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 ...
West Virginia Right-to-Work Makes its Way to the State Supreme Court
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 ...
The Pennsylvania Commonwealth Court Protects the Rights of Volunteer Firefighters (With Some Help from Willig, Williams & Davidson)
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 ...
The NLRB Weighs in on Union Obligations to Dues Objectors
Lobbying is out, trust but verify, and stand by for more chan 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 is ...
Developments in the Third Circuit Regarding the New Jersey Test for Employee Status
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 ...
NLRB General Counsel Set to Shelve More Retaliation Claims While Grievances Pending
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 ...
Returning to Work? Pitfalls of PA Workers’ Compensation System
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 ...
The New ACA ‘Decision’ by Judge Reed O’Connor: What You Need to Know Now
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 ...
Third Circuit Rejects Employer Attempt to Shift Withdrawal Liability to Teamsters Union
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 ...
New York’s Statewide Stand Against Workplace Sexual Harassment
Just last month, New York enacted a comprehensive statewide law aimed at reducing incidents of sexual harassment in the workplace. The new law expands protections available to employees and requires all New York employers to maintain a sexual harassment policy conforming to the state’s minimum ...