Looking ahead to 2019, business leaders may manage risk by being advised of the following expansions of and changes to employment law. The return of the Department of Labor’s “Overtime Rule”…revised. Remember the Department of Labor’s Final Overtime Rule that was set to double the minimum salary threshold for white collar exempt employees, effective December 1, 2016? As you may recall, in the … [Read more...] about Top Expansions and Changes to Employment Law to Watch For in 2019
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Guidance from the Courts on Medical Marijuana Hits a Little Closer to Home
A recent case out of Delaware may shed some additional light on what employers in Pennsylvania can expect on the issue of medical marijuana. In the case of Chance v. Kraft Heinz Food Co., (Del. Super. Ct., Dec. 17, 2018), the court found that an employee who used medical marijuana and was fired after a positive drug test could pursue a case for wrongful discharge against his former … [Read more...] about Guidance from the Courts on Medical Marijuana Hits a Little Closer to Home
New Jersey Employment Case May Provide False Sense of Security Dealing with Pennsylvania Employees who Use Medical Marijuana
Garnering national headlines, a case out of New Jersey appears to suggest that employers may be able to fire employees who use medical marijuana because the employee is unable to pass a drug test. However, employers in Pennsylvania should be careful to avoid falling into a trap that would be created by an overly broad reading of the case of Cotto v. Ardagh Glass Packing, No. 18-1037 (D.N.J., Aug. … [Read more...] about New Jersey Employment Case May Provide False Sense of Security Dealing with Pennsylvania Employees who Use Medical Marijuana
Recent Pennsylvania Case Gives Helpful Hints on How to Avoid Retaliation Claims Under the ADA
The case of Smith v. University of Scranton, provides some helpful hints for employers to avoid successful ADA employment retaliation claims. Smith involved an employee of the University who was hired in 2007 and in 2012 requested workplace accommodations, which were provided. About a year later, the employee applied and was hired for a different position in the University for which she received … [Read more...] about Recent Pennsylvania Case Gives Helpful Hints on How to Avoid Retaliation Claims Under the ADA
Pennsylvania Supreme Court Finds that Non-Economic Damages are an Available Remedy Under Pennsylvania’s Whistleblower Law
For the first time, the Pennsylvania Supreme Court has ruled that non-economic damages, such as for “embarrassment, humiliation, loss of reputation and mental anguish”, are an available form of relief under the Pennsylvania’s Whistleblower Law. The Whistleblower’s Law protects employees of state and local government entities in Pennsylvania from termination or other adverse employment actions when … [Read more...] about Pennsylvania Supreme Court Finds that Non-Economic Damages are an Available Remedy Under Pennsylvania’s Whistleblower Law
Employers and Employees Beware: Pennsylvania Slated To Revise Its Overtime Laws
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
