February 2012

Recently, members of McNees Wallace & Nurick LLC’s Transportation, Distribution & Logistics Group issued an Alert containing two articles that will certainly be of interest to many employers.
The first article, by Barbara A. Darkes, summarizes Pennsylvania’s implementation of the new medical certification requirements for individuals holding Commercial Drivers Licenses.

The second article, by James J. Franklin, summarizes a new law that bans texting while driving on all Pennsylvania roadways effective March 9, 2012. Employers should review these developments carefully and revise their policies as necessary.
Continue Reading Ban on Texting While Driving in Pennsylvania & New CDL Requirements

The past couple of weeks have been busy ones for the Department of Labor (“DOL”), the Department of Health and Human Services (“DHHS”) and the Department of Treasury (“DOT”) (collectively, the “Departments”). Since February 9, 2012, the Departments have issued two sets of final regulations and a Technical Release bulletin, providing some long-awaited guidance on a…

A recent Third Circuit Court of Appeals decision has made clear that supervisors in public agencies may be subject to individual liability under the Family and Medical Leave Act (FMLA). The court previously has held that public employers, private employers, and supervisors in the private sector may be liable for FMLA violations. Now, for the first time, the court has extended FMLA liability to supervisors in the public sector.

The facts in the case will probably seem eerily familiar to many of you. But the result is scary for public sector supervisors, who now may be personally liable for back pay and other damage awards where their individual actions and decisions violate the FMLA.
Continue Reading Public Sector Supervisors Can Be Personally Liable for Violations of the FMLA

In June 2011, the Pennsylvania General Assembly enacted a law amending the Pennsylvania Unemployment Compensation Law. Many of the amendments’ provisions took effect January 1, 2012, including additional “active search for employment” eligibility requirements for claimants to collect UC benefits.
…
In interpreting the active search requirement and statutory exceptions, the Pennsylvania Department of Labor and Industry established specific steps that a claimant must take to satisfy the active search requirement. L&I also added the caveat that, to be relieved from the active search requirement under the layoff/lack of work exception, the claimant must have a projected return to work date within 28 calendar days of when he last worked. The addition of the 28-day requirement caused significant concern for employers who engage in seasonal layoffs, particularly those in the construction industry.
Continue Reading Labor & Industry Revises New Active Search Requirements for UC Eligibility, Drops “28 Calendar Days” Recall Requirement for Temporary Layoff Exception