After the pandemic began to ease, and labor availability was the lowest in recent history, many employees found themselves working more and more to fill the gaps in the workforce. That led to the trend popularized a year ago called “quiet quitting.” Under its tamest definition, quiet quitting was/is a practice where employees only did
Workplace Trends
NLRB General Counsel Enters the Discussion on AI in the Workplace
By Adam Santucci on
Posted in Workplace Trends
We previously posted about employer use of Artificial Intelligence, AI, and the emerging legal issues associated with such tools. Recently, the National Labor Relations Board General Counsel issued GC Memorandum 23-02, which outlined her view that the use of electronic monitoring and artificial intelligence can run afoul of the National Labor Relations Act. The memo…
Imminent and Substantial: The Third Circuit Holds That the Leak of Personal Information onto the Dark Web is Sufficient to Establish an “Injury-In-Fact”
By Devin Chwastyk & Gregory Archibald on
Posted in Workplace Privacy, Workplace Trends
A recent decision from the Third Circuit suggests that the leak of information onto the Dark Web provides standing to class action plaintiffs in data breach litigation. In Clemens v. ExecuPharm, Inc., 48 F.4th 146 (3d Cir. 2022), the Defendant employer suffered a data breach that permitted a ransomware gang to steal sensitive information…
Tesla Violates Federal Labor Law with “Work Shirts” Rule
By Gregory Archibald on
The National Labor Relations Board has held that Telsa must allow employees to wear shirts with a union insignia while on the job. The decision is certainly a learning opportunity for employers and a strong signal of the approach to these issues likely to be taken by the Biden Board. Let’s look at the facts.…
CDC Further Relaxes COVID-19 Isolation and Mask Guidance: What Employers Need to Know
On August 11, 2022, the CDC issued new guidance regarding isolation and masking for individuals exposed to COVID-19. According to the CDC, high levels of immunity and the availability of COVID-19 prevention and management tools have reduced the risk for medically significant illness. While employers still must traverse through the complicated web of COVID-19 mitigation…
OSHA Withdraws COVID-19 Vaccination or Testing ETS
By Andrew L. Levy & Bill Boak on
Posted in Workplace Trends
As explained in our previous post, on January 13, 2022, the United States Supreme Court blocked the OSHA vaccination or testing Emergency Temporary Standard (“ETS”) pending full consideration of the matter by the Sixth Circuit Court of Appeals. In response to the Supreme Court’s decision, OSHA is withdrawing the ETS, effective January 26, 2022.…
Biden Executive Order on Competition Targets Labor Markets, Including Non-Compete Agreements and Information Sharing
By Bill Boak on
Posted in Workplace Trends
On July 9, 2021, President Joe Biden signed a sweeping Executive Order on “Promoting Competition in the American Economy”. The Executive Order includes 72 initiatives by more than a dozen federal agencies to address perceived competition problems across the U.S. economy, and signals increased enforcement of the antitrust laws in multiple industries (including agriculture, finance,…
New qualifying conditions, telemedicine visits and 90-day supplies . . . revisions to the Pennsylvania Medical Marijuana Act.
By Denise Elliott on
Posted in Workplace Compliance, Workplace Trends
This week, Governor Wolf signed House Bill 1024, allowing certain revisions to the Pennsylvania Medical Marijuana Act (the “Act”). While the revisions do not specifically implicate the workplace, and do not provide guidance to employers on navigating medical marijuana use by employees, employers should, nonetheless, pay attention.
What changed?
House Bill 1024 makes permanent three…
Unemployment Compensation Fraud – What’s an Employer To Do?
By Micah T. Saul on
Posted in Workplace Trends
As legitimate unemployment compensation claims have spiked in the wake of the COVID-19 pandemic, so too have fraudulent ones. Just yesterday, Maryland’s Department of Labor announced that the state has detected over 508,000 new, potentially fraudulent unemployment claims since May 1, 2021. Last year, a $650million unemployment fraud scheme rocked Washington state. In April 2021,…
Pay For College Play Not Coming to a School Near You
By Adam Santucci on
Posted in Wage & Hour, Workplace Trends
This post was authored by Frank Lavery, II, a Law Clerk with McNees. Frank is currently a student at the University of Notre Dame Law School and expects to earn his J.D. in May of 2022.
On June 21, 2021, the United States Supreme Court issued its opinion on the hotly contested issue of compensation…