Within hours of his inauguration, President Biden broke with tradition by firing the General Counsel of the National Labor Relations Board (NLRB) after he refused to resign. Some companies have claimed that this decision was improper and left the acting General Counsel named in his place without legal authority to act, setting up an anticipated wave of legal challenges.… Continue Reading
In Budget Deal, Pennsylvania Repeals Overtime Expansion
In October 2020, Pennsylvania regulations took effect that increased the salary threshold for exempt employees to the federal level, and would have increased the threshold above the federal minimum beginning in October 2021.
However, a recent budget compromise between Democratic Governor Tom Wolf and a Republican-led state legislature has resulted in the regulations’ repeal.… Continue Reading
White House Executive Order Seeks To Limit Non-Competes
On July 9, 2021, the White House issued an executive order (“EO”) with the stated objective of countering anti-competitive forces throughout the economy. One specific directive is the limitation of non-compete agreements, which include not only restrictive covenants, but also “other clauses or agreements that may unfairly limit worker mobility.” Potentially, this could include customer and employee non-solicitation provisions, which some courts construe in the same manner as employee restrictive covenants. … Continue Reading
EEOC Issues Guidance on Sexual Orientation and Gender Identity Discrimination Protections
June is Pride Month and the Equal Employment Opportunity Commission has issued timely guidance on the protections extended to LGBTQIA+ workers under Title VII.
In June 2020, the Supreme Court determined that Title VII’s prohibition against discrimination based on sex extended to sexual orientation and gender identity. Bostock v. Clayton County was a landmark case with immediate import, as fewer than half of the states had laws protecting LGBTQIA+ workers from employment discrimination.… Continue Reading
DOL Files Suit Against Health Care Provider After Employee Terminated for COVID-19 Safety Complaint
In April 2020, an executive assistant at a Staten Island health care provider was allegedly terminated for raising COVID-19 related safety concerns about an in-person meeting. In what may be a sign of litigation to come, the Department of Labor has filed suit against the employee’s former employer alleging violation of the whistleblower provisions of the Occupational Safety and Health Act. … Continue Reading
IRS Issues Guidance Concerning American Rescue Plan’s Required COBRA Subsidies
On May 18, the IRS released Notice 2021-31. The notice contains detailed guidance on subsidies employers must provide COBRA beneficiaries pursuant to the American Rescue Plan Act (“ARP”), and uses a Q&A format to illustrate several specific examples and potential issues regarding the subsidies. For employers, one of the many issues of interest addressed in this notice is the determination of which employee departures qualify as involuntary terminations triggering COBRA assistance.… Continue Reading