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Willig, Williams & Davidson Blog

Pennsylvania House Bill 849 Would Prohibit Employers From Using NDAs in Sexual Harassment Cases

July 3rd, 2019

By Alidz Oshagan A nondisclosure agreement (“NDA”) is a contract between the employee and the employer that requires the employee to keep trade secrets and other, employer information confidential. Typically, NDAs are a condition of employment. In other words, sign the NDA, or risk not being hired, or worse, being fired. Employers have long used…

Uber Drivers Not Employees, NLRB General Counsel Concludes

May 22nd, 2019

By Joseph Richardson In a decision made public on May 14, 2019, the National Labor Relations Board (NLRB) General Counsel Peter Robb’s Division of Advice concluded that UberX and UberBlack drivers who drove for the company in 2015 and 2016 were independent contractors, not “employees” as that term is defined under the National Labor Relations…

West Virginia Right-to-Work Makes its Way to the State Supreme Court

April 24th, 2019

By James R. Glowacki West Virginia’s right-to-work law may be heading for oral argument after the state’s Supreme Court issued an order granting a motion to stay the decision of a circuit court, which struck down key provisions of the law as arbitrary. On March 29, 2019, the West Virginia Supreme Court of Appeals granted…

The Pennsylvania Commonwealth Court Protects the Rights of Volunteer Firefighters (With Some Help from Willig, Williams & Davidson)

April 10th, 2019

By Michael Dryden On March 22, 2019, the Pennsylvania Commonwealth Court issued a decision in Bristol Borough v. WCAB (Burnett) regarding the burden of proof for volunteer firefighters in cancer claims under the Pennsylvania Workers’ Compensation Act. This decision is a tremendous win for volunteer firefighters in the Commonwealth of Pennsylvania. In the Burnett case,…

The NLRB Weighs in on Union Obligations to Dues Objectors

March 20th, 2019

Lobbying is out, trust but verify, and stand by for more changes. By Joseph D. Richardson If you work for or belong to a union, you are probably familiar with the concept of “fair share” fees and non-member objectors under Communication Workers of America v. Beck, a Supreme Court decision from 1988. The basic rule…

Developments in the Third Circuit Regarding the New Jersey Test for Employee Status

February 28th, 2019

By Ryan Allen Hancock On January 29, 2019, the Third Circuit Court of Appeals held, in a precedential opinion, that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) did not preempt the New Jersey law for determining employment status for purposes of the New Jersey Wage and Hour Law (NJWL) and the New Jersey…

NLRB General Counsel Set to Shelve More Retaliation Claims While Grievances Pending

January 30th, 2019

By Joseph D. Richardson If you represent private-sector employees, you have probably encountered the National Labor Relations Board’s (NLRB) Collyer deferral policy—you file an unfair labor practice charge on an issue that is or could be covered by a collective-bargaining agreement, the NLRB Regional Office (Region) ensures that the employer will process a grievance over…

Returning to Work? Pitfalls of PA Workers’ Compensation System

January 17th, 2019

By Paul Della Franco Returning to work after sustaining a disabling work injury can be a stressful and confusing time. In this post we will address two of the primary concerns which many of our Pennsylvania workers’ compensation clients express to us either before or soon after they return to work. What happens if you…

The New ACA ‘Decision’ by Judge Reed O’Connor: What You Need to Know Now

January 3rd, 2019

By: Louise F. Pongracz On December 14, 2018, Federal District Judge Reed O’Connor (in the Northern District Court of Texas) issued an order on a challenge to the Affordable Care Act (“ACA”) brought by 20 Republican state attorneys general and two individuals.  These Plaintiffs claimed that because Congress, in the Tax Cuts and Jobs Acts (“TCJA”),…

Third Circuit Rejects Employer Attempt to Shift Withdrawal Liability to Teamsters Union

December 13th, 2018

By: James Beall & James Glowacki The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) imposes an exit charge on employers that stop participating in multiemployer-union defined benefit plans. The exit charge approximates the withdrawing employer’s share of the plan’s total unfunded vested benefits owed to participants, but not yet covered by existing plan assets….

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