Especially when the weather becomes unpredictable, and more often, when employees are working from home, we get a lot of questions about how to develop and implement work from home policies for maximum legal defensibility. Employee pay issues differ depending on whether the employee is exempt/salaried or non-exempt/hourly. Because exempt employees must, generally speaking, be paid their full … [Read more...] about FAQ: Develop and Implement Effective Work from Home Policies
Pennsylvania Superior Court Follows National Trend of Promoting Employees’ Ability to Change Jobs
In Pittsburgh Logistics Systems, Inc. v. BeeMack Trucking, LLC, Pittsburgh Logistics Company sought a preliminary injunction to enforce a contractual no-hire provision it had with BeeMack Trucking. The no-hire provision prevented BeeMack, during the term of the contract and for two years after its termination, from hiring or soliciting for employment or inducing or attempting to induce any … [Read more...] about Pennsylvania Superior Court Follows National Trend of Promoting Employees’ Ability to Change Jobs
Pennsylvania Federal Court Finds that Speech Advocating School Violence is Not Protected by the First Amendment
For the first time in Pennsylvania, a federal court has found that “speech advocating school violence is unprotected” by the First Amendment, even in the absence of the substantial disruption analysis used by Pennsylvania courts to date. In the case of J.R. v. Penns Manor Area School District (W.D.Pa. No. 18-574, Jan. 2, 2019), a federal court may have provided more leeway to school entities … [Read more...] about Pennsylvania Federal Court Finds that Speech Advocating School Violence is Not Protected by the First Amendment
Commonwealth Court Supports Public Employee Privacy Rights Under the Right to Know Law
On January 24, 2019, the Commonwealth Court held that personal information such as birthdates and places of residence for public employees should not be disclosed under the Right To Know Law. This decision, Governor’s Office of Administration v. Campbell, extends the balancing test established by the Pennsylvania Supreme Court in 2017 in Reese v. Pennsylvanians for Union Reform. Request for … [Read more...] about Commonwealth Court Supports Public Employee Privacy Rights Under the Right to Know Law
NLRB Bolsters the “Gig Economy” in 2019
The economic atmosphere of an increasingly project based and entrepreneurial workforce largely depends on agency support to loosen the grip of employment law. To that end, 2019 has started off with a bang for businesses leveraging the gig economy. On January 25, 2019, in the SuperShuttle DFW, Inc. case, the National Labor Relations Board (NLRB) announced its return to a traditional common-law … [Read more...] about NLRB Bolsters the “Gig Economy” in 2019
Pennsylvania Court Clarifies Definition of Real Property Exception to School Tort Claims Liability
School districts, like other local political bodies, are offered statutory immunity from certain acts of negligence under the Pennsylvania Tort Claims Act. This statute recognizes eight specifically enumerated instances where a person with a claim will still be able to pierce a school district’s protection and bring a viable court suit. One such ground is based upon a school district’s management … [Read more...] about Pennsylvania Court Clarifies Definition of Real Property Exception to School Tort Claims Liability
