With increasing frequency, when employees sue their employer or former employer, they also name individual managers or the company’s owners as defendants in their suit. Under federal EEO laws (e.g. Title VII, ADA, ADEA), individuals generally cannot be held liable for acts of discrimination. However, employment laws such as the FMLA, FLSA and the Pennsylvania
Are Employers on the Hook for Employee Injuries Sustained in Employer-Sponsored Wellness Programs?
An ever-increasing number of employers are sponsoring wellness incentives as a means of encouraging employees to developing healthy habits. In turn, employers gain healthier, more productive work forces. Wellness incentive programs aren’t without their risks, however. In this podcast, Denise Elliott discusses whether employees are covered by workers’ compensation benefits for injuries sustained while
Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA
The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated damages by failing to ensure compliance with its myriad requirements.
The FLSA contains a somewhat unique quirk regarding its statute of limitations. The
Employers Permitted to Modify Retiree Benefits Following Expiration of CBA
In a closely watched case for employers, the Third Circuit Court of Appeals, which has jurisdiction in Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands, recently held that retiree healthcare benefits provided in a collective bargaining agreement (“CBA”) may be subject to modification following the expiration of the CBA.
The DOL’s Fiduciary Rule Takes Effect Without Further Delay
The Secretary of Labor, John Acosta, announced recently that no further delays will apply to the Department of Labor’s new Fiduciary Rule on investment advice conflicts of interest and related prohibited transaction exemptions. The effective date of the Rule is June 9, 2017, with an enforcement date of January 1, 2018. The final Fiduciary Rule
A Tale of Two Cities: The Demise of Pittsburgh’s Paid Sick Leave Ordinance and the Durability of Philadelphia’s
Back in 2015, Pittsburgh enacted a paid sick leave ordinance, following a trend among cities throughout the country. Pittsburgh’s paid sick leave ordinance required employers with fifteen employees or more to provide up to forty hours of paid sick leave per calendar year. Employers with less than fifteen employees were not spared. The ordinance required
Limited Relief for Employer Reporting Under the Affordable Care Act
On November 18, 2016, the IRS recently announced limited relief for employer reporting on Forms 1094 and 1095 for the 2016 tax year. The relief extends the deadline for furnishing statements to individuals, but does not extend the deadline for filings with the IRS. The IRS also provided penalty relief for some filers. The relief
The Affordable Care Act – What Now?
Now that we have all had some time to absorb the national election results, many are wondering how the Affordable Care Act will change during a Trump presidency. While there is a great deal of uncertainty surrounding the future of the ACA, our recommendation to those currently covered by the Act is to continue to
IRS Addresses Health Coverage Opt-Out Payments Under the Affordable Care Act
As the cost of providing health coverage increased over the past fifteen years, many employers began to offer employees cash payments if they “opted out” of coverage. Some expected that the Affordable Care Act (ACA) would put an end to opt-out incentive programs. The ACA does not prohibit opt-out payments; however, the IRS recently issued
To Enforce a Call-off Policy or Not to Enforce a Call-off Policy; that is the Question
This post was contributed by Erica Townes, a McNees Summer Associate. Ms. Townes is a rising third year law student at the Widener University Commonwealth Law School and is expected to earn her J.D. in May of 2017.
Recently you’ve noticed that an employee takes FMLA-covered leave the same week every year or always seems