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Archive by tag: P.CReturn

Commonwealth Court Grants Over Four Years of Additional Back Pay to A Teacher, Overturning Pennsylvania Secretary of Education on Mitigation of Damages Issue

Vladimirsky v. School Dist. of Phila., 206 A. 3d 1224 (Pa. Commw. Ct. 2019).  The Pennsylvania Commonwealth Court overturned a finding of the Pennsylvania Department of Education that teacher did not exercise reasonable due diligence to seek new...By: Tucker Arensberg, P.C.
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Tucker Arensberg, P.C. | Nov 11,2019 |

Can An Employer Refuse To Hire An Employee Because Of The Employee’s Risk Of Developing A Disability?

The Seventh Circuit joins the Eighth, Ninth and Tenth Circuits in holding that such a refusal would not violate the Americans with Disabilities Act. In Shell v. Burlington Northern Santa Fe Railway Company, No. 19-1030, the appellate court addressed...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Nov 11,2019 |

New Puerto Rico Law Limits Employers’ Use Of Credit Reports In Employment Decisions

Puerto Rico has enacted legislation to limit the use of credit reports in making employment decisions. An “Act to Protect Employee’s Credit Information” (PR Act. No. 150 of October 8, 2019) prohibits employers from refusing to hire, dismissing, or...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Nov 11,2019 |

There Is No Delay When It Comes to FMLA: Union Workers Cannot Delay FMLA Leave According to Recent DOL Opinion Letter

The Wage and Hour Division (WHD) of the U.S. Department of Labor has issued guidance that collectively-bargained leave policies cannot supersede the requirements of the Family and Medical Leave Act (FMLA), even if the bargained-for policies are more...By: Franczek P.C.
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Franczek P.C. | Nov 08,2019 |

Federal Estate Tax Exclusion Rises to $11,580,000 for 2020 (and more inflation adjustments)

The IRS published Revenue Procedure 2019-44 on November 6, 2019, to set the inflation adjustments for 2020. The exclusion from federal estate will increase to $11,580,000, up from $11,400,000 in 2019....By: Tucker Arensberg, P.C.
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Tucker Arensberg, P.C. | Nov 07,2019 |

What Am I Doing Wrong?? Common FMLA Mistakes

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the 27th blog in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Nov 07,2019 |

2020 Cost Of Living Adjustments For Retirement Plans

The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations on benefits and contributions for retirement plans generally effective for Tax Year 2020 (see IRS Notice 2019-59). Most notably, the...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Nov 07,2019 |

Labor Department Proposes Changes To Clarify Use Of FLSA’s ‘Fluctuating Workweek’ Pay Method

Persistent confusion over the Department of Labor’s (DOL) “fluctuating workweek” (FWW) pay method to satisfy employers’ obligation to pay overtime has deterred many from using it. Now, the DOL has proposed changes to clarify the pay method....By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Nov 07,2019 |

IL Court Clarifies RIF Rules When Tenured Teacher Evaluated Twice in One School Year

Decisions on reductions in force in school districts are not common in Illinois, so a recent opinion from the Fourth District Appellate Court warrants brief mention. The issue in a recent case, Nafziger v. Board of Education of Staunton Community...By: Franczek P.C.
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Franczek P.C. | Nov 06,2019 |

Religious Accommodation And Patient Safety In Healthcare Industry

Title VII of the Civil Rights Act requires employers in the healthcare industry to provide a reasonable accommodation to employees’ sincerely held religious beliefs and practices....By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Nov 06,2019 |
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