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Arbitration Agreement Scrutinized by the Third Circuit

Agreements compelling employees to submit employment-related claims to arbitration have become a standard part of many employment contracts.

Update: NLRB Posting Requirement

We've kept you updated about the status of the National Labor Relations Board ("NLRB") Posting rule that was finalized in late 2011.

Area Nonprofit Organizations Should Prepare for Challenges to Tax-Exempt Status

The tough economic climate and the decline of taxable real estate has encouraged local government officials to review the tax-exempt status of area nonprofit organizations.

New Year – New Disclosure Requirements Beginning in 2012, Part II

In addition to the participant disclosure requirements described in Part I the Department of Labor (“DOL”) has issued regulations relating to service provider contracts with retirement plans. Under the service provider rules, covered service providers must make certain disclosures to the plan fiduciary (the employer).

New Year - New Disclosure Requirements Beginning in 2012, Part I

401(k) plans have become the most popular type of retirement plan. Participant direction of investment is a common feature of 401(k) plans. To insure that participants are provided with the information they need in order to make informed investment decisions, the Department of Labor (“DOL”) has issued participant disclosure regulations effective for plan years beginning in 2012.

More Changes to PA Unemployment Compensation Requirements

Unemployment compensation rules changed significantly on January 1, 2011.

Employment “At-Will” Presumption Alive and Well in Pennsylvania

As the Third Circuit Court of Appeals reiterated last month in Edwards v. Geisinger Clinic, No. 11-1528 (January 23, 2012), Pennsylvania remains firmly an “at-will” employment state.

Individual Supervisors Can Be Held Liable Under the FMLA

The Third Circuit Court of Appeals has held that supervisors of both private and public employers may be held personally liable under the Family Medical Leave Act (“FMLA”).

Supreme Court Rejects Applebee’s Appeal in “Tip Credit” Wage Complaints

The United States Supreme Court recently announced that it will not hear an appeal from Applebee’s International Inc. in a wage-related case involving tipped employees.

Marcellus and Retirement Planning Opportunities

Lost in the dollar volume of the Marcellus Shale opportunities is the traditional and prudent desire to “set some aside” for retirement.

Re-evaluating the “Business Necessity” of “Residents Only” Hiring Requirements

For state public sector employers, residency requirements for police, firefighters, and other protective services personnel are not only commonplace, but an oft-practiced and widely accepted condition to employment.

EEOC Questions High School Diploma Requirements in Job Applications

Over the past decade, employers and human resources personnel have been repeatedly encouraged to update and modify employment applications and questionnaires to comply with the ever-expanding reach of federal anti-discrimination laws.

New NLRB Posting Requirement Postponed (Again)

A new regulation requiring employers to post a notice of employees rights under the National Labor Relations Act (NLRA) in the workplace is on hold once again.

Health Care Industry Employers Should Review and Update Overtime Payroll Practices

A few weeks ago, we told you about the proposed regulations to Pennsylvania’s “Act 102,” which prohibits health care facilities from requiring certain employees to work mandatory overtime shifts beyond their predetermined and regularly scheduled daily work hours.

Pennsylvania Court of Common Pleas Finds Contents on Facebook Profile Discoverable

Given the infancy of social networking as a widespread national phenomenon, it is no surprise that state and federal courts are just now beginning to address the admissibility of evidence derived from such sites as Facebook, Twitter and LinkedIn.

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