Workplace rights for LGBT individuals has been a rapidly developing area of the law. A little over two years ago, former President Obama signed an executive order prohibiting federal contractors from discriminating against employees on the basis of their sexual orientation or gender identity. The Office of Federal Contract Compliance Programs followed suit by issuing
Micah T. Saul
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D.C. Circuit Questions Validity of the NLRB’s Joint Employer Standard
By Micah T. Saul on
Posted in Employer Liability
In 2015, we discussed the new joint-employer standard that was articulated by the National Labor Relations Board in Browning-Ferris Industries of California, Inc. As a reminder, the NLRB held that a joint-employer relationship may be found if two or more entities “are both employers within the meaning of common law, and if they share or…
PA Employers Must Pay Unemployment Taxes Electronically in 2017
By Micah T. Saul on
Posted in Workplace Trends
The Pennsylvania Department of Labor and Industry recently announced that all employers in the Commonwealth will be required to pay their share of unemployment compensation taxes online. The new rule takes effect January 1, 2017 and aims to reduce paperwork while streamlining the payment process. The time for making these electronic payments will depend on…
How to Keep Your Holiday Party off of the Naughty List
By Micah T. Saul on
Posted in Employer Liability, Workplace Trends
With the holiday season officially upon us, many employers are finalizing plans to host a party for their employees. These festivities offer a time for colleagues to celebrate the year’s accomplishments, to extend season’s greetings, and to bond with one another in a less formal environment. Sometimes, though, the holiday cheer can turn into a…
Public Employers in PA Required to Bargain over Attendance Policies with Disciplinary Provisions
By Micah T. Saul on
Posted in Public Employers, Unions
Public employers in Pennsylvania beware: if you implement an attendance policy designed to get your employees to show up for work, you may commit an unfair labor practice! If your employees are represented by a labor union, and your policy outlines disciplinary action, then you must bargain with the appropriate union before issuing discipline under…
Revised I-9 Form Must Be Used in 2017
By Micah T. Saul on
Posted in Recruiting, Hiring, and Retention
U.S. Citizenship and Immigration Services (UCIS) has released a revised version of the I-9 Employment Eligibility Verification Form. The revised form must be used exclusively beginning on January 22, 2017; until then, employers may use either the new version or the old version (which is dated 3/8/2013). Most of the revisions to the I-9 operate…
Permanent Injunction puts Persuader Rule on the Ropes
By Micah T. Saul on
Posted in Uncategorized
Earlier in the year, we reported on a temporary injunction issued by a federal district court Judge in Texas. The injunction prevented the Department of Labor from enforcing the so-called “persuader rule.” The rule sought to require all employers, consultants, and lawyers to disclose and report labor relations services, including fee arrangements and a description…
New FLSA Regulations are Still on Track Despite House Vote
By Micah T. Saul on
Posted in Wage & Hour, Workplace Trends
On September 28, 2016, the United States House of Representatives passed a bill that would postpone implementation of the FLSA’s new salary threshold for “white-collar” overtime exemptions. As we noted earlier this month, the Department of Labor’s regulation will more than double the minimum weekly salary requirement to $913 and is set to take effect…
McNees Podcast: Pokemon Go Could Lead to Real-World Liability
By Micah T. Saul on
Posted in Uncategorized
Tune in to this podcast from our friends in the Insurance and Litigation Groups to learn more about the liability risks associated with the Pokemon Go craze. Attorney Dana Chilson discusses the real-life implications businesses might face as more and more people try to catch ’em all.
Wage and Hour Claims Surge in the Oil and Gas Industry
By Micah T. Saul on
Posted in Employer Liability, Wage & Hour
Since 2012, the United States Department of Labor (DOL) reports that it has recovered over $40 million in back wages for employees in the oil and gas industry. Employers in the industry can expect claims to rise as the DOL continues its enforcement initiatives. The leading cause of back pay awards? Worker misclassification. The DOL’s…