The U.S. Supreme Court issued four important decisions affecting employee benefits in the term it recently completed. Here is a brief summary of these cases and our preliminary views on their longer-term implications. Bostock v. Clayton County is the most significant of the four opinions. In a ...
The Supreme Court Weighs In on Discrimination Based on LGBTQ Status
By: Lauren M. Hoye Employees and plaintiffs’-side employment lawyers were pleasantly surprised in June 2020 when the United States Supreme Court held that an employer who fires an individual merely for being LGBTQ violates federal law, specifically Title VII of the Civil Rights Act of 1964. The ...
Philadelphia City Council Passes Novel Anti-Retaliation Protections Amid COVID-19
By Jordan Konell On June 25, Philadelphia City Council unanimously passed its “Essential Workers Protection Act,” which will guarantee protection for workers who voice concerns about workplace conditions that violate COVID-19 Commonwealth of Pennsylvania or City of Philadelphia public health ...
NLRB Forges Ahead with New Election Rules Despite Court Order
By Joseph D. Richardson On May 30, 2020, in response to a lawsuit filed by the AFL-CIO, a federal district court in Washington, D.C. threw out several provisions of the National Labor Relations Board’s new election rules, which were announced in December of 2019 and were scheduled to go into ...
Pennsylvania Unemployment Insurance for Employees Working Short-Time
INTRODUCTION In the wake of legislation adopted to provide economic security to individuals impacted by COVID-19, many union workers have seen their work eliminated or diminished. For workers who are laid off or furloughed, Unemployment Insurance is a benefit to which they may be entitled ...
Pennsylvania Passes COVID-19 Benefits for Police Officers, Firefighters and Correctional Officers
By Richard G. Poulson On April 21, 2020 the Pennsylvania General Assembly passed legislation that provides occupational benefits to certain workers who contract COVID-19 on the job. House Bill 1869 specifies that police officers, firefighters and other workers covered under the Enforcement ...
What Are My Rights to Get Health Care from the Affordable Care Act Marketplace if I Lose My Health Care Coverage from My Job?
Q: If I lose my employer coverage, will I be able to enroll in a Marketplace health plan? A: Yes, you may qualify for a “Special Enrollment Period” for enrolling in a Marketplace health plan if you lose your health coverage through your employer. Q: How much time will I have to enroll in a ...
UPDATE: Supreme Court of Pennsylvania Extends Stay of Evictions Through April 30, 2020; Philadelphia County Postpones May 2020 Foreclosures Until July 2020
By Kristine A. Phillips As previously reported, the Supreme Court of Pennsylvania recently issued an order that stopped any evictions until April 3, 2020. Due to the ongoing public health concerns related to Covid-19, the provisions of this order were recently extended through April 30, 2020. ...
Do Multiemployer Health and Welfare Funds Have to Provide Paid Sick Leave and Paid Family Leave Under the FFCRA to Their Participants?
By: James S. Beall, Kelly A. Brogan, Louise "Wendy" F. Pongracz and Susan Bahme Blumenfeld BACKGROUND Under the newly-enacted Families First Coronavirus Response Act (FFCRA), all public employers and private employers with fewer than 500 total employees must provide 80 hours of paid sick leave ...
FFCRA and CARES Act Update for Labor Unions
By Ryan A. Hancock On March 18, 2020, the U.S. Congress passed the Families First Coronavirus Response Act (“FFCRA”). The law includes numerous emergency measures to combat the ongoing COVID-19 pandemic, including establishing paid sick leave and expanded family and medical leave where ...