Every year, Pennsylvania’s appellate courts seem to issue a handful of decisions addressing the enforceability of non-compete agreements. However, there are relatively few court decisions addressing non-solicitation agreements. A non-solicitation agreement is the less restrictive cousin of the non-compete. Under a non-solicitation agreement, a former employee is permitted to work anywhere, including competitors of his
Recruiting, Hiring, and Retention
I-9 Compliance is Now A Lot Easier
By Schaun D. Henry on
For years, employers have struggled with properly completing the requirements of the I-9 Form. Every employee hired after November 6, 1986 must have an I-9 Form on file with the employer. The Form is proof that the employer has examined documents sufficient to establish the employee’s right to work in the United States. While the…
Coming Soon to Philadelphia: No More Questioning Applicants’ Wage History
By Mark Hipple on
The Philadelphia City Council recently passed Bill No. 160840, a wage equity ordinance (the “Ordinance”), that will amend Philadelphia’s Fair Practices Ordinance to prohibit employers or employment agencies from inquiring about the wage history of potential employees. Among other things, the Ordinance also includes an anti-retaliation provision, which prohibits any form of retaliation against…
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…
4.5 Million Reasons to Abide by a Non-Solicitation Agreement
By Mark Hipple on
On September 9, 2016, the Pennsylvania Superior Court upheld an award of $4.5 million in punitive damages against several former employees, who violated non-compete/non-solicitation agreements with their former employers. In B.G. Balmer & Co. Inc. v. Frank Crystal & Co., Inc., et al., the court determined that among other things, the former employees’ used…
Job Seekers with Criminal Records Get Second Chance with New Law
By Micah T. Saul on
There has been a lot of buzz recently about “ban the box” initiatives prohibiting employers from asking job applicants about their criminal records. Proponents of these initiatives argue that employers should not consider an applicant’s old or minor criminal record to deny job opportunities. On February 16, 2016, Pennsylvania took a different approach to this…
The Chill of ICE: Crackdown on Undocumented Workers Can Cost You
By Schaun D. Henry on
The federal government has again begun to crack down on companies that employ undocumented workers, and the financial consequences for businesses can be catastrophic.
Continue Reading The Chill of ICE: Crackdown on Undocumented Workers Can Cost You
PA Supreme Court Confirms “Magic” Language Cannot Save Otherwise Unenforceable Non-Compete Agreement
By Lee Tankle on
The Pennsylvania Supreme Court recently re-affirmed the principle that in order to have an enforceable non-compete agreement in Pennsylvania, the agreement must be supported by adequate consideration and that a statement merely agreeing to be “legally bound” doesn’t meet that requirement. The Court ruled against a waterproofing company hoping to enforce a non-compete agreement against…
New Jersey’s Ban the Box Law Goes Into Effect
By Gina McAndrew on
Posted in Recruiting, Hiring, and Retention
On March 1, 2015, New Jersey’s Opportunity to Compete Act (also known as “Ban the Box”) went into effect. The Act applies to employers with 15 or more employees over 20 calendar weeks that do business, employ people, or take applications for employment in the Garden State. During the initial employment application process, employers are…
Employers Must Provide “Valuable Consideration” To Current Employees When Entering A Non-Compete Agreement During Employment
By Lee Tankle on
Posted in Recruiting, Hiring, and Retention
In a case of first impression for the appellate courts of this Commonwealth, the Pennsylvania Superior Court recently ruled in Socko v. Mid-Atlantic Systems of CPA, Inc. that language contained in an employment agreement entered into after commencement of employment, which indicated the parties’ “intent to be legally bound” was insufficient consideration to support a non-compete agreement.
Continue Reading Employers Must Provide “Valuable Consideration” To Current Employees When Entering A Non-Compete Agreement During Employment