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, ...
NLRB Targets Key Election Policies in Proposed Rulemaking
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 ...
The Protections of the Philadelphia Fair Workweek Employment Ordinance
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 ...
Pennsylvania House Bill 849 Would Prohibit Employers From Using NDAs in Sexual Harassment Cases
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 ...
Uber Drivers Not Employees, NLRB General Counsel Concludes
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 ...