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Willig, Williams & Davidson Blog

Commonwealth Court Decision Regarding “Necessitous and Compelling” Requirements Under Pennsylvania Law

August 21st, 2019

Last month, the Commonwealth Court of Pennsylvania, in a case called Devon Preparatory School v. Unemployment Compensation Board of Review, ruled that a former employee of Devon Preparatory School (School) was entitled to unemployment compensation benefits after she voluntarily quit her job, where the School told her that her pay, duties, and vacation time were being drastically changed.

NLRB Targets Key Election Policies in Proposed Rulemaking

August 12th, 2019

By Joseph D. Richardson The National Labor Relations Board (NLRB) announced on August 9, 2019 a plan to significantly change three aspects of the Board’s election rules. This process will officially begin on Monday, August 12, 2019, when the agency’s Notice of Proposed Rulemaking  is to be published in the Federal Register. Under what is…

The Protections of the Philadelphia Fair Workweek Employment Ordinance

August 5th, 2019

By Jessica Brown Philadelphia has taken a big step forward in improving the lives of many retail, food, and hospitality workers in the city. Beginning on January 1, 2020, covered employers will be required to provide employees with the following: Advance notice of their work schedules; “Predictability pay” where there is a deviation from the…

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…

   
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