Brody and Associates, LLC • January 25, 2019
In a precedent-setting move late last week, the Superior Court of Pennsylvania held a no-hire provision appearing in a contract between a Pittsburgh logistics company and a trucking company invalid as an unfair restriction on trade. Lately, antitrust suits – especially those targeting businesses with no-poach/no-hire agreements – have become more and more prevalent as the U.S. Department of Justice and the Federal Trade Commission pledge to crack down on violators. Even more troubling is the private plaintiff’s bar has its own interests in pursuing these cases: guaranteed attorney’s fees and treble damages. That’s right, even the most minimal of cases can result in paid attorney’s fees and triple the computed damages. A number of franchises have already been hit by these suits including Papa Johns, Burger King, and Cinnabon.
Ogletree Deakins • January 10, 2019
On December 20, 2018, Mayor Jim Kenney signed an ordinance that will raise the minimum wage for all Philadelphia municipal government workers, contractors, and subcontractors from the current rate of $12.20 per hour to $15.00 per hour by 2022. Starting in 2019, the minimum wage will gradually increase as follows:
Ogletree Deakins • January 06, 2019
Philadelphia enters the predictive scheduling mix with its newly signed Fair Workweek Employment Standards Ordinance, which will become effective January 1, 2020. Signed by Mayor Jim Kenney on December 20, 2018, the new law targets the scheduling of employees in the retail, hospitality, and food service industries only. Within those industries, the focus of the new law is on large employers with 250 or more employees and 30 or more locations worldwide.
Fisher Phillips • December 30, 2018
Data breach liability for Pennsylvania employers of all sizes expanded with a recent Pennsylvania Supreme Court decision in Dittman v. UPMC. __ A.3d __, No. 43 WAP 2017, 2018 WL 6072199 (Pa. 2018).
Fisher Phillips • December 30, 2018
The Pennsylvania Supreme Court just agreed to weigh in on a question that could prove critical to the growth—or stagnation—of the gig work labor pool: does performing gig work in between full-time jobs disqualify a worker from receiving unemployment benefits? By accepting the case of Lowman v. Unemployment Compensation Board of Review for review yesterday, the state’s high court has decided that 2019 will be the year that it enters the fray on this crucial question.
Jackson Lewis P.C. • December 28, 2018
The Philadelphia City Council has passed the Philadelphia Fair Workweek Employment Standards Ordinance, intended to regulate scheduling practices for the employers in the city in the hospitality, retail, and food services industries. Mayor Jim Kenney (D) is expected to sign the Ordinance, which would become effective on January 1, 2020.
Goldberg Segalla LLP • November 30, 2018
On November 21, 2018, the Supreme Court of Pennsylvania issued an opinion in the Dittman v. UPMC case holding that employers have a legal duty to exercise reasonable care in safeguarding their employees’ sensitive personal information stored by the employers on internet-accessible computer systems.
Fisher Phillips • November 27, 2018
In our October 3rd entry, we addressed the pending Fair Workweek Ordinance, currently being considered by Philadelphia City Council. The proposed Ordinance aims to provide predictable work schedules for Philadelphia’s 130,000 employees in the retail, food service, and hospitality industries and to help reduce the 26% poverty level in Philadelphia.
Goldberg Segalla LLP • November 25, 2018
The Pennsylvania Superior Court, in an unpublished opinion, recently declined to extend the statute of limitations for workplace exposure claims brought by employees. In the time since the Tooey case was decided in 2013, Pennsylvania law has allowed employees to bring lawsuits against their employers if the diagnosis of an occupational disease occurred more than 300 weeks after the date of last exposure to the hazardous substance. However, the new case law did not alter the statute of limitations for bringing such claims.
XpertHR • October 09, 2018
Pennsylvania's plan to raise the minimum salary for most overtime-exempt employees to nearly $48,000 has encountered a serious roadblock.