Articles Posted in Pennsylvania

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Oh, it’s back on in Pennsylvania as new salary-level test hikes are approved.

Image by Clker-Free-Vector-Images from Pixabay The wage-and-hour pendulum has once again shifted in the Commonwealth of Pennsylvania. Nerdiest. Pendulum. Ever. Salary-level test changes. Back in October, I blogged about how Pennsylvania, yes Pennsylvania, had announced new overtime rules that are more generous than federal law. On January 1 of this…

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Yes, if you get fired (or not hired) for holding a PA medical marijuana card, you can sue.

Image by CMElixirs from Pixabay With a big ‘ol tip of the cap to Phil Miles, Esq. over at Lawffice Space (here) and Daniel Cummins at Tort Talk (here), we’ve got some news that should interest Pennsylvania employers. For the first time, a state or federal court in Pennsylvania has decided…

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MAJOR wage and hour news in PA! Minimum wage going ☝️; Proposed salary-level test going 👇, and more!

Image by Clker-Free-Vector-Images from Pixabay Where do we even begin? Oh, right… The minimum wage is going up! (The proposed overtime regulations are going down). With a big ‘ol tip of the cap to Adam Long, who scooped the news here at McNees’ Pennsylvania Labor & Employment Blog, the Pennsylvania…

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This great federal court decision I read offers seven keys to a proper severance agreement

Image by Andreas Breitling from Pixabay A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So…

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Pennsylvania, yes Pennsylvania, announces new overtime rules that are more generous than federal law

Image Credit: Photofunia.com About a year or so ago, Pennsylvania Governor Tom Wolf announced a plan to direct the Department of Labor & Industry (PA’s version of the DOL) to change the overtime rules in PA: The first step will raise the salary level to determine overtime eligibility for most workers…

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Get your damn story straight if you’re going to fire someone who just returned from medical leave.

Image by DigitalShards from Pixabay I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing). The plaintiffs in those cases were unsuccessful…

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When do (or don’t) Facebook posts create a hostile work environment?

By Nut-hardware.jpg: Muke derivative work: Xoristzatziki (talk) – Nut-hardware.jpg, Public Domain, Link I can tell you this. It takes more than a few posts from a couple of ‘Wingnuts.’ Some mean-spirited Facebook posts. The plaintiff, in this case, worked for a unionized airline. The plaintiff ran to become the union president.…

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SCOOP! PA businesses may have to allow employees to use medical marijuana outside of work

Image Credit: Pixabay.com This definitely caught me flat-footed. An implied duty to accommodate? I think not. Pennsylvania’s medical marijuana law specifically states that no employer must “make any accommodation of the use of medical marijuana on the property or premises of any place of employment.” But the law is silent…

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PA Supreme Court will decide whether two businesses can agree not to poach each other’s employees

Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/) Company A and Company B work together from time to time on certain projects. Both companies have invested a lot of time, money, and other resources into their respective workforces and do not want to risk employees switching companies. So, they enter into a no-hire or…