On November 11, 2010, we reported that the Hartford, CT Regional Office of the National Labor Relations Board (NLRB) issued a Complaint alleging that an employer illegally terminated an employee who mocked her supervisor on her personal Facebook page. Our post can be viewed by clicking here.
Adam Santucci
Public Employers Still Cannot Unilaterally Impose Restrictions on Union Employees’ Tobacco Use
By Adam Santucci on
Posted in Public Employers
This post was contributed by Kelley E. Kaufman, Esq., an Associate in McNees Wallace & Nurick LLC’s Labor and Employment Law Practice Group.
In a recent decision, the Supreme Court of Pennsylvania evaluated whether a public employer’s ban on employee tobacco use in the workplace affected a "working condition" that was subject to the…
Federal Court Creates New Exception to Pennsylvania At Will Employment Doctrine
By Adam Santucci on
Posted in Termination
Pennsylvania has long been considered an "employment at will" state – meaning that employers and employees may terminate their employment relationship at any time with or without cause or prior notice. However, the number of exceptions to the "at will doctrine" seems to grow every year. The year 2010 was no exception. In Hamovitz v. …
Effective January 10, 2011, New GINA Regulations Will Impact Common HR Practices
By Adam Santucci on
Posted in Discrimination & Harassment
Today, Adam R. Long, Esq. of McNees Wallace & Nurick LLC’s Labor and Employment Group issued an Employer Alert titled "Effective January 10, 2011, New GINA Regulations Will Impact Common HR Practices."
The Employer Alert discusses the Genetic Information Nondiscrimination Act of 2008 (“GINA”), which prohibits the use of genetic information in employment decisions and restricts an…
National Labor Relations Board Proposes Rule Requiring Posting of Employee Rights
By Adam Santucci on
Posted in Unions
On December 21, 2010, the National Labor Relations Board ("Board") issued a Notice of Proposed Rulemaking (pdf), which, if finalized, would require employers to notify employees of their rights under the National Labor Relations Act ("Act"). If you would like to review the Board’s News Release regarding the proposed rule, please click here (pdf)…
Employee Who is Repeatedly Found Sleeping on the Job Entitled to Unemployment Compensation
By Adam Santucci on
Posted in Termination
The Commonwealth Court of Pennsylvania recently concluded that an employee who was found sleeping on the job four (4) times was entitled to unemployment compensation benefits under the Pennsylvania Unemployment Compensation Law ("Law"). Phila. Parking Auth. v. Unemployment Comp. Bd. of Review, 1 A.3d 956 (Pa. Commw. Ct. 2010) (pdf). Under the…
OFCCP Jurisdiction Extended to More Hospitals and Health Care Providers
By Adam Santucci on
Posted in Affirmative Action
Today, Rick L. Etter, Esq. and Schaun D. Henry, Esq. of McNees Wallace & Nurick LLC’s Labor and Employment Group issued an Employer Alert entitled "OFCCP Jurisdiction Extended to More Hospitals and Health Care Providers."
The Employer Alert discusses the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP), which was recently extended…
NLRB Issues Complaint Over Facebook Posts Mocking Supervisor
By Adam Santucci on
Posted in Employer Liability
In what the National Labor Relations Board’s (the "NLRB") Acting General Counsel called a "straightforward case" under the National Labor Relations Act ("NLRA"), the Hartford Regional Office of the NLRB issued a Complaint (pdf) alleging that an employer illegally terminated an employee who posted disparaging remarks about her supervisor on her personal Facebook page. While…
Third Circuit Holds Ledbetter Fair Pay Act Does Not Save Untimely Failure-to-Promote Claims
By Adam Santucci on
Posted in Discrimination & Harassment
A recent decision by the Third Circuit Court of Appeals allows employers to breathe a sigh of relief. In Noel v. Boeing Co. (pdf), the court concluded that an otherwise untimely discrimination claim, alleging that the employer discriminated against an employee by failing to promote the employee, is not rendered timely by the Ledbetter…
The Internet – The Next Frontier for the ADA: Will Your Website Comply?
By Adam Santucci on
Posted in Discrimination & Harassment
Members of McNees Wallace & Nurick LLC’s Litigation Group published a Litigation Newsletter that contains an article that may be of interest to readers of our blog. The article, "The Internet – The Next Frontier for the ADA: Will Your Website Comply?" discusses a recent notice issued by the Department of Justice…