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PA Court Finds No-Hire Clause Between Businesses Invalid

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.

Philadelphia Increases Minimum Wage Rate for City Workers and Contractors

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:

Philadelphia Passes Fair Workweek Employment Standards for Retail, Hospitality, and Food Service Establishments

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.

Data Breach Liability for Pennsylvania Employers Expands – Pennsylvania Supreme Court Holds that Employers Have a Duty of Care to Protect and Secure Employee Data

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).

Does Gig Work Disqualify Workers From Unemployment Benefits? State Supreme Court Agrees To Answer Question

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.

Philadelphia City Council Enacts Broad Scheduling Regulations

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.

Pennsylvania Employers Have Legal Duty to Exercise Reasonable Care to Safeguard Employee Personal Info

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.

Philadelphia Moves One Step Closer To Providing A “Fair Workweek” For Retail, Food Service, And Hospitality Employees

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.

Pennsylvania Superior Court Refuses to Extend Statute of Limitations for Employee's Exposure Claims

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.

Pennsylvania's Plan to Raise Minimum Salaries for Overtime-Exempt Workers to $48,000 Scrutinized

Pennsylvania's plan to raise the minimum salary for most overtime-exempt employees to nearly $48,000 has encountered a serious roadblock.