Adam Santucci

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As we approach the halfway point in the year, there are several noteworthy trends in state employment law that you should be aware of in order to proactively address potential high risk areas for your operation and stay compliant with the law. This post provides a summary of some of the hot-button issues affecting employers at the state level.

Employers must stay current on these ever-changing employment law trends, and we will continue to keep you up-to-date on these issues. In addition, we will be hosting our Annual Labor and Employment Law Seminar on June 1, 2012, which will cover labor and employment law developments and trends. For more information about our seminar, including registration information, please visit the events page on our web site at www.mwn.com or follow the links in the post.
Continue Reading Current Trends in State Labor and Employment Law

According to the Equal Employment Opportunity Commission, if current incarceration rates continue, 1 in 3 African-American men and 1 in 6 Hispanic men will be incarcerated during their lifetimes. The rate for white men is only 1 in 17. Given this disparity in incarceration rates, the EEOC has long been concerned that employer policies restricting hiring based on prior criminal convictions may unfairly deprive minorities of employment opportunities.

In Enforcement Guidance issued on April 25, 2012, the EEOC outlined its approach for determining whether an employer’s criminal history screening policies violate Title VII on the grounds of either “disparate treatment” or “disparate impact.”…
Continue Reading EEOC Guidance Highlights the Risks of Using Criminal History Checks in Hiring

Thanks to recent headlines about the increase in employers demanding social media passwords of employees and job applicants, employers have gotten a quick lesson on the increased the risks of this practice, especially if the employer neglects to have the proper policies and procedures in place.
Continue Reading Is there a way to safely use social media in the interview process?

There has been a lot of backlash against the practice of employers asking potential employees for their Facebook password. So much so that U.S. senators are calling on the EEOC and the U.S. Department of Justice to launch an investigation to determine whether this practice is lawful. Facebook is also weighing in and threatening legal action against employers who engage in this practice.

In this blog post I provide a brief video update on the Facebook story and describe best practice alternatives to relying on social media in employee hiring.
Continue Reading How to screen job applicants without asking for the Facebook password

You may recall a prior entry on our blog detailing the National Labor Relations Board’s Acting General Counsel’s first social media report. The Acting General Counsel’s second report was issued just six months later, which highlights how quickly the issues surrounding social media in the workplace are developing. It is important for private sector employers to remember that the National Labor Relations Act applies, whether or not employees are represented by a union.
Continue Reading Second Verse: Worse Than the First!

This post was contributed by Bruce D. Bagley, Esq., a Member in McNees Wallace & Nurick LLC’s Labor and Employment Law Practice Group.

As readers of this blog may recall, on August 30, 2011, the National Labor Relations Board (Board) issued its Final Rule, “Notification of Employee Rights under the National Labor Relations…

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

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