadelphia, PA Employees

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May 23, 2017

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In addition to its prohibition on credit checks and anti-wage theft ordinance, Philadelphia continues to strengthen its pay protection statutes with the new Wage Equity Bill (the “Bill”).  The Bill, signed on January 23rd and effective May 23rd, prohibits employers from inquiring into or requiring prospective employees to disclose their wage and fringe benefits history.

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Philadelphia Updates: No More Credit Checks; New Wage Theft Prevention Law

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All Employers with Philadelphia, PA Employees

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Varies; See below

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(888) 378-2456

Philadelphia has recently implemented two new ordinances affecting employers: (1) an expansion of the obligations under the current anti-wage theft ordinance, and (2) the prohibition of credit checks and credit-related information when making employment decisions.

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May Updates

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This HR Alert addresses the following topics:
  1. USCIS Says to Keep Using Expired I-9 Form
  2. Phishing Scam Targets HR/Payroll Processes
  3. Austin, Texas Passes “Ban the Box” Ordinance
  4. California Paid Family Leave Benefit Amount Increases
  5. Philadelphia “Ban-the-Box” Poster Published
  6. Seattle, Washington Guidance on Amendments to Labor Standards Ordinances and Compliance Date

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