Jackson Lewis P.C. • July 25, 2017
Terminated employees, even those recently separated, are not entitled to inspect their personnel file under the Pennsylvania Inspection of Employment Records Law (the “Act”), according to the Pennsylvania Supreme Court. Thomas Jefferson University Hospital, Inc. v. Pennsylvania Department of Labor and Industry, No. 30 EAP 2016 (June 20, 2017). This decision, authored by Justice David Wecht, puts an end to an employer’s previous conundrum of determining what constitutes “recently” separated when evaluating a former employee’s request to review his or her personnel file.
Ogletree Deakins • July 05, 2017
Since January 6, 2016, almost 18 months ago, in accordance with a decision by the Commonwealth Court of Pennsylvania, employers in the state of Pennsylvania have been required to allow recently separated employees access to their personnel files on the same footing as current employees. That 2016 decision reversed the common thinking among employers in Pennsylvania that only current employees had the right to access their personnel files, and that former employees—no matter how long ago they had been separated—were not entitled to such access. Fortunately for employers, in the recent opinion issued by the Supreme Court of Pennsylvania, Thomas Jefferson University Hospital, Inc. v. Pennsylvania Department of Labor and Industry, No. 30 EAP 2016 (June 20, 2017), that 2016 decision was reversed. The state supreme court held that a recently terminated employee is not an “employee” and, thus, is not entitled to inspect his or her personnel file according to the Pennsylvania Inspection of Employment Records Law (Personnel Files Act).
Fisher Phillips • June 28, 2017
The City of Philadelphia will now have the authority to shut down a business within the city for an undefined “period of time” if the business severely or repeatedly violates Philadelphia’s anti-discrimination laws, under a bill signed by Mayor Kenney on June 22, 2017.
Goldberg Segalla LLP • June 23, 2017
On June 20, 2017, the Pennsylvania Supreme Court found Section 306(a.2) of the Workers’ Compensation Act to be unconstitutional. The decision in Protz v. Workers’ Compensation Appeal Bd. (Derry Area School District) means that indemnity benefits are no longer subject to a cap.
Jackson Lewis P.C. • June 18, 2017
Philadelphia’s Wage History Ordinance, initially scheduled to take effect on May 23, 2017, remains on hold. The Ordinance has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia. The City of Philadelphia agreed to halt enforcement of the Ordinance pending the litigation’s outcome. Following a motion to dismiss filed by the City, the court dismissed the lawsuit on May 30. Thereafter, on June 13, the Chamber filed an amended complaint.
Jackson Lewis P.C. • June 06, 2017
Philadelphia’s Wage History Ordinance lives on, for now. The Ordinance, initially scheduled to take effect on May 23, 2017, has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia. On May 30, the court dismissed the lawsuit.
Fisher Phillips • June 01, 2017
There have been many recent, important developments in the area of paid sick leave in Pennsylvania. Recently, the Commonwealth Court of Pennsylvania (the “Appeals Court”) affirmed the Court of Common Pleas of Allegheny County’s (the “Trial Court”) ruling invalidating the Pittsburgh Paid Sick Days Act (“PSDA”).
Jackson Lewis P.C. • May 23, 2017
The Commonwealth Court of Pennsylvania has affirmed a lower court’s ruling invalidating the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance adopted in 2015 requiring all employers of employees within the Pittsburgh city limits to provide paid sick leave to all full- and part-time employees. The Mayor’s office has confirmed that it will appeal the May 17, 2017, court decision.
Littler Mendelson, P.C. • May 21, 2017
On May 17, 2017, the Pennsylvania Commonwealth Court upheld a 2015 trial court ruling that the City of Pittsburgh did not have the authority under state law to enact the Paid Sick Days Ordinance. It remains to be seen whether the City of Pittsburgh will appeal.
Goldberg Segalla LLP • May 12, 2017
Attorneys are expected to act as zealous advocates for their clients. As such, attorneys often pursue claims on behalf of their clients even when the legal theory of recovery is unclear or the facts developed in discovery favor a defense verdict. In some cases, however, attorneys may pursue recovery even where they know that the claims are without merit or the theory of liability is contrary to an established rule of law. When an action is clearly frivolous, the defendants may be entitled to bring an action of their own against both the plaintiffs and counsel for wrongful use of judicial proceedings.