Renewed Effort for Liability Shields

Prompted largely by a spike in the number of coronavirus lawsuits filed against businesses, efforts to create federal liability protections have been resurrected. As we’ve advised in past issues, Senate Majority Leader Mitch McConnell (R-KY) has called the creation of federal liability shields his “red line” for the next legislative aid package. Since May 1,…

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Pennsylvania Bill Would Lift Stay-At-Home Order

Apparently President Trump is not the only elected official itching to open the economy back up as quickly as possible. The Pennsylvania legislature passed legislation this week that would override Governor Tom Wolf’s current stay-at-home order and require the state to align with federal guidelines on which businesses will be allowed to reopen during the…

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Miscellaneous

Last week saw new unemployment claims set a new record with 3.3 million claims in one week. Well, that record didn’t last long as the Department of Labor (DOL) yesterday reported that new claims for unemployment benefits reached over 6.6 million – more than double last week’s record! To put those numbers in perspective, the…

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Pennsylvania Expands Overtime Coverage

Pennsylvania Governor Tom Wolf had asked the legislature to reach a compromise and present him with a bill increasing the state minimum wage. The legislature couldn’t agree by the deadline Governor Wolf set and the state regulatory apparatus flexed its muscle. The state labor department proposed new increased salary thresholds for overtime exemption and the…

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Employer Liability for Marijuana Termination

Although it is still very much a developing body of law, employers must be especially cautious in the actions they take against employees who may be legally using marijuana for medical purposes. In the first state or federal decision in Pennsylvania, the Court of Common Pleas in Scranton allowed a lawsuit to proceed against the…

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Minimum Wages Grabbing More Headlines

Speaking of minimum wages, this past week the US House Education and Labor Committee held a full committee hearing on the Raise the Wage Act (H.582 – filed by Sanders, House Chairman Bobby Scott and a host of others) that lasted better than 7 hours. The bill would mandate an increase in the current $7.25…

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Mixed Bag on State Minimum Wages

The Florida Supreme Court rejected local minimum wages this week when it dismissed an appeal brought by the city of Miami Beach. Recall that Miami Beach passed its own minimum wage in excess of the state minimum (currently $8.46 per hour as of 1/1/19) back in 2016, setting a local minimum wage that would gradually…

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More Minimum Wage Hikes in the Works

As we predicted over the past few weeks, New Jersey gave its official blessing to more minimum wage increases up to $15 per hour effective by 2024 yesterday when both branches of the New Jersey legislature passed S.15 and sent it on to the Governor. The bill has enjoyed support from Governor Phil Murphy for…

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Pennsylvania IRRC Concerned over Overtime Threshold

Back in the summer months, the Pennsylvania Department of Labor and Industry (DLI) released proposed revisions to the Pennsylvania Minimum Wage Act overtime exemptions (currently set at $250 per week or $13,000 per year). The proposal recommended increasing the state overtime exemption threshold in each of the next three years with the first increase in…

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Dunkin’ and the No-Poach Clause

Many franchisors utilize so-called “no-poach” clauses in their franchise agreements, and such clauses may be structured in a way that limits a franchisee’s ability to hire employees of other, same-brand franchisees and/or employees of the franchisor. Recently, a group of state attorneys general and prominent legislators began pressing franchisors to cease use of so-called “no-poach”…

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