On January 5, 2023, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rule Making and additional information describing a new proposed rule that would prohibit employers across the country from entering into non-compete agreements with their workforce. The FTC’s press release and related information on the proposed rule can be found here.
Mark Hipple
Department of Labor Issues New FMLA Forms, Questions and Answers, and a Request for Information
By Mark Hipple on
On July 16, 2020, the U.S. Department of Labor (“DOL”) released a series of new forms that can be used by employers and leave administrators related to the Family and Medical Leave Act (“FMLA”). The DOL claims the new forms are simpler and easier to understand for employers, healthcare providers, and employees. Some of the…
CARES Act: Additional Tax Related Relief
By Mark Hipple on
Posted in Workplace Trends
This post is brought to you by Tim Finnerty, Nicole Kaylor, David Noll and Ben Ward of the McNees Corporate & Tax Practice Group .
With guidance from the Small Business Administration (“SBA”) and the Internal Revenue Service (“IRS”) still forthcoming, and the existing guidance changing, many businesses are struggling to understand…
Refundable Tax Credits Provide Relief for Employers
By Mark Hipple on
Posted in Workplace Trends
This post was contributed by Timothy Finnerty, Co-Chair of the McNees Corporate & Tax Group
As the coronavirus spread throughout the US and many businesses closed their doors, Congress passed the Families First Coronavirus Response Act (the “Act”). President Trump signed the Act on Wednesday, March 18. The legislation provides benefits to employees that…
U.S. Department of Labor Looking for Input to Create Compliance Guidance For Families First Coronavirus Response Act
By Mark Hipple on
Posted in Workplace Trends
Since President Trump signed the Families First Coronavirus Response Act (“FFCRA”) on March 18th, we have been waiting for further guidance from the U.S. Department of Labor (“DOL”). Yesterday afternoon, the DOL announced that it will be hosting a national online dialogue to allow businesses and individuals to contribute to the development of…
Patchwork Approach to Addressing Sexual Harassment – One State at a Time (Part 2)
By Mark Hipple on
As explained in Part 1 of this four-part series, we are exploring some of the more recent state law developments addressing sexual harassment in the workplace. Since the #MeToo movement began over a year ago, there have been various reactions from employees, employers and state legislatures. Employees have reacted by filing more internal and external…
Patchwork Approach to Addressing Sexual Harassment – One State at a Time (Part 1)
By Mark Hipple on
There have been a variety of responses to the #MeToo movement since it began a little over a year ago. Employees have responded by filing more internal and external complaints. In fact, in early October the Equal Employment Opportunity Commission (EEOC) released its fiscal year 2018 statistics regarding workplace harassment. Among other things, the data…
UPDATE: Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation
By Mark Hipple on
Last November, we explained the decision in the case of U.S. Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C., from the U.S. District Court for the Western District of Pennsylvania. There, the court concluded that Title VII of the Civil Rights Act of 1964 prohibits discrimination and harassment based on sexual orientation. …
Discharged Employee Not an “Employee” Under Personnel Files Act
By Mark Hipple on
Posted in Employer Liability, Termination
The Pennsylvania Personnel Files Act (also known as the Inspection of Employment Records Law), grants employees in Pennsylvania, or their designated agents, the right to inspect certain portions of their personnel records. The Act requires employers, upon an employee’s request, to permit the employee to inspect the portions of his or her personnel file used…
The “Honest Belief” Defense Comes to the Third Circuit
By Mark Hipple on
In the Third Circuit, an employer’s honest belief that an employee committed misconduct can now serve as a defense to a retaliation claim under the FMLA. With the recent decision in Capps v. Mondelez Global, LLC (found here) the Third Circuit joins the Seventh, Eighth and Tenth Circuits in providing such a defense.
In…