Jodi Frankel

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In the past year there has been a flurry of activity in the courts and the General Assembly surrounding the availability of unemployment compensation benefit to employees within the state. To start off 2012, amendments to the Pennsylvania Unemployment Compensation Law (“Act 6” or “amendments”) took effect and imposed a requirement that claimants “mak[e] an active search for suitable employment” in order to be eligible for UC benefits. Prior to Act 6, Pennsylvania was the only state that did not require a UC claimant to search for work in order to qualify for benefits. Act 6 directed the state’s Department of Labor and Industry (“L&I”) to establish the specific search efforts necessary for a claimant to satisfy the active search requirements…
Continue Reading Pennsylvania Regulatory Review Panel Disapproves of L&I’s New UC Active Work Search Requirements

Historically, in determining whether an employee discharged for absenteeism and tardiness was eligible for unemployment compensation benefits, the court’s analysis had focused on the final incident that led to termination. Specifically, even where the employer could point to a pattern of excessive absenteeism as the cause for discharge, the employee was not disqualified from receiving benefits if the last absence was justified. Late last year, however, the Commonwealth Court of Pennsylvania issued a decision that appears to undermines this “last in time” approach.
Continue Reading Employee’s History of Absenteeism Sufficient to Deny UC Benefits Even if Final Incident Justified

In 2009, the Family and Medical Leave Act was amended to expand military leave entitlements available under the Act. Last week, the Department of Labor issued new regulations implementing and clarifying these amendments. In conjunction with these new regulations, the DOL has made revisions to its mandatory poster–Employee Rights and Responsibilities under the FMLA. Employers must begin using the updated poster no later than March 8, 2013.
Continue Reading Employers Required to Display New FMLA Poster by March 8, 2013

The Department of Labor (DOL) recently issued additional guidance to employers regarding the definition of “son or daughter” under the Family Medical Leave Act (FMLA) as it relates to an adult child. Under the FMLA, an eligible employee may take leave to care for a son or daughter who is 18 years old or older if the following four conditions are met: (1) the adult child has a disability as defined by the Americans with Disabilities Act (ADA); (2) he or she is incapable of self-care as a result of the disability; (3) he or she has a serious health condition; and (4) the adult child is in need of care due to the serious health condition. A lingering question has been whether the onset of the child’s disability had to occur prior to the child turning 18 in order for the adult child’s parent to be eligible for FMLA leave.
Continue Reading DOL Issues Guidance on Definition of “Son or Daughter” under FMLA

A client shared an interesting article that appeared recently in BusinessWeek which highlights a growing emphasis among H.R. professionals and job interviewers in finding job candidates that are a good “cultural fit” for an organization, even when that means a less qualified candidate is ultimately selected for a particular job. The article focuses on a comprehensive study conducted by Northwestern University professor, Lauren Rivera, who found that many employers are making hiring decisions “in a manner more closely resembling the choice of friends or romantic partners.” According to the study, while qualifications and accolades will usually help a candidate get their foot in the door, more and more people are being asked questions in interviews about their hobbies, pop culture interests, and world views in an effort to determine whether a prospective employee will be compatible with current employees.
Continue Reading Many Companies Placing Emphasis on Cultural Fit Over Qualifications When Hiring New Employees

Earlier this month, a federal judge in Pennsylvania ruled that the protections of the Pennsylvania Human Relations Act (“PHRA” or “Act”) do not extend to employees who neither live nor work in Pennsylvania. The PHRA is Pennsylvania’s comprehensive anti-discrimination law that promotes equal opportunity and prohibits discrimination in employment based on race, color, sex, age, religion, disability, and other protected traits.

In Blackman v. Lincoln National Corp., plaintiff Kathy Blackman filed an employment discrimination case against her former employer alleging she was subject to discrimination on the basis of sex and age in violation of the PHRA. At the time of the allegedly discriminatory act, Blackman lived in Illinois and worked in the Illinois office of a company headquartered in Pennsylvania. The judge dismissed Blackman’s PHRA claim after concluding that the PHRA does not apply to non-resident, out-of-state workers.
Continue Reading Nonresident, Out-of-State Workers not Protected by PHRA

With the re-election of President Obama in November, the Patient Protection and Affordable Care Act (a.k.a. “healthcare reform” or “Obamacare”) survived its second major challenge in 2012. Many employers had been awaiting the outcome of the election before devoting substantial effort to long-term compliance planning. The period of “wait and see” is now over and employers are well-advised to start looking ahead to 2014, when the Act’s most significant provisions take effect. Employers should expect a steady stream of PPACA guidance and regulations flowing out of Washington over the next twelve months. The first significant post-election installment of PPACA guidance was issued on November 20, 2012 when the Internal Revenue Service (“IRS”), U.S. Department of Labor (“DOL”) and U.S. Department of Health and Human Services (“HHS”) jointly issued two Proposed Rules and one Notice of Proposed Rulemaking.
Continue Reading Healthcare Reform Update: Recent Federal Guidance Focuses on 2014

The Equal Employment Opportunity Commission (“EEOC” or the “Agency”) recently released a draft of its Strategic Enforcement Plan for Fiscal Years 2012 through 2016. The Agency has requested public comment on the Plan, which describes its strategy for targeted enforcement and the integration of administrative and legal enforcement activities. These efforts that are meant to help the Agency meet its responsibilities in the face of increasing demand and limited resources. Most notably for employers, the EEOC’s Plan outlines the nationwide priorities for its enforcement efforts in private, state and local government, and federal sectors.
Continue Reading EEOC Releases Strategic Enforcement Plan

The Patient Protection and Affordable Care Act (“PPACA”), otherwise known as Health Care Reform, is now 2 ½ years old. It narrowly survived its first major legal challenge with the Supreme Court’s decision in July. PPACA survived its second big hurdle with the re-election of President Obama earlier this month. While many of PPACA’s biggest requirements do not take effect until 2014, employers and health plans must be mindful of the flurry of compliance requirements that will soon take effect under the Act. Here is a quick look at the PPACA compliance issues that employers and health plans should be focused on now.
Continue Reading Health Care Reform Update – Five Compliance Issues Employers Should Focus on Now

On October 31, 2012, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued two advice memoranda addressing at-will provisions in employee handbooks. In both cases, the NLRB concluded that the specific at-will provision could not reasonably be interpreted to restrict protected activity and, therefore, was permissible under federal labor law.
Continue Reading NLRB Provides New Guidance on At-Will Employment Provisions