December 2011

As a reminder, amendments to the Pennsylvania Unemployment Compensation Law that provide for severance pay offsets against unemployment compensation benefits take effect January 1, 2012. We discussed in a prior post the amendments’ definition of “severance pay” and how the severance pay offset will be calculated.

Please note that severance agreements reached between an employer and employee in 2011 should not impact the employee’s unemployment compensation benefits, even if the severance pay continues into 2012. The offset will apply, however, to agreements reached on or after January 1, 2012.
Continue Reading REMINDER: Severance Pay Offset to Unemployment Compensation Benefits Takes Effect January 1, 2012 In Pennsylvania

On December 23, 2011, the National Labor Relations Board announced that it had agreed to again postpone the effective date of its controversial Employee Notice Posting Rule. In the news release announcing the postponement, the Board confirmed that the postponement was agreed to at the request of a federal court in Washington, D.C., which is hearing one of the legal challenges to the Notice Posting requirement.

On October 6, 2011, we discussed the requirements of the Notice Posting Rule and the Board’s announcement that it was delaying the implementation date for the Notice Posting Rule until January 31, 2012. The Notice Posting Rule will now become effective on April 30, 2012, if the challenges to the Rule are unsuccessful.
Continue Reading NLRB Again Postpones Employee Notice Rule’s Effective Date

Let’s say that you are having a Holiday party (with alcohol served) at your home, or you are a business owner and you are having a voluntary “company” party for your employees. If someone becomes “visibly intoxicated” at your party, are you as the host of the party liable if the visibly intoxicated guest leaves your party and injures himself or someone else? Does your homeowners or commercial liability policy cover you for defense costs and for a settlement or judgment if you get sued? What about workers’ compensation coverage for your employees?

The answers are complicated, I’m afraid.
Continue Reading Are you liable for serving alcohol at holiday parties in Pennsylvania? Does your insurance policy cover you?

Does your company’s leave policy call for an employee’s termination following the expiration of his or her leave entitlement?  Does your company charge “attendance points” against employees regardless of the reason for the absence?  Does your company require employees to be released to work without restrictions before they are permitted to return from a medical …

On November 30, 2011, by a vote of 2-1, a bitterly divided National Labor Relations Board (Board) resolved to move forward with some, but decidedly not all, of the procedural changes it had proposed on June 22. While the Board’s Democratic majority referenced its desire to reduce “unnecessary, expensive, and time-consuming litigation for the Board and all parties,” the dissenting Republican Member, and most observers, have more accurately described the measure as another effort to shorten the time from the filing of an election petition to the date of the election. This would make it more difficult for employers to communicate with employees prior to the vote, and make it easier for unions to win more elections (although unions are already winning elections at a historically high rate of around 70%!).
Continue Reading NLRB Votes To Change Union Election Procedures (But Doesn’t Go All The Way!)