The United States Department of Labor (DOL) recently released new forms for employers to use when their employees are in need of leave under the Family and Medical Leave Act (FMLA). These new forms can be viewed here. So… what’s changed (besides the form expiration date), and why should your company use these forms?
Employer Liability
What’s In Your Employee Personnel Files?
All employers should be aware of the specific laws and regulations pertaining to employee personnel files. Pursuant to the Pennsylvania Personnel File Act, medical information should not be included in an employee’s personnel file. Medical information includes any document that relates or refers to an individual’s physical or mental health, condition, or impairment, including but…
Former Employee Not Entitled to Compensation for Unused Vacation Time
Many employers offer paid vacation time as a benefit to their employees. There is no Pennsylvania law requiring the payout of unused paid leave time, such as vacation; instead, this is governed by the employer’s policy or practice. In Kahler v. Alpha Packaging, the employer’s policy provided that during employees’ second and subsequent calendar…
Data Encryption and Its Potential Effect on Litigation and Discovery
While most employers take many steps to avoid employment litigation, even the most meticulous of Human Resources departments sometimes find themselves facing a lawsuit in federal or state court.
In some respects, technology has made the discovery process easier, however, it has also complicated civil litigation. Rachel Hadrick, an Associate in our Litigation group,…
Case Update: Families of Factory Workers Awarded Punitive Damages to the Tune of Almost $40 Million
A few weeks ago, we told you about a jury awarding over eight million dollars to the families of two factory workers who were killed by a co-worker in 2010. As it turns out, that award was just the beginning. Last week, a separate jury in the same case awarded almost forty million dollars…
Jury Awards Families of Murdered Employees Over $8 Million
Recently, a Philadelphia jury awarded over $8 million dollars to the families of two factory workers killed by a co-worker in 2010. Concerns about the employee had been reported in the past, and she was suspended the day she committed the murders for making threats against co-workers. However, after her suspension she was not stopped…
Mailing FMLA Notices to Employees? Not So Fast
Does your Company use regular mail to send out FMLA notices? After reading the latest decision from the United States Court of Appeals for the Third Circuit, all employers covered under the FMLA should consider using certified mail to send FMLA notices to employees utilizing FMLA leave. Click on the link below for more on this interesting case.
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New Whistleblower Protections Now in Effect For Federal Contractors
By now, most federal contractors are aware of the new regulations that go into effect on March 24 requiring federal contractors and subcontractors to take affirmative action to recruit, hire, promote, and retain protected veterans and individuals with disabilities
What many contractors may not realize is that as of July 1, 2013, they also became covered by federal whistleblower regulations. The National Defense Authorization Act for Fiscal Year 2013 created a pilot program mandating all employees working for contractors, grantees, subcontractors, and subgrantees be protected by federal whistleblower law for all federal grants and contracts entered into after July 1, 2013.
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Serving Alcohol at Your Holiday Party
We here at the McNees Wallace & Nurick Labor and Employment Law Group have been busy preparing for the holiday season. Just last week we were able to celebrate with family and friends at our annual holiday party.
While holiday parties can be great fun, hosting a holiday party or placing holiday decorations in or around the office can raise a whole host of legal concerns including religious discrimination or harassment claims, sexual harassment claims, or workers compensation concerns. Michael R. Kelley, Esq., Chair of McNees Wallace & Nurick LLC’s Insurance Recovery & Counseling Group has written in the past about serving alcohol at holiday parties and we wanted to take a few moments to remind you about the potential legal ramifications of serving alcohol at your holiday party.
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Contractors Beware: Raising the Stakes in Davis-Bacon Compliance
A recent decision by a Pennsylvania district court lends support for a growing trend of filing claims under the Federal False Claims Act based on allegations that contractors on federally funded construction projects submitted “false claims” to the U.S. government due to prevailing wage violations. In United States ex rel. International Brotherhood of Electrical Workers, Local Union No. 98 v. The Farfield Co., the electrical workers union filed a complaint in federal court alleging that the contractor had violated the False Claims Act by submitting false certified payrolls that misclassified certain workers on public works projects in the Philadelphia area. Although this type of complaint would normally fall within the exclusive jurisdiction of the U.S. Department of Labor, the judge nonetheless allowed the union’s case to proceed in court on a False Claims Act theory. With judicial recognition of this type of legal claim, not only does the DOL have the ability to investigate contractors for prevailing wage violations under the Davis-Bacon Act, but private citizens can also attack alleged violations under the False Claims Act.
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