In an important decision for employers and unions alike, the Third Circuit Court of Appeals, the federal appeals court with jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, held that a union could be liable under the federal Racketeering Influenced and Corrupt Organizations (RICO) Act. The decision opens a new avenue
Adam Santucci
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…
EEOC Issues Guidance on Using Artificial Intelligence in the Hiring Process
At our 31st Annual Labor and Employment Law Seminar, there was a panel discussion regarding the War for Talent. As part of that presentation, we reviewed some of the new and creative application processes that employers are adopting to help attract, screen and onboard employees more effectively and efficiently. We also discussed the use…
Pay For College Play Not Coming to a School Near You
This post was authored by Frank Lavery, II, a Law Clerk with McNees. Frank is currently a student at the University of Notre Dame Law School and expects to earn his J.D. in May of 2022.
On June 21, 2021, the United States Supreme Court issued its opinion on the hotly contested issue of compensation…
New York Strikes First On COVID Influenced Legislation
On May 5, 2021, New York Governor Andrew Cuomo signed A2681B/S1034—the Health and Essential Rights Act (“HERO Act” or “Act”), which requires employers to enact an airborne infectious disease exposure prevention standard for all work sites and to create a workplace safety committee.
Under the Act, the NY Department of Labor, in consultation with the…
Nanny Cams & Workplace Privacy: PA Supreme Court Provides Clarity on Domestic Employees’ Expectation of Privacy
By Adam Santucci & Conner Porterfield. Conner is a third-year law student at Rutgers University School of Law with an expected graduation date of May 2021.
In the recent decision of Commonwealth v. Mason, the Pennsylvania Supreme Court held that a nanny did not have a reasonable expectation of privacy while working inside the…
Why the Protecting the Right to Organize Act (PRO Act) Keeps us Awake at Night
The United States House of Representatives has passed the PRO Act, which now moves to the Senate for consideration. If passed, the PRO Act would probably be the most radical, and union friendly, change to U.S. labor law since the passage of the National Labor Relations Act (Act) in 1935. And it is keeping us…
NLRB Restores Decades Old Case Law Related to Employee Discipline Prior to Negotiation of a First Contract
The National Labor Relations Board has restored a prior standard, one that had stood for about 80 years before being overturned in 2016, which governs an employer’s duty to bargain over employee discipline during the time period between when a new union is certified and a first contract is negotiated. In 800 River Road Operating…
NLRB Adopts Single Rule to Evaluate Employee Misconduct
The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has resulted in heightened protection for employee misconduct that takes place during the course of protected activity, such as strikes. However, in General Motors LLC…
Gov. Wolf Orders All ‘Non-Life-Sustaining’ Pa. Businesses to Close Physical Locations to Address COVID-19 Outbreak
As of 8:00 p.m. Thursday evening, March 19, 2020, all “non-life-sustaining” businesses throughout Pennsylvania must close its physical locations in response to the COVID-19 coronavirus outbreak, according to a new order issued by Gov. Tom Wolf.
The new mandate, which is a follow-up to the administration’s recommendation that all non-essential businesses suspend operations to…