Law and the Workplace

Tag Archives: pennsylvania

Pennsylvania Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

By Guy Brenner and Carolyn M. Dellatore on Posted in Independent Contractor, Wage and Hour
The U.S. Department of Labor (“U.S. DOL”) and the  Pennsylvania Department of Labor and Industry recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, the stated goal of which is to “combat employee misclassification and to ensure … Continue Reading

Pittsburgh’s New Sick Leave Ordinance Challenged in State Court

By Katharine Parker and Allison Martin on Posted in Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
In August, the City of Pittsburgh, Pennsylvania passed an ordinance that will require most employers to provide workers with paid or unpaid sick time. Pittsburgh follows the lead of Philadelphia, which approved a similar measure earlier this year. Shortly thereafter, the Pennsylvania Restaurant and Lodging Association and a group of Pittsburgh businesses filed a challenge … Continue Reading

Lawsuits Grow Under “Old” Pennsylvania Background Check Law

By Joseph O’Keefe, Daniel Saperstein and Elizabeth Spector Louden on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
A growing number of states and localities have enacted laws that restrict employers from considering certain types of criminal records in hiring and other personnel decisions.  Though many of these laws are more recent, Pennsylvania’s Criminal History Record Information Act (“CHRIA”) has been on the books for more than three decades.  The law, which prevents … Continue Reading

Revocation of Ex-Convict’s Job Offer Did Not Violate State Law, Says PA Court

By Joseph O’Keefe and Daniel Saperstein on Posted in Hiring/Background Checks
PhiladelphiaPennsylvania, like many states, has restricted employer use of criminal history in hiring and other employment decisions. Under the Criminal History Record Information Act (CHRIA), Pennsylvania employers may “consider” convictions only if they directly relate to the position for which the applicant seeks employment. In a recent case—McCorkle v. Schenker Logistics, Inc., No. 1:13–CV–3077, 2014 … Continue Reading

Philadelphia Issues New Pregnancy & Employment Rights Notice

By Marc A. Mandelman, Daniel Saperstein and Kelly Anne Targett on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Philadelphia recently amended its fair employment practices ordinance to expand protection for employees against discrimination based on pregnancy, childbirth, or a related medical condition. Among other things, employers must provide a written notice of rights to all existing employees by April 20, 2014, and to all new hires thereafter. For more on the new ordinance, … Continue Reading

Okay to Terminate Employee for Violating No-Alcohol Provision of Return to Work Agreement, Says Third Circuit

By Joseph O’Keefe, Daniel Saperstein and Allison Martin on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Workplace Policies and Procedures
The U.S. Court of Appeals for the Third Circuit affirmed that an employer may discharge a driver sales representative who suffers from alcoholism for violating a return to work agreement (RWA) that prohibits the use of drugs or alcohol in Ostrowski v. Con-way Freight, Inc., No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013). … Continue Reading
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