Brian D. Pedrow

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Part two of our “Back to School” webinar series will take a look at looming issues for employers as they face an uncertain economic forecast while still dealing with novel challenges created by the COVID-19 pandemic. Despite unemployment rates remaining steady, a changing economy has many employers anticipating the need to reduce their workforce and…

As COVID lingers and the economy remains uncertain, employers face a host of issues. Recently, a group of Ballard Spahr attorneys hosted part one of a two part webinar series to revisit the basics, as well as novel issues, related to aligning your workforce to your business needs. Many businesses do not have enough workers…

On October 11, 2022, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), citing continued safety precautions related to COVID-19, extended through July 2023 the flexibility rule for the Form I-9 Employment Eligibility Verification, which has been in place since March 2020.

Employers are required to inspect employees I-9 identify and corresponding…

On October, 11, 2022, the U.S. Department of Labor (DOL) released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.  The proposal would significantly broaden the classification of workers as employees under the FLSA. 

Traditionally, to determine whether…

The Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) recently announced a Memorandum of Understanding (MOU) resolving to enhance the enforcement of federal laws and regulations administered by these agencies, and to promote interagency collaboration through information sharing, cross-agency training, and coordinated outreach.  The stated goal is to “better root out practices…

On July 12, 2022, the EEOC again revised its technical assistance questions and answers related to the COVID-19 pandemic and the application of the Americans with Disabilities Act (ADA) and other federal equal employment opportunity laws. In addition, the EEOC updated its publication for employees, Federal Laws Protect You Against Employment Discrimination During the COVID-19…

On June 9, 2022, the Philadelphia City Council passed an ordinance that would require covered employers to make available to eligible employees a commuter transit benefit program. The bill is currently awaiting the Mayor’s signature, which many expect will occur shortly.  To read more about this development, please see our Alert on this development.

On April 11, 2022, citing the rising numbers of COVID-19 cases, the Philadelphia Department of Public Health announced that it has moved into the “Mask Precautions” pandemic response level and will reinstate the City’s indoor mask mandate for most indoor spaces.  Masks will be required beginning Monday, April 18, after a one-week education period.  While…

On April 7, 2022, in a move that could dramatically alter long-established employer tactics in union organizing campaigns, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum announcing that she will ask the Board to find what are commonly known as “captive audience” meetings to constitute an unfair labor practice (ULP) under…

In June, 2021, Philadelphia’s previous public health emergency leave mandate expired. However, on March 9, 2022, Philadelphia Mayor Jim Kenney signed a new bill extending COVID-19 paid sick leave to certain eligible employees. That bill became effective immediately upon signature. These requirements will sunset on December 23, 2023.

Under this new ordinance, employers with more…