Total Articles: 10
Employment at-will remains a viable concept - at least in Pennsylvania.
The 3d U.S. Circuit Court of Appeals has held that a health clinic’s statements to a physician and to immigrations officials regarding the physician’s “at least three year” employment commitment did not create an employment contract that would override the doctor’s employment at will status. Edwards v. Geisinger Clinic, 3d Cir., No. 11-1528, Jan. 23, 2012.
Pennsylvania Court Holds That Trustees May File Mechanics’ Lien to Obtain Delinquent Contributions to Health and Pension Funds
In Bricklayers of Western Pennsylvania Combined Funds, Inc. v. Scott’s Development Company, [pdf.] an en banc panel of the Superior Court of Pennsylvania held that the trustees of employee benefit funds may assert mechanics’ liens against a property owner to recoup delinquent contributions owed by a contractor. In Scott’s Development, the property owner, Scott’s Development Co. (“Scott’s”) contracted with J. William Pustelak, Inc. (“Pustelak”) to perform construction work on its property. Pustelak was a party to collective bargaining agreements with two unions, under which Pustelak was to contribute to employee health and pension funds. After Pustelak failed to pay the required contributions, the trustees of the funds filed mechanics’ lien claims against Scott’s, seeking recovery of the contributions that Pustelak allegedly failed to make. In an issue of first impression, the Superior Court held that the trustees had standing to assert mechanics’ lien claims against the property owner.
Defense Attorneys' Fee Standards Set in Pennsylvania Trade Secret Suits
In Best Medical International, Inc. v. Spellman, a federal court in Pennsylvania determined—in a case of first impression—that attorneys' fees may be awarded to the prevailing defending party under the Pennsylvania Uniform Trade Secrets Act ("PUTSA") when it has demonstrated:
Pennsylvania Court Clarifies When Attorneys' Fees May Be Imposed For Bad-Faith Prosecution Of Misappropriation Of Trade Secrets
When may attorneys’ fees be imposed on a plaintiff for prosecuting a claim for misappropriation of trade secrets in bad faith under the Pennsylvania Uniform Trade Secrets Act (PUTSA)? In a matter of first impression, in Best Medical International v. Spellman [pdf], a Pennsylvania district court held that bad faith justifies attorneys’ fees when two criteria are met:
Philadelphia: The Most Recent City to Adopt Paid Sick Leave Requirements for Some Employers
As of July 1, 2012, certain employers in Philadelphia will have to provide their employees with paid sick leave. A recently enacted ordinance amends Chapter 17-300 of the Philadelphia Code, titled "Philadelphia 21st Century Minimum Wage and Benefits Standard."
Philadelphia Ordinance to Require Some Employers to Provide Paid Sick Leave
Certain Philadelphia employers will be required to provide full-time employees with paid sick leave beginning July 1, 2012. The City Council voted 15-2 in support of the measure and Mayor Michael Nutter did not veto it. The new Ordinance, an amendment to Chapter 17-1300 of the Philadelphia Code, is entitled, “Philadelphia 21st Century Minimum Wage and Benefits Standard”. Mayor Nutter previously vetoed a broader paid sick leave bill, which would have applied to all Philadelphia employers with more than five employees.
Court Enjoins Lawyer From Competing and Soliciting Clients of Former Law Firm
A Philadelphia County state court judge recently issued a preliminary injunction in favor of a law firm against a former associate enforcing a 60-day notice provision.
Philadelphia Employers Must Modify Standard Employment Application under Criminal Record Law
Effective June 17, 2011, Philadelphia’s new Fair Criminal Record Screening Standards Ordinance generally will prohibit Philadelphia employers from asking job applicants questions related to criminal history prior to or during the first interview. Similar to restrictions applicable to Massachusetts and Hawaii employers, the “ban the box” law will prohibit Philadelphia employers from obtaining criminal background information on an initial employment application. The Ordinance applies to employers that employ 10 or more persons within the City of Philadelphia.
New Philly Law Limits Use of Criminal-Background Checks
Philadelphia is the latest city to prohibit employers from asking job applicants to disclose their criminal history. The Fair Criminal Record Screening Standards (PDF) was signed by Mayor Nutter on April 13, 2011, and goes into effect on July 13. The purpose of the new law is to increase employment opportunities for candidates who have a criminal history by ensuring that the candidate will be “judged on his or her own merit during the submission of the application and at least until the completion of one interview.”
New Philadelphia Law Restricts Criminal Records Inquiry On Employment Applications
On April 13, 2011, Philadelphia Mayor Michael A. Nutter signed the Fair Criminal Screening Standards Ordinance, which will change both the application and screening processes for entities with employees working in Philadelphia. This ordinance will become effective on July 12, 2011.
