An Essential Resource for Employers
In a 3-2 decision in Zilka v. Tax Review Board, the Pennsylvania Supreme Court upheld the Commonwealth Court and sided with the City of Philadelphia Department of Revenue in a case addressing whether a City resident was entitled to a credit for state-level taxes paid to Delaware.
During the tax years at issue, the taxpayer was a resident of Philadelphia who worked full-time in Wilmington, Delaware. … Continue Reading
On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”) new final rule for determining joint employer status under the National Labor Relations Act (“NLRA”).… Continue Reading
Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The Final Rule significantly relaxes the standard for two or more companies to be classified as joint employers who share equal liability for unfair labor practices, legal obligations to negotiate with labor unions, and who may be subject to union picketing or protests in the event of a labor dispute.… Continue Reading
October 31, 2023 opens the reporting period for private sector employers and federal contractors who are required to report workplace demographic data on an annual basis to the U.S. Equal Employment Opportunity Commission (“EEOC”). These submissions are known as EEO-1 Component 1 reports (“EEO-1 reports”). EEO-1 reports must be submitted by the close of the reporting period on December 5, 2023.… Continue Reading
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published its proposed guidance on workplace harassment claims, Enforcement Guidance on Harassment in the Workplace. The proposal is open for comment through November 1, 2023, in the Federal Register.
Employers will want to prepare for the EEOC’s new standards for employer liability, and review its examples of workplace harassment.… Continue Reading
The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the SEC’s whistleblower program, including privately-held companies not otherwise regulated by the SEC.
On August 30, 2023, the U.S. Department of Labor proposed revisions to section 13(a)(1) of the Fair Labor Standards Act FLSA), which would result in millions of workers who are now exempt from overtime requirements being entitled to time and one half pay when they work more than 40 hours in a workweek. … Continue Reading
On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new, union-friendly framework for determining when employers are required to recognize and bargain with unions without a representation election. … Continue Reading
On August 18, 2023, in Hamilton v. Dallas County, the Fifth Circuit Court of Appeals reversed decades of precedent by broadening the standard for what constitutes an actionable adverse employment action.
Previously, an adverse employment action for Title VII discrimination claims consisted of an “ultimate employment decision” such as “hiring, granting leave, discharging, promoting, and compensation.”… Continue Reading
On August 4, 2023, the U.S. Department of Justice (“DOJ”) released its highly anticipated proposed changes to the regulations implementing Title II of the Americans with Disabilities Act (“ADA”). Title II prohibits state and local governments from discriminating against individuals with disabilities. The regulations aim to increase accessibility of websites and mobile applications by clarifying how these public entities can meet their ADA obligations on a technical level.… Continue Reading
