Employers: Does a Force Majeure Clause in Your Contract Cover You During the Coronavirus Pandemic?
The Coronavirus pandemic has upended our lives with little notice. Public events have stopped, schools and stores have closed, the financial markets have been volatile, and people are staying at home. Amid this chaos and uncertainty, how do contracts cover employer emergencies like the Coronavirus? The answer may depend on whether your contract has a […]
Can I Collect Unemployment Compensation During the Coronavirus Pandemic?
If you meet one of the following employment statuses, you may be eligible for unemployment compensation in Pennsylvania. Both employees and employers are trying to navigate the unprecedented measures being implemented by the government to attempt to slow the spread of the COVID-19 virus (Coronavirus). With many businesses being forced to close or alter operations, […]
What is a "Joint Employer?" The U.S. Department of Labor Clarifies
Being designated as a joint employer can have far-reaching ramifications per the FLSA. If you are the owner of a business or franchise that: has multiple locations utilizes contract labor shares employees with another related employer This matters to you, namely, multiple employers can be liable for one employee under the Fair Labor Standards Act […]
What Are the Rules on Retaliation – Can I Discipline an Employee Who Has Previously Complained About Discrimination?
Being an employer requires multiple hats. Aside from day-to-day business operations and long-range planning, employers have to hire and fire employees, investigate workplace complaints, and discipline employees for improper actions. Throughout each of these tasks and others, it is critical to act consistently with state and federal labor and employment laws. Those who don’t follow […]
Stolen Employee Data: Pennsylvania Supreme Court Decision Breaks New Ground
In late 2018, the Pennsylvania Supreme Court decided that employees may sue employers for the release of stolen confidential employee data. The Court’s decision in the Dittman vs. University of Pittsburgh Medical Center, allowed University of Pittsburgh Medical Center (“UPMC”) employees to bring a class action for negligence after a data breach from UPMC’s computer […]
What is garden leave?
What is garden leave (also known as 'gardening leave')? The term sounds pastoral, but its use is practical. Very simply, it is an agreed-upon period when an employer pays a departing key employee not to work before the employee joins a competitor. Originating in England, it means that the employee is to stay “in the […]
You Must be a Current Employee to Review your Personnel File!
July 18, 2018 By Thomas D. Rees, Esquire Last year, the Pennsylvania Supreme Court held that only current employees have the right to review their personnel files under the Pennsylvania Personnel Files Act. This decision in Thomas Jefferson University Hospitals, Inc. v. Pennsylvania Department of Labor and Industry, 162 A.3d 384 (Pa. 2017), does not […]
Watch out for Non-Hire and Anti-Poaching Agreements!
You are the CEO of Company A, a cutting-edge developer of new software. Over golf (or sushi), you agree with the CEO of equally cutting-edge Company B that each of you will not hire or try to hire away the other’s top talent. Is anything wrong with this? Yes! The Sherman Antitrust Act prohibits contracts […]
Update on the Philadelphia Wage Equity Ordinance
The Ordinance On January 23, 2017, the Philadelphia Wage Equity Ordinance (“Ordinance”) was signed by the Mayor. The Ordinance made it unlawful for any business that employs individuals in the City of Philadelphia to (1) inquire about a job applicant’s wage history (“Inquiry Provision”); or (2) to rely upon wage history information in determining a […]
Over the course of your professional career, you may have been required to sign a non-compete agreement, and if you haven’t yet, then now is a good time to learn about these somewhat common and important documents. Oftentimes you will be presented with a non-compete agreement when you are starting a new job or have […]