Articles

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.

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.

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.

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.

Pennsylvania’s “Act 102” has been in effect since July 1, 2008. The law prohibits health care facilities from requiring certain employees to work mandatory overtime shifts above and beyond their predetermined and regularly scheduled daily work shifts.

Due to the nature of their affiliations, businesses that outsource particular tasks and functions are often joined as defendants in lawsuits filed by the outsourced entity’s own employees on the theory of “joint employership” found in the Fair Labor Standards Act (FLSA).

Knox McLaughlin Gornall & Sennett, P.C. is a sponsor of Blue Tree Allied Angels Erie Network (“Erie Angel Network”).

An Air Force reservist who claimed that he was denied the right to “reclaim” his civilian job after returning from a deployment to Pakistan was recently awarded the right to pursue punitive damages under a state tort claim for wrongful discharge by the U.S. District Court for the Western District of Pennsylvania.

This article is written for employers who: (i) have a 401(k) plan; (ii) contribute (or have cash flow to contribute) at least 3% to 5% of employee compensation to the plan; and (iii) would like to differentiate the level of benefits for key employees (including owners) from the level of benefits provided to other employees.

The Department of Labor (DOL) has recently changed its longstanding position regarding the allocation of certain plan fees to the accounts of participants who utilize certain plan features.