The holiday season is in full swing, and what better way to celebrate the joyous season than with a festive soiree, right? In many cases, this is the first time in a couple of years that employees are getting together for an in-person gathering. Some employees may be ready to reconnect and cut loose. So,
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Federal Appeals Court Finds Vulgar Workplace Graffiti is Protected Activity (Sometimes)
No, your eyes aren’t playing tricks on you. You read that correctly. The U.S. Court of Appeals for the D.C. Circuit recently affirmed a ruling by the NLRB which found an employer violated the National Labor Relations Act when it fired an employee who wrote a vulgar phrase on an overtime sign-up sheet. But, the…
NYC Passes Ordinance Restricting Use of AI in Employment Applicant Screening
We recently wrote about the Equal Employment Opportunity Commission’s Guidance on the use of Artificial Intelligence in the hiring process. AI is exploding. It is being put to use in many different industries and toward many different applications, including in various human resources related functions. As we previously discussed, the use of AI can…
McNees Launches Human Resource Management Consulting Firm
McNees recently announced the creation of HR Influenced, a human resource management consulting firm offering a variety of HR solutions. Led by Kristen Evans, a dynamic HR professional with decades of experience, HR Influenced will offer clients a full array of professional services including: recruiting, leadership coaching, compensation and benefits analysis and support, employee recognition…
Court Blocks Federal Contractor COVID-19 Vaccine Mandate in Three States (But Not Pennsylvania)
On November 30, 2021, a federal district court in Kentucky issued a preliminary injunction pausing enforcement of the federal government’s COVID-19 vaccine mandate for federal contractors and subcontractors in all covered contracts in Kentucky, Ohio, and Tennessee. See Commonwealth of Kentucky, et al. v. Biden, No. 3:21-cv-00055 (E.D. KY, Nov. 30, 2021). The decision…
Vaccine Mandates Loom Large
“Vaccinating the Unvaccinated” is central to the Biden Administration’s “Path Out of the Pandemic.” Federal agency workers and military personnel are required to be vaccinated; health care facilities that participate in Medicare or Medicaid must require vaccination for health care workers; certain federal government contractors must ensure that covered employees are vaccinated (see our prior…
PA School Districts Given the Green Light to Exceed Mandates of PA School Code on Background Checks for Contractors
A recent decision from Pennsylvania’s Commonwealth Court is likely to result in additional burdens on construction firms working with Pennsylvania school districts. In an already tight labor market, the court’s decision in United Union of Roofers, Waterproofers and Allied Workers, Local Union No. 37 v. North Allegheny School District et al could add to the…
Will the Federal Arbitration Act Dismantle California’s Prohibition Against Employment Arbitration?
If your business operates in California, you need to be aware of AB 51, a law that will take effect January 1, 2020. AB 51 precludes employers from requiring any applicant or employee, as a condition of employment, continued employment, or the receipt of any employment-related benefit, “to waive any right, forum, or procedure”…
PA Law will Build on Construction Employers’ Duty to Verify Work Authorization
Effective October 6, 2020, Pennsylvania’s Construction Industry Employee Verification Act will require the use of the E-Verify system for all construction industry employers.
The Act defines the construction industry as those who engage in the erection, reconstruction, demolition, alteration, modification, custom fabrication, building, assembling, site preparation and repair work or maintenance work done on real…
Now It’s Pennsylvania’s Turn – Governor Wolf Announces Proposed Increases to Minimum Salary Requirements for State Law Overtime Exemptions
As many will recall, the U.S. Department of Labor issued regulations in May 2016 that would have increased dramatically the minimum salary requirements for the Fair Labor Standards Act’s “white-collar” overtime exemptions. The 2016 FLSA regulations would have more than doubled the minimum weekly salary requirement for most white-collar overtime exemptions from $455 to $913…