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Archive by tag: P.CReturn

Pennsylvania Supreme Court Holds That Employers Have Duty to Protect Their Employees’ Data

Dittman v. UPMC, 196 A.3d 1036 (Pa. 2018).  The Pennsylvania Supreme Court holds that employers have a legal duty to use reasonable care to safeguard sensitive personal information of their employees when the employer chooses to store such...By: Tucker Arensberg, P.C.
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Tucker Arensberg, P.C. | Sep 03,2019 |

Labor Board: Misclassifying Worker As Independent Contractor Does Not Violate NLRA

It does not violate the National Labor Relations Act (NLRA) if an employer mistakenly misclassifies its employees as independent contractors, the National Labor Relations Board (NLRB) has decided. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29, 2019)....By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 03,2019 |

New Version of Form I-9 posted in Federal Register for Public Comment

In June, the U.S. Citizenship and Immigration Services (“USCIS”) posted a new version of Form I-9 for employment eligibility verification in the Federal Register for public comment. The current Form I-9 was due to expire on August 31, 2019......By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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Commonwealth Court: Workers’ Compensation Settlement Not Binding on Medical Care Provider Who Was Not Party to the Agreement

The Pennsylvania Commonwealth Court recently ruled that an employer cannot use a Compromise and Release Agreement (C&R) settling a Workers’ Compensation claim to avoid making payments to a medical care provider who rendered medical services to the...By: Tucker Arensberg, P.C.
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Tucker Arensberg, P.C. | Aug 30,2019 |

Illinois Open Meetings Act Amended: Closed Session Exception Expanded

Effective August 26, 2019, the Illinois Open Meetings Act has been amended, expanding the closed meeting exception to include discussion of personnel matters of independent contractors or volunteers in a closed meeting....By: Franczek P.C.
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Franczek P.C. | Aug 30,2019 |

Day Rate Satisfies FLSA’s Highly Compensated Employee Salary Requirement, Fifth Circuit Rules

Paying an employee a day rate of $1,000 per day satisfies the salary basis test for purposes of the overtime exemption applicable to a “highly compensated employee” (HCE) under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 30,2019 |

Governor Signs Law Requiring Collectively Bargained Appeals Process for “Unsatisfactory” Ratings

On August 27, 2019, Governor Pritzker signed into law Public Act 101-0591 (formerly Senate Bill 1213), creating an appeals process for teachers who receive unsatisfactory summative ratings. Beginning with the 2019-2020 school year, each school...By: Franczek P.C.
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Franczek P.C. | Aug 29,2019 |

Court Greenlights Simultaneous Tort and Contract Misappropriation Claims

The United States District Court for the Western District of Pennsylvania recently clarified that plaintiffs suing for trade secret misappropriation may bring both tort and breach of contract claims based on the same alleged misappropriation....By: Cohen & Grigsby, P.C
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Cohen & Grigsby, P.C | Aug 29,2019 |

DLSE Says: Under Wage Order 5, On Duty Meal Periods Must Be At Least 30 Minutes In Length

By way of background, in Palacio v. Jan & Gail’s Care Homes, Inc. (2015) 242 Cal.App.4th 1133, the Fifth District Court of Appeal considered the interplay between subdivisions 11(A) and 11(E) of Wage Order No. 5....By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 29,2019 |

Non-Disclosure Agreements and Arbitration Clauses in the #MeToo Era

With the proliferation of the #MeToo movement in late 2017 came concerns over the role that employment contracts and settlement agreements played in concealing abuse by high-level executives. Confidentiality, non-disclosure and “forced arbitration”...By: Miles & Stockbridge P.C.
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Miles & Stockbridge P.C. | Aug 29,2019 |
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