Labor & Employment Law Newsletters

UPDATE ON OVERTIME REGULATIONS: PENNSYLVANIA LIBERALIZES SALARY THRESHOLDS COMPARED TO RECENT FEDERAL CHANGES This follows up on our prior communications regarding changes to overtime requirements for employees.  New Pennsylvania state regulations on the salaries of...

DOL Proposed Rulemaking on Overtime Exemption Salary Thresholds On March 7, 2019, the U.S. Department of Labor (“DOL”) released a proposed rule updating the overtime regulations under the Fair Labor Standards Act (the “FLSA”).  Unless exempt, employees covered by the...

Preliminary Injunction Places Temporary Hold on New Overtime Rules On November 22, 2016, Federal District Court Judge Amos Mazzant of the Eastern District of Texas, who was appointed by President Obama, issued a major defeat (at least for now) to the Obama...

November 28, 2016Preliminary Injunction Places Temporary Hold on New Overtime RulesOn November 22, 2016, Federal District Court Judge Amos Mazzant of the Eastern District of Texas, who was appointed by President Obama, issued a major defeat (at least for now) to the...

Impact of New Overtime Rules on EmployersOn May 18, 2016, the U.S. Department of Labor (DOL) released its “Final Rule” updating the overtime regulations under the Fair Labor Standards Act (FLSA). According to the Obama Administration, these changes will result in...

DOL Releases Updated FMLA FormsAfter extending the expiration dates several times, the U.S. Department of Labor (DOL) Wage and Hour Division has released revised versions of its Family Medical Leave Act (FMLA) forms which will expire on May 31, 2018.The revised...

DOL Updates FMLA Definition of "Spouse" The U.S. Department of Labor (DOL) Wage and Hour division has released a Final Rule revising the definition of spouse under the FMLA, which will take effect on March 27, 2015. The change was prompted by the U.S. Supreme Court...

SUPREME COURT UPDATE: ACA Contraceptive Mandate: Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burwell In a 5-4 decision this morning, the United States Supreme Court ruled that closely-held, for profit corporations, may be exempt from...

Is the Burden of Proof Shifting in Mental Injury Claims? A recent Pennsylvania Supreme Court case is raising concerns among employers that the burden of proof may be shifting in mental injury or stress claims, making it easier for employees to recover workers’...

Another Delay in Employer Mandate to Offer Health Coverage to Employees: Relief for Employers with 50-99 Employees Plus New Rules and Definitions On Monday, February 10, 2014, the Internal Revenue Service issued 238 pages of final regulations for Employer Shared...

NLRB SEEKS TO CHANGE ELECTION RULES FOR THE SECOND TIME Today, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rule Making, proposing amendments to the regulations governing the filing and processing of petitions for election under the National...

SUPREME COURT DECISION: Sandifer v. U.S. Steel Corp. FLSA –Donning and Doffing of Protective Clothes at the Beginning and End of Each Work Day On Monday, January 27, 2014, the Supreme Court of the United States issued a unanimous decision in Sandifer v. U.S. Steel...

Philip Payes was a seasoned (12 year) Pennsylvania State Trooper who, on the night of November 29, 2006, struck and killed a pedestrian, dressed in black, who suddenly ran in front of his patrol car, along Interstate 81. Payes circled back and parked his cruiser into...

On Thursday, October 31, 2013, the IRS issued Notice 2013-71 which amends the "Use-or-Lose Rule" for health flexible spending accounts.  The Notice amends the cafeteria plan regulations to allow health FSA participants to carryover up to $500 in unused amounts...

Pursuant to the Affordable Care Act, open enrollment for healthcare coverage through the States’ Marketplaces (or “Exchanges”) begins October 1, 2013. The purpose of the Marketplace Notice is to provide employees with certain information regarding the Marketplace. The...

Did you know that the Supreme Court’s decision in U.S. v. Windsor, commonly known as the DOMA Decision, which struck down section 3 of the Defense of Marriage Act (“DOMA”), impacts who may be eligible for FMLA leave?  It does!  Indeed, the Department of Labor recently...

PPACA “Play or Pay” Delayed Until 2015 The U.S. Treasury Department issued a news release yesterday evening announcing a one-year delay, until January 1, 2015, of the Patient Protection Affordable Care Act shared responsibility provisions that required employers with...

U.S. SUPREME COURT ISSUES TWO TITLE VII DECISIONS, FAVORABLE TO EMPLOYERS, THAT SIGNIFICANTLY IMPACT THE SCOPE OF EMPLOYER LIABILITY FOR HOSTILE ENVIRONMENT AND RETALIATION CLAIMS On Monday, the Supreme Court of the United States issued two opinions of great...

WORKERS’ COMPENSATION CASE LAW UPDATE: To those of you who were able to attend the KKAL Labor and Employment Law Seminar in April 2013, we offer a hearty “thank you”.  Since that time, there have been several noteworthy Workers’ Compensation cases, which we wanted to...

Excessive Absenteeism May Constitute Willful Misconduct and Preclude the Receipt of Unemployment Compensation In a recent en banc decision, the Pennsylvania Commonwealth Court held that a pattern of excessive absenteeism and tardiness may constitute “willful...

Workers’ Compensation Update: PA Supreme Court Extends Statutory Employer Concept Beyond Typical Construction Site A truck driver employed by F. Garcia &; Sons, (FG & S) was injured while transporting a shipment of tomatoes for its customer, Six L’s, between...

This morning, the United States Supreme Court held that the Patient Protection and Affordable Care Act (PPACA) does not violate the Constitution of the United States.  KKAL will be preparing a more thorough evaluation of this landmark decision.  For now, we are...

Late yesterday, May 14, 2012, the United States District Court for the District of Columbia struck down the highly controversial “Ambush Election Rules” enacted by the National Labor Relations Board (NLRB) on December 16, 2011 and which went into effect only 2 weeks...

     Within the Pennsylvania Unemployment Compensation Law, specifically, Section 701, there lies a provision which imposes criminal and financial penalties upon an Employer who requires an Employee to waive, release or commute his or her rights to compensation under...

Yesterday, the National Labor Relations Board (NLRB) issued a new regulation requiring all private sector employers to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). The new regulation becomes effective on November 14,...

Yesterday, the NLRB issued a proposed rule that would make it easier for unions to organize your workforce by shortening the time period between the filing of a petition for a secret ballot election and the election itself.  The most significant proposed changes...

Our PDF archive for our the Labor and Employment Law Watch newsletter, 2004 - 2010. Labor and Employment Law Watch - Fall 2010 U.S. Court of Appeals Addressing FSLA Overtime Pay Issue for School District Coaches and Extracurricular Activity Advisors Department of...