Employment Law
US Supreme Court Limits Scope of Computer Fraud Law
On June 3, 2021, the United States Supreme Court issued a long-awaited decision on the scope of the Computer Fraud and Abuse Act (“CFAA”). Van Buren v. United States, _ U.S. __, 141 S. Ct. 1648, 2021 WL 2229206, 2021 U.S. Lexis 2843. The Court held that the CFAA prohibited only the gathering of information […]
Pennsylvania Supreme Court Invalidates No-Hire Contracts
In 2018, I blogged about the Pennsylvania Superior Court decision in Pittsburgh Logistics Services v. Beemac Trucking, LLC, invalidating a no-hire contract between two transportation firms. Earlier this year, the Pennsylvania Supreme Court affirmed the Superior Court. See Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, _ A.3d , 2021 WL __, 2021 Pa. Lexis […]
Sexual Harassment in the Workplace
For business owners, minimizing the risk of civil liability is one of the most effective ways to avoid impacting your profitability by unnecessary lawsuits. A sexual harassment lawsuit by an employee can result in a substantial award paid by the employer. In 2019, Employers paid out a record $68.2 million through the Equal Employment Opportunity […]
Offensive Social Media Posts by Pennsylvania Employees Justify Termination
“If you can’t say anything nice, don’t say anything at all,” our parents told us. Two recent Pennsylvania employment termination cases give this same advice to adult social media users. In both cases, courts upheld terminations for employees’ mean-spirited off-duty social media comments. In Carr v. Commonwealth, 230 A.3d 1075 (Pa. 2020), a PennDOT employee […]
Do I Need to Pay Philadelphia City Wage Tax During the Pandemic?
The Covid-19 Pandemic has brought many changes to our lives, requiring masks when leaving the house, frequent hand washing, and (for many people) work from home. For suburbanites who work in the City of Philadelphia, there is an unexpected twist from Governor Wolf’s stay at home order – in the form of a tax refund. […]
Non-Solicitation Agreements- The Third Rail of Employee Mobility Law
When an ex-employee works for a competitor, the violation of a non-compete covenant is clear-cut. But few employment contracts define what it means to “solicit”. What is a non-solicitation agreement? Non-solicitation agreements prevent a departing employee from soliciting the old employer’s customers or workforce to do business or work with a new employer. These clauses […]
Employers Can Now Use After-Acquired Evidence in Court to Show Employee Wasn’t Qualified For the Job
The Anthony decision provides welcome support for employers who find that a discrimination plaintiff has concealed a lack of basic credentials to hold a job. In April 2020, the Ninth Circuit Court of Appeals ruled that an employer can defeat an Americans with Disabilities Act (ADA) claim with after-acquired evidence that the ex-employee lacked a […]
Business Owners in PA – Your Reopening Questions Answered
As PA counties move into the green phase of reopening and non-essential business commences, employers and business owners in PA have many questions. We have compiled and answered some the most important questions below. by Employment Attorneys James B. Shrimp and Thomas D. Rees 1. My business has reopened and I have an employee that […]
How does the Relief For Workers Act Affect Unemployment Compensation Claims?
The new act removes restrictions on eligibility for unemployment compensation, raises the dollar benefit amount; and increases the maximum weeks for collection.
How the Families First Coronavirus Response Act Will Affect Local Business
The Act seeks to address the impact of coronavirus in a number of areas, but how will it affect employees, employers and their businesses in PA? On the night of Tuesday, March 17th, 2020, the President signed the Families First Coronavirus Response Act. It was passed by Congress in hopes that it will assist Americans, […]