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Employers count on Lee for sound strategic advice to mitigate the risk of employment disputes, and effective advocacy when complex employment litigation cannot be avoided.

Q: Can you provide an overview of Election Day 2020 ballot measures approved by voters that may impact the workplace?

A: While President-elect Joe Biden’s victory over incumbent President Donald Trump dominated Election Day 2020, voters also approved various ballot measures that will have repercussions for workplaces throughout the nation. Below find a summary of some of the biggest employment-related ballot measures approved by voters.


Continue Reading Voters Nationwide Approve Ballot Measures Impacting the Workplace

Q: Did the Pennsylvania Department of Labor & Industry amend regulations to increase the minimum salary employees must receive in 2021 and beyond?

A: The Pennsylvania Department of Labor & Industry recently amended Pennsylvania Minimum Wage Act (PMWA) regulations to increase the minimum salary employees must receive in 2021 and beyond to qualify for one of the so-called “white collar” (i.e., executive, administrative, and professional) exemptions from overtime pay. The final rule became effective on October 3 after its publication in the Pennsylvania Bulletin. Consequently, the state overtime regulations under the PMWA will now differ from the federal overtime regulations under the Fair Labor Standards Act (FLSA) in two important ways. First, starting on October 3, 2021, the PMWA will require a higher minimum salary than required by federal law. Second, the minimum salary required under the PMWA will adjust automatically every three years starting in 2023.
Continue Reading Minimum Salary Threshold for Pennsylvania White Collar Exemptions to Increase in 2021 and Beyond

Q: What do I need to know about the recently enacted Philadelphia ordinance providing Philadelphia employees with paid public health emergency leave?

A: On September 17, Philadelphia Mayor Jim Kenney signed an ordinance, providing paid “public health emergency” leave benefits to workers in Philadelphia who physically report to their jobs and who may not have been covered by the Families First Coronavirus Response Act (FFCRA) — including employees working for businesses with more than 500 employees. The ordinance applies to all employees (and some nonemployees, including independent contractors) working within the geographic boundaries of the City of Philadelphia for at least 40 hours in a year. Potential nonemployees covered by the ordinance include domestic workers (e.g., housekeepers), health care professionals, home care workers, and gig workers (e.g., individuals driving for rideshare or food delivery services).
Continue Reading Philadelphia Adopts Public Health Emergency Leave Ordinance

Q. How will the federal court decision impact business policies and practices that address FFCRA leave?

A. On August 3, 2020, the U.S. District Court for the Southern District of New York struck down four parts of the regulations issued by the U.S. Department of Labor (DOL) implementing the Families First Coronavirus Response Act (FFCRA). As a result of the decision:
Continue Reading Federal Court Decision Changes How Employers Must Implement Families First Coronavirus Response Act

Q. I understand that the United States Supreme Court came out with a new decision extending Title VII protections. What are the details?

A.  Delivering a historic victory for the LGBTQ community, the U.S. Supreme Court issued a 6-3 landmark decision on June 15, ruling that Title VII of the Civil Rights Act of 1964 prohibits terminating an employee based on the employee’s gender identity or sexual orientation. In Bostock v. Clayton County, Georgia, 590 U.S. _____ (2020), the Court held “that employers are prohibited from firing employees on the basis of homosexuality or transgender status.” Justice Neil Gorsuch wrote the majority opinion, in which Chief Justice Roberts and the four liberal justices joined. Justice Alito wrote a 107-page dissent, in which Justice Thomas joined, and Justice Kavanaugh dissented separately.
Continue Reading Supreme Court Rules Title VII Protects Gay and Transgender Employees

Q. Are employers allowed to ask employees about their salary history in Philadelphia?

A. The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional. In April 2018, a Philadelphia federal court judge held

Q. Are there new laws that New Jersey employers needs to be aware of?

A. January 2020 was a busy month for New Jersey’s executive branch. Governor Phil Murphy signed into law at least five workplace-related bills, one of which revised the New Jersey mini-WARN Act, one granting state regulators authority to issue stop-work orders

Q: I heard that the Pennsylvania Supreme Court recently issued a major ruling regarding overtime pay. What do I need to know?

A: On November 20, 2019, the Pennsylvania Supreme Court rejected the application of the fluctuating workweek method (“FWW Method”) of calculating overtime under the Pennsylvania Minimum Wage Act (PMWA) and its corresponding regulations.

Q: Over the summer, I saw that President Trump tweeted that four minority Democrat congresswomen should “go back” to where they came from. What Human Resources lessons can be learned from the President’s tweet?

A: In July 2019, President Trump tweeted that certain Democrat congresswomen “who originally came from countries whose governments are a complete