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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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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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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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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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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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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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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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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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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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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