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Labor & Employment

Jul 18, 2017

All Employers: Yet Again, USCIS Releases an Updated Form I-9, Employment Eligibility Verification

United States Citizenship & Immigration Services (USCIS) has again changed the Form I-9, Employment Eligibility Verification.  On July 17, 2017, USCIS published the revised version, which employers are mandated to use effective September 18, 2017.  Until then, employers may continue to use the current Form I-9.  Further, employers must remain compliant with existing Form I-9 storage and retention policies for any previously completed employment verification forms.» Read More

Sep 03, 2015

Upon Further Review the Decision of the NFL in Deflategate Is Overturned

As anyone who owns a television knows, the NFL suspended Super Bowl winning quarterback Tom Brady for the first four games of the NFL season for his involvement in the deflategate scandal.  The four-game suspension was imposed by the NFL disciplinary officer and affirmed by Commissioner Godell serving as the sole arbitrator pursuant to the CBA between the league and its players’ association.» Read More

Aug 13, 2015

Recent Developments in Employment Law…

Jul 15, 2015

Hey, hey, hey! Bill Cosby Case Highlights Importance of Sealing Records

A recent string of bad news for Bill Cosby continued last week, as it was revealed that he admitted in a 2005 deposition to obtaining prescriptions for depressants which he intended to use to have sex with a woman.  Although much attention has been paid to the scandalous nature of this discovery, it is also important to examine how Cosby’s sealed testimony from a decade ago came to light.» Read More

Jul 09, 2015

Recent Second Circuit Ruling on Unpaid Internships Asks the Age Old Question: Who Gets the Most out of This Relationship?

As we have discussed at length previously, the Department of Labor (“DOL”) in May of 2010 issued a “new” test to determine if an internship can be classified as “unpaid.”   As a result of that test, the floodgates opened on lawsuits against employers who used unpaid internships.  One of the first such lawsuits involved Fox Searchlight and interns who worked on the Black Swan movie set. » Read More

Jul 08, 2015

Act 153 Amendments Clarify Background Check Requirements

Although much attention has been given to the ongoing budget battle between Governor Wolf and the Pennsylvania legislature, a little-publicized but important act of bipartisanship emerged from Harrisburg late last week.  As has been detailed on this blog, Act 153 of 2014, which mandates certain background checks for employees and volunteers who interact with children, became effective on January 1, 2015. » Read More

Jun 30, 2015

Payroll Debit Cards Held to Violate the Pennsylvania Wage Payment and Collection Law

There has been no shortage of news stories as of late on the decline of cash in American society, as consumers have come to prefer using debit cards, credit cards, or electronic forms of payment when purchasing goods and services. As such, it should come as no surprise that more and more employers have chosen to pay employees their wages on “payroll debit cards.” Nearly 5 million Americans were paid this way last year, a figure that some expect to double within the next five years.» Read More

Jun 19, 2015

UPDATE – Supreme Court Rules on Religious Garb and Employer Accommodation

On June 1, 2015, the United States Supreme Court ruled in favor of a Muslim woman who did not get hired after she applied for a job at retailer Abercrombie & Fitch wearing a headscarf.  As previously posted, Samantha Elauf wore her hijab, a Muslim headscarf, to her job interview, but never requested any accommodation to wear it while working and never mentioned that she was Muslim. » Read More

Jun 17, 2015

New NLRB General Counsel Report Addresses Employer Handbook Rules

The General Counsel of the National Labor Relations Board (NLRB) recently issued a report concerning recent Board decisions on employer handbook rules and policies. As employers know, the NLRB has increased its scrutiny of employer policies on topics such as social media, confidentiality, and employee behavior and conduct. In particular, the Board has found that certain facially neutral rules and policies are unlawful because employees could reasonably construe them to prohibit protected concerted activity (e.g., discussing wages, hours, or other terms or conditions of employment with co-workers or criticizing their employer’s labor policies or treatment of employees).» Read More

Jun 01, 2015

U.S. Department of Labor Issues New FMLA Form

The U.S. Department of Labor (“DOL”) recently issued new model notices and medical certification forms for employers to use in administering Family and Medical Leave Act (“FMLA”) leave.  The new forms—which expire on May 31, 2018—largely mirror the previous versions except for references to the Genetic Information Nondiscrimination Act (“GINA”).

In particular, the WH-380-E, 380-F, 385, and 385-V medical certification forms instruct health care providers not to provide information about “genetic tests,” “genetic services,” or “the manifestation of disease or disorder in the employee’s family members” pursuant to GINA regulations. » Read More

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