Governor Wolf has announced that Pennsylvania will be revising its overtime laws. A major change will be to raise the minimum salary that an employee must earn in order to be exempt from earning overtime. Pennsylvania law currently requires a salary of not less than $23,660.00 in order to exempt the employee from overtime laws. Under the proposal set forth by Governor Wolf, the minimum salary … [Read more...] about Employers and Employees Beware: Pennsylvania Slated To Revise Its Overtime Laws
KingSpry Blog
The Supreme Court Intreprets the Statute of Limitations in Dual Filing Employment Discrimination Claims
In a major clarification of procedural law, the U.S. Supreme Court recently answered the question of whether or not, in a dual federal-state filing, federal law suspends the state statute of limitations at the time if filing the federal filing later proves unsuccessful. It is typical in employment discrimination cases for the claimant to have a dual filing to protect their rights under both … [Read more...] about The Supreme Court Intreprets the Statute of Limitations in Dual Filing Employment Discrimination Claims
Responding to Student Medical Marijuana Use Just Got a Whole Lot More Complicated
Several recent developments in the area of medical marijuana have made things a lot more complicated for schools responding to requests from students to use it at school. Under Pennsylvania law, individuals may use certain forms of marijuana if they meet certain qualifications, including having certain disabilities, and this can and does include school age students. To date, the law is silent on … [Read more...] about Responding to Student Medical Marijuana Use Just Got a Whole Lot More Complicated
No Good Deed Goes Unpunished When It Comes to Collective Bargaining Agreements – Good Intentions May Create a Binding Past Practice
In an interesting case that should be cautionary reminder for all employers who have a collective bargaining agreement (CBA), the Commonwealth Court found that an employer was bound by a past practice of permitting employees to have Christmas Eve or New Year’s Eve off, despite any language in the CBA that provided for the same. In Lackawanna County v. Lackawanna Count Adult and Juvenile Probation … [Read more...] about No Good Deed Goes Unpunished When It Comes to Collective Bargaining Agreements – Good Intentions May Create a Binding Past Practice
Commonwealth Court Upholds Termination Based Upon “Reasonable Suspicion”
The Commonwealth Court recently upheld the termination of a tenured teacher who had contested his termination on the grounds of an unreasonable search under the Pennsylvania Constitution. In Metz v. Bethlehem Area School District, the teacher had been employed as a tenured physical education teacher when the school district received proof of a positive drug test result for cocaine metabolites. … [Read more...] about Commonwealth Court Upholds Termination Based Upon “Reasonable Suspicion”
DOL’s New Internship Guidance Creates Opportunity for Businesses to Invest in the Future
Just this week, (January 5, 2018), the Department of Labor (“DOL”) rescinded guidance that disincentivized the use of unpaid interns by for-profit businesses and released replacement guidance that opens up new opportunities for students and businesses. According to employer reports, the prior DOL guidance divested employers of any motivation to take on an unpaid intern. Under the prior guidance, … [Read more...] about DOL’s New Internship Guidance Creates Opportunity for Businesses to Invest in the Future