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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.

Taxpayer’s Management Fee Between Wholly Owned Entities Disallowed

Facts: the taxpayer had organized his trucking business into several different wholly-owned businesses for a variety of reasons, including separating assets from liability for higher risk activities.

PA’s Labor Dept Promulgates Regulations for the Prohibition of Excessive Overtime in Health Care Act

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.

Plaintiff’s Participation in Sexually Illicit Jokes and Emails Dooms her Sexual Harassment Case

“The plaintiff did not seem to be offended” is generally not a good defense to a sexual harassment lawsuit, but with the proper supporting evidence, it just might be enough to obtain a defense verdict.

Amendments to Pennsylvania’s Unemployment Compensation Law

Recent amendments to Pennsylvania’s Unemployment Compensation (UC) Law will bring changes to the way benefits are calculated and paid to future unemployment compensation claimants.

Pennsylvania Supreme Court Finds Agency Home Health Care Workers Eligible for Overtime Pay

Pennsylvania’s Minimum Wage law requires that employees who work in excess of 40 hours in a workweek be paid overtime at the rate of 1½ times the worker’s regular rate of pay.
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