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Pennsylvania Legislators Propose Expanding FMLA
Nine members of the Pennsylvania General Assembly recently introduced House Bill No. 1713, otherwise known as the Pennsylvania Family and Medical Leave Act (PA FMLA), which seeks to provide employee protections additional to those that already exist under the federal Family and Medical Leave Act (FMLA).
NLRB Publishes Proposed Rules to “Reform” Union Election Procedures
The National Labor Relations Board (“NLRB” or “Board”) recently published a Notice of Proposed Rulemaking which recommends amendments to its existing rules and regulations governing procedures in representation cases.
Third Circuit Endorses Broader Interpretation of FLSA’s “Administrative Exception.”
As many employers are aware, Section 13(a)(1) of the Fair Labor Standards Act (“FLSA”) provides an exemption from both minimum wage and overtime pay requirements for salaried employees employed in a bona fide “executive, administrative, or professional capacity.”
Qualified Small Business Stock Opportunities
The Small Business Jobs Act of 2010 (the “Act”) includes a very favorable provision for those investing in or starting small businesses after September 27, 2010 and before January 1, 2011.
NLRB Unleashes Giant Union Rat on Neutral Employers’ Worksites
Beware! The notorious union rat may be on its way to a worksite near you.
EEOC Proposes to Impose Recordkeeping Requirements on GINA-Covered Entities
On Thursday, the Equal Employment Opportunity Commission (EEOC) issued a proposal in the June 2nd edition of the Federal Register to extend its existing recordkeeping requirements under Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA) to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information.
Health Care & Tax Reform Potpourri (Donkeys, Elephants, Legislation and Regulation)
The Patient and Affordable Care Act (PPACA) was signed into law March 23, 2010 and the related Health Care and Education Reconciliation Act of 2010 (HCERA) which modified certain provisions of the PPACA was signed into law March 30, 2010. The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (2010 Tax Relief Act) was signed into law on December 17, 2010.
Employee Given Fifteen Minutes to Review Separation Agreement
In the recent case of Gregory v. Derry Twp. Sch. Dist., 2011 WL 944424 (3d Cir., March 21, 2011), the Third Circuit Court of Appeals held that 15 minutes was a sufficient amount of time for the plaintiff to review a separation agreement prepared in connection with her resignation from the Derry Township School District.
Smartphone Application to Allow Employees to Track Hours Worked
The U.S. Department of Labor announced the release of its first smartphone application, an interactive timesheet which allows employees to independently track the hours that they work.
Third Circuit Court of Appeals Curtails the Right of Police Departments to Suspend Officers
In a recent, precedential decision involving the application of the Fourteenth Amendment’s Due Process Clause to the suspension of policemen in Pennsylvania, the Third Circuit Court of Appeals in Schmidt v. Creedon, ___F.3d___(3d Cir March 29, 2011), held that except in extraordinary situations, due process requires notice and a hearing prior to suspension without pay, even where union grievance procedures, after the fact, fully compensate erroneously suspended employees.
