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 ...
The New Jersey Paid Sick Leave Act
One of the first pieces of legislation signed into law by Governor Murphy of New Jersey in 2018 is a law requiring employers to provide both full-time and part-time employees 40 hours of paid sick leave each benefit year. The New Jersey Paid Sick Leave Act (Act), which went into effect ...
U.S. Supreme Court Upholds Use of Class Action Waivers in Employee Arbitration Agreements
A few weeks ago, the United States Supreme Court issued a sweeping decision in Epic Systems Corp. v. Lewis, in three consolidated cases including one arising under the National Labor Relations Act, that will make it difficult, if not impossible, for employees to gain access to a court of ...
‘What Did You Make at Your Last Job?’- Ninth Circuit Holds Prior Salary is No Justification for Current Pay Gap
It is well known that women often earn less than men for doing the same work. Per a Pew Research Center analysis, women in the United States earned about 82% of what men earned in 2017. The United States Court of Appeals for the Ninth Circuit recently addressed this “pay gap” in considering ...
Fourth Circuit Court of Appeals Strikes Down Common Employer Bargaining Tactic as Unlawful Under the Pension Protection Act
On April 26, 2018, the U.S. Fourth Circuit Court of Appeals invalidated an employer’s attempt to freeze participation in a multiemployer pension plan to existing employees, and place new employees in a 401(k) plan. This is a common employer demand in bargaining, but it was held unlawful because of ...
Increased Exposure to Child Abuse Reporting in the Workplace
The Pennsylvania Legislature, to a large degree in response to some of the institutional failures apparent at Penn State University in the aftermath of the Jerry Sandusky scandal, took several steps to broaden the definition of child abuse. These changes to the Child Protective Services Law and a ...
Sexual Harassment and Assault: How Labor Unions Are Responding to Recent Allegations Against Top Hollywood Moguls
Whether on social media, on television, or in print, you have undoubtedly already heard of the allegations made in recent weeks against top Hollywood moguls such as Harvey Weinstein, Brett Ratner, Russell Simmons, Kevin Spacey, and Louis C.K. (among others). From claims of hostile working ...
Will Salary History Bans Eliminate the Gender Pay Gap?
On October 6, 2017, Oregon became the first state to ban public and private employers from asking prospective employees about salary history. Seeking to expand upon the Oregon Equal Pay Act, which prohibits employers from discriminating through wages and other compensation based on gender, the new ...
Beware the Perils of Work-Related Social Media Posts
If you’ve spent much time on social media, chances are you have come across that person who “over-shares.” Some posts are just awkward; some are offensive; others are so personal they make the reader squirm. A recent decision from the Pennsylvania Commonwealth Court is a reminder that when you share ...
You May Be Able To Help Victims of Hurricane Harvey By Donating Your “Paid Time Off”
Have you and your co-workers been kicking around ideas about how to help the victims of Hurricane Harvey? The IRS has issued guidance that could give even those with limited cash a way to donate if your employer will donate cash equal to your paid-time-off to certain approved charitable ...