Total Articles: 11
Jackson Lewis P.C. • November 25, 2019
In a long-awaited decision, the Pennsylvania Supreme Court has concluded that the fluctuating workweek (FWW) pay method is not a proper method of overtime pay calculation under the Pennsylvania Minimum Wage Act (PMWA). Chevalier v. General Nutrition Centers, Inc., 2019 Pa. LEXIS 6521 (Nov. 20, 2019). As a result, the Court affirmed the decisions of the trial court and intermediate appellate court that a class of former non-exempt, store-level managers for General Nutrition Centers were not sufficiently paid for all of the overtime hours that they worked.
Littler Mendelson, P.C. • October 17, 2019
In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA), and invited public comment. On October 17, 2019, DLI submitted its final regulation to the state’s Independent Regulatory Review Commission (IRRC) and legislative oversight committees. IRRC will hold a public meeting on November 21, 2019 to decide whether to approve the final regulation. If it is approved, the final regulation would increase the EAP salary threshold under Pennsylvania law to:
Littler Mendelson, P.C. • October 02, 2018
In June, we reported that the Pennsylvania Department of Labor and Industry (DLI) submitted to the Pennsylvania Independent Regulatory Review Commission (IRRC) a proposed rulemaking package that seeks to update the Executive, Administrative and Professional (EAP) exemptions to the Pennsylvania Minimum Wage Act's (PMWA) overtime requirements. Among other things, the proposed changes would significantly increase the salary threshold required to meet the exemptions, automatically increase the salary threshold every three years, and change certain elements of the duties tests. As part of the rulemaking process, DLI requested comments on its proposed rulemaking from the public, members of the legislature, and IRRC.
Ogletree Deakins • July 17, 2018
Employers with operations in Pennsylvania may want to take note of significant changes in the pipeline to the state’s wage and hour rules. Specifically, on June 23, 2018, the Pennsylvania Department of Labor and Industry (PA DLI) published proposed rulemaking containing drastic changes to some of the state’s white collar exemptions to the Pennsylvania Minimum Wage Act (PMWA).
Ogletree Deakins • June 17, 2018
On October 30, 2017, Governor Tom Wolf of Pennsylvania signed into law Act 43 of 2017. This new law provides that beginning July 1, 2018, Pennsylvania businesses that pay at least $5,000 in Pennsylvania-source nonemployee compensation or business income to a nonresident individual (or disregarded entity that has a nonresident member) are required to withhold from such payments the current applicable income tax rate (currently 3.07 percent).
Fisher Phillips • October 24, 2017
Employers commonly find themselves answering the following question: What right does a former employee have to access his or her personnel file? Often, after an employer terminates an employee, that employee and/or the employee’s attorney demands access to the employee’s personnel file. Up until a recent decision out of the Supreme Court of Pennsylvania on this issue, employers found themselves in a precarious position of whether they granted the former employee’s request. The Thomas Jefferson University Hospitals, Inc. v. Pennsylvania Department of Labor and Industry case now equips employers with the clear right to say no to the former employee’s request. 162 A.3d 384 (Pa. 2017).
Fisher Phillips • May 03, 2017
The Pennsylvania General Assembly passed a law (Act 161) in November that amends the Pennsylvania Banking Code to permit the use of payroll debit cards, with certain conditions. Employers who wish to consider the payroll debit card option for paying employees (or who already are doing so) should review the specifics of the law to ensure they are in compliance when this law takes effect on May 4, 2017
Jackson Lewis P.C. • November 29, 2016
Employers in Pennsylvania will be able to pay employee wages using payroll debit cards under an amendment to the banking code signed by Governor Tom Wolf on November 4, 2016. The new legislation goes into effect 180 days following the signing, on May 4, 2017.
Fisher Phillips • November 16, 2016
On Thursday, October 27th Philadelphia Mayor Jim Kenney signed into law legislation that expands the scope of the city’s prevailing wage ordinance to encompass service employees at universities, hospitals and other businesses that receive government funds.
Littler Mendelson, P.C. • November 10, 2016
On November 4, 2016, Pennsylvania Governor Tom Wolf signed into law a bill that brings the Commonwealth’s law regarding payroll debit cards into the 21st century. The new legislation amends Pennsylvania’s Banking Code, and makes explicit that the use of payroll debit cards is permissible under the law of Pennsylvania, provided the employer and the bank issuing the payroll debit card comply with certain prerequisites.
Fisher Phillips • August 18, 2016
On July 1, 2016, the City of Philadelphia’s new Wage Theft Ordinance went into effect. In substance, the Ordinance provides employees who fall within the scope of the Ordinance another means for seeking to recover unpaid wages (i.e., “wage theft” under the Ordinance), it creates the position of wage theft coordinator in Philadelphia, and it imposes new compliance obligations on employers who are subject to the Ordinance. Under the Ordinance, “wage theft” encompasses a violation of any federal or state law “regulating the payment of wages . . . where the work is performed in Philadelphia or the employment contract underlying the violation is made in Philadelphia.”