Information and guidance on every phase of employment
Troutman Sanders and Pepper Hamilton officially became Troutman Pepper (Troutman Pepper Hamilton Sanders LLP), a national law firm of 1,100 attorneys in 23 U.S. offices. Our new firm offers clients greater resources and bench strength, enhanced practices, and expanded geographical reach.
We are now one of the 50 largest law firms in the country, with…
Q. What is the standard for determining whether an individual is an independent contractor under Pennsylvania’s unemployment compensation law?
A. Following a recent decision from the Pennsylvania Supreme Court, businesses now face a tougher standard under the state’s unemployment compensation law for demonstrating that a worker is an independent contractor and not an employee. In A Special Touch v. Commonwealth of PA, the Court held that, to claim the exemption from tax liability for a self-employed worker, the employer must show that the individual in question is involved in an independent trade or business “in actuality,” rather than “having the mere ability to be so involved.”…
Continue Reading Pennsylvania Supreme Court Clarifies Independent Contractor Standard For Purposes of Unemployment Compensation Taxes
Q. What is the new deadline to file an EEO-1 report?
A. The Equal Employment Opportunity Commission (EEOC) announced in a press release on May 7, 2020 that it will postpone its annual collection of EEO-1 demographic data until 2021, in light of the circumstances surrounding the novel coronavirus outbreak. This comes at a time when many employers were already waiting for a determination as to when the EEOC would begin collecting reports from 2019.…
Continue Reading EEOC Delays EEO-1 Data Reporting Deadline to 2021 Due to COVID-19
On Wednesday, April 15, Pennsylvania Governor Tom Wolf, in conjunction with the state’s Department of Health, announced an Order requiring businesses to implement new safety measures in response to the coronavirus pandemic. The Order details a litany of new “social distancing, mitigation, and cleaning protocols” that businesses must observe with respect to both employees and customers. Effective immediately, the Order applies to “life-sustaining businesses” authorized to maintain operations during the crisis under a prior order issued in March, including grocery stores and pharmacies. The Governor has directed a number of state agencies to enforce the new requirements, including the Department of Labor & Industry, the Department of Health, and the Pennsylvania State Police.…
Continue Reading Employers Should Act Now in Response to New Order from the Pennsylvania Department of Health
Q: My Company’s standard employment settlement agreement includes a no-rehire provision. Can I continue to include that provision for California employees?
A: If the agreement settles an employment dispute with an “aggrieved person,” you may no longer include a no re-hire provision in the agreement for California employees. Assembly Bill No. 749 (“AB 749”), which amends the California Code of Civil Procedure, became effective January 1, 2020 and provides that if an unlawful no-rehire provision is included in a settlement agreement, the provision is void as a matter of law. An “aggrieved person” is defined as a person who has filed a claim against the employer in court, before an administrative agency, in an alternative dispute forum, or through the employer’s internal complaint process.…
Continue Reading California Now Prohibits No-Rehire Provisions in Certain Employee Settlement Agreements
Q. What should my company be doing to prepare for the spread of the coronavirus?
A. With the number of coronavirus cases topping 90,000 worldwide, resulting in more than 3,000 deaths across 65 countries, it is only a matter of time before the disease has some impact on normal business operations. However, as the virus…
Q. I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?
A. The United States Supreme Court recently declined to review an en banc Seventh Circuit decision in Kleber v. CareFusion Corporation, which ruled…
Q. My company has offices in Philadelphia and Pittsburgh. Is Pittsburgh’s new paid sick leave law the same as Philadelphia’s paid sick leave law?
A. Effective March 15, 2020, Pittsburgh will be joining Philadelphia and several other jurisdictions in requiring employers to provide sick leave to its employees. While these laws share the same intent,…
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. I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?
A. The United States Supreme Court recently declined to review an en banc Seventh Circuit decision in Kleber v. CareFusion Corporation, which ruled…
