It’s no secret that non-compete agreements have recently come under greater scrutiny by the federal government. In July 2021, President Joe Biden signed an Executive Order on “Promoting Competition in the American Economy” that, among other things, directed the Federal Trade Commission (“FTC”) to consider curtailing the use of non-compete agreements. Then, in January
Employer Liability
When Assessing the Propriety of Employee Discipline, One Size No Longer Fits All
Now more than ever, it seems that employees are willing to express themselves. While open communication with and among employees is usually a good thing, sometimes an employer’s rules are broken in the process. A worker might call her supervisor a nasty name while complaining about her production team’s overtime assignments. An employee could use…
Lancaster County Judge Addresses Definition of “Under the Influence” for Purposes of the Safety Exception in the PA Medical Marijuana Act
On January 10, 2023, Lancaster County Court of Common Pleas Judge Jeffrey Wright addressed the question that has been plaguing employers since the passage of the PA Medical Marijuana Act (the “Act”) – what constitutes being “under the influence” for purposes of the Act’s safety exception? As a reminder, when the Act was passed, the…
New Federal Pregnancy Protections for Employees
As part of the Consolidated Appropriations Act of 2023, Congress passed two new pregnancy-related laws requiring covered employers to provide reasonable accommodations to employees due to pregnancy, childbirth, and related medical conditions. The two new laws are the Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, and the Providing Urgent Maternal Protections for Nursing…
Is it the Beginning of the End for Workplace Non-Compete Agreements?
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.…
How to Get Ahead of Equal Pay Act Claims
A recent press release by the U.S. Equal Employment Opportunity Commission (EEOC) demonstrates that Equal Pay Act claims are becoming increasingly common. The EEOC in Baltimore, MD announced that an auto dealership agreed to pay $62,500 to resolve an Equal Pay Act claim by a female employee. The employee had alleged that she was being…
Thinking about a Reorganization or Rightsizing? Here are Five Key Questions for your Organization to Consider Now
As the negative economic outlook continues to fill our news and social media feeds, many organizations are pondering what an economic shift may mean for their business. Others have moved on to the next stage of grief, acceptance, and have started to plan ahead. For some organizations, this means considering, and possibly implementing, a reorganization…
More on Workplace Surveillance
Our blog post on Nanny Cams in the workplace turned out to be one of our most popular posts (makes us wonder what people are putting in the search bar?). So, we thought we would follow up with some more information for employers about surveillance in the workplace.
Employers with unionized workforces will need to…
NLRB Holds Employers Must Continue Dues Checkoff After Expiration of Collective Bargaining Agreement
In Valley Hospital Medical Center, 371 NLRB No. 160 (Sept. 30, 2022) (Valley Hospital II), a divided National Labor Relations Board held that employers must continue to deduct union dues from employees’ pay and remit such dues to their union – a process known as “dues checkoff” – even after the expiration of…
L&I Report Sets its Sights on Misclassified Construction Workers
A recent report from a Pennsylvania Department of Labor & Industry task force describes the economic impact of worker misclassification in Pennsylvania and makes several significant recommendations to the legislature. These recommendations, if implemented, could dramatically impact how some Pennsylvania employers manage their workforce, particularly those employers in the construction industry.
The report was issued…