In a case which will interest public and private sector employers alike, American Federation of State, County and Municipal Employees, District Council 87 v. Pa. Labor Relations Bd., the Pennsylvania Supreme Court is poised to address important issues regarding the subcontracting of public sector bargaining unit work to private sector contractors.
Continue Reading Pennsylvania Supreme Court To Consider When a Public Sector-Related Entity May Subcontract Bargaining Unit Work to Private Sector Contractors Without Bargaining
Federal Judge Strikes Down Pennsylvania Same-Sex Marriage Ban
Earlier today, Harrisburg-based Federal District Court Judge John E. Jones, III, struck down Pennsylvania’s ban on same-sex marriage. In this landmark ruling, Jones concluded that “same-sex couples who seek to marry in Pennsylvania may do so, and already married same-sex couples will be recognized as such in the Commonwealth.”
Continue Reading Federal Judge Strikes Down Pennsylvania Same-Sex Marriage Ban
Employers Can Still Discipline Employees for Legal Drug Use
Jennifer E. Will, a Member in McNees Wallace & Nurick LLC’s Labor & Employment Practice Group in Harrisburg, Pennsylvania was recently featured on WGAL News Channel 8 in a feature regarding employers’ rights to discipline employees testing positive for marijuana. Ms. Will commented on, among other things, an employer’s right to take action against an employee, even if marijuana use was legal. such as legal recreational use in states like Colorado.
Continue Reading Employers Can Still Discipline Employees for Legal Drug Use
DOL Issues Clarification of FMLA Rights for Same-Sex Spouses
In light of the Supreme Court’s recent decision in United States v. Windsor, the U.S. Department of Labor has just issued updated guidance for employers concerning the rights of same-sex spouses under the Family and Medical Leave Act. As you may recall from our earlier blog post on the legal implications of the Windsor case, in a 5-4 ruling, the Supreme Court struck down a key provision of the Defense of Marriage Act, which defined marriage under federal law as “a legal union only between one man and one woman as husband and wife.”
Continue Reading DOL Issues Clarification of FMLA Rights for Same-Sex Spouses
Pennsylvania Employers Left Wondering How They Are Affected by the Supreme Court’s Decision on DOMA
Last week, the Supreme Court of the United States struck down as unconstitutional a key provision of the Defense of Marriage Act (DOMA) that defined “marriage” for purposes of over 1,100 federal laws as a legal union between a man and a woman. With the Court’s decision, same-sex couples that are legally married under state law are now entitled to the same treatment under federal law as opposite-sex married couples. Chief among the benefits now available to same-sex married couples are equal treatment under the country’s immigration and tax laws and equal rights to participate in its federal health and welfare programs. The Court’s decision striking down DOMA also will have a significant impact on the rights of same-sex married couples under various federal laws relating to employment.
Continue Reading Pennsylvania Employers Left Wondering How They Are Affected by the Supreme Court’s Decision on DOMA
Pennsylvania Supreme Court Rules that Small Employers may not be Liable for Employment Discrimination
In Weaver v. Harpster, the Pennsylvania Supreme Court ruled that small employers (three or fewer employees) may not liable for acts of employment discrimination. Under the Pennsylvania Human Relations Act (PHRA), employers with four or more employees are prohibited from discriminating against their employees on the basis of sex. At common law, an employer may
PA Department of Insurance Provides Mini-COBRA Guidance
Pennsylvania’s Mini-COBRA law became effective July 10, 2009. The law provides COBRA-like medical insurance continuation to employees who work for smaller business not covered by the federal law. The Department of Insurance clarified some of the coverage issues and provided a model notice for covered businesses to provide to employees. Employees who elect Mini-COBRA may
Prohibition on Excessive Overtime in Health Care Act effective July 1, 2009
The Prohibition on Excessive Overtime in Health Care Act (Act 102) became effective on July 1, 2009. Health care facilities covered by the law include hospitals, ASCs, hospices, long-term care facilities and other inpatient facilities, but it excludes private physician offices and group practices. Employees protected by the law include all nonsupervisory employees involved in
Pennsylvania Enacts “Mini-COBRA” requiring Insurers to offer Continuation of Health Coverage Options for Employees of Small Businesses
Effective July 10, 2009, medical insurers covering small employers in Pennsylvania will be required to offer COBRA-like continuation coverage to qualified employees and their eligible dependents. The new law covers small employers who have between two and 19 employees on a typical business day during the preceding calendar year.
The so-called mini-COBRA coverage expands on the
May Unemployment Rate increases to 9.4%
The Bureau of Labor Statistics numbers for May show the national unemployment rate reaching a 26 year high to 9.4% up from 8.9% in April. The number of unemployed persons increased by 787,000 to 14.5 million. Since the start of the recession in December 2007, the number of unemployed persons has risen by