On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related to employment, and we have received many questions regarding what employers must, can and cannot do as a result of the new
Workplace Trends
Job Seekers with Criminal Records Get Second Chance with New Law
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…
Update: Pittsburgh Paid Sick Leave Act Ruled Invalid
Earlier this year, we told you that Pittsburgh became the second city in Pennsylvania to enact a paid sick leave law, providing, in part, that employers were required to provide employees a minimum of 1 hour of paid sick time per 35 hours worked, with the maximum accrual dependent upon the number of employees. …
PA Supreme Court Confirms “Magic” Language Cannot Save Otherwise Unenforceable Non-Compete Agreement
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…
Pittsburgh Paid Sick Leave Act Goes Into Effect January 11, 2016
The City of Pittsburgh recently became the second city in Pennsylvania to enact a paid sick leave law, with Mayor William Peduto signing the Paid Sick Days Act into law on August 13, 2015. While the Act is facing legal challenges, Pittsburgh’s City Controller recently posted notice that the Act is effective January 11, 2016. …
Ingles Solamente Reglas
English-only rules are not as common as they once were, but many employers still require employees to speak English only in the workplace. Justifications for these rules vary, but the Equal Employment Opportunity Commission has long given such requirements a wary eye. The National Labor Relations Board has now weighed in on the legality of…
Next on DOL’s Agenda: Mobile Device Use Outside Work Hours
It appears that the U.S. Department of Labor intends to remain busy through the rest of the summer. After releasing in June a Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor Standards Act’s “white collar” overtime exemption regulations, the DOL now has indicated that it will formally seek…
Even in Colorado, you can be fired for off-duty drug use
Remember this one about the employee fired for legal drug use? How about this one? It seems that we have been talking more about the impact of legal marijuana use on employment since 2012, when voters in Colorado and Washington lit up (pun intended) the blogosphere, with their landmark votes to legalize its recreational use. …
What You Need to Know About Accommodating Transgender Employees
The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets are not available when employees need them. According to the Williams Institute at UCLA, an estimated 700,000 adults in the United States are transgender. In some workplaces, transgender employees have been unable to utilize the restroom that corresponds with their gender identity.
Continue Reading What You Need to Know About Accommodating Transgender Employees
Should You Have an Anti-Bullying Policy in Your Workplace?
This post was contributed by Paul Ritchey, a Summer Associate with McNees Wallace and Nurick LLC. Mr. Ritchey is a law student at the University of Virginia School of Law and is expected to earn his J.D. in May 2016.
We have seen it before: boss shouts (or glares, or laughs) at subordinate, and subordinate’s…