Federal Law Update – Pregnant Workers Fairness Act Goes Into Effect on June 27, 2023
The Pregnant Workers Fairness Act (PWFA) will give workers the right to receive reasonable accommodations for limitations related to childbirth, pregnancy, or related medical conditions – unless the accommodation will cause the employer undue hardship. Reasonable accommodations can include childbirth recovery, light duty, flexible hours, and remote work. This federal law ensures employees will not […]
Regulatory Alert – FTC Proposes Federal Ban and Recission of Non-Compete Agreements
Proposed Federal Ban of Non-Compete Agreements On January 3, 2023, the Federal Trade Commission (FTC) released a proposal named Non-Compete Clause Rulemaking. The rule would state in relevant part: (a) Unfair methods of competition. It is an unfair method of competition for an employer to enter into or attempt to enter into a non-compete clause with a worker; […]
On March 25, 2021, the Pennsylvania Supreme Court affirmed the previous Opinion and Order of the Commonwealth Court, holding that the PLCB must implement a new procedure permitting the shipment of special orders directly to customers. MFW Wine Co., LLC v. Pa. Liquor Control Bd., 2021 Pa. Lexis 1275 (Pa. Mar. 25, 2021). Prior to […]
Case Bulletin – EEOC v. Route 22 Sports Bar, Inc. and Crazy Mexican Restaurant & Grill, LLC
The EEOC recently filed suit against two West Virginia Restaurants, Route 22 Sports Bar, Inc. and Crazy Mexican Resaurant & Grill, LLC. The charging party, a female employee along with a class of female employees, alleged being subjected to a hostile work environment because of their sex. The Defendants also are alleged to have retaliated […]
EEOC Guidance Relating to COVID 19 Testing
On April 23, 2020, the EEOC put out new guidance pertaining to employers requiring COVID 19 testing/inquiries. The EEOC guidance attempts to clarify the legality of such testing under the ADA. According to the EEOC guidance, during a pandemic, ADA-covered employers may ask such employees if they are experiencing symptoms of the pandemic virus. For […]
Case Bulletin – Roverano v. John Crane, Pennsylvania Supreme Court
In Roverano v. John Crane, the Pennsylvania Supreme Court considered whether the Fair Share Act requires a factfinder to apportion liability on a percentage, as opposed to a per capita basis, in strict liability asbestos actions. The Court also considered whether the Fair Share Act requires a factfinder to apportion liability to bankrupt entities that […]
Case Bulletin – Superior Court Permits Incomplete Deposition Testimony To Be Used Against Defendants
On October 28, 2019, Pennsylvania’s Superior Court issued a critical ruling in the Estate of Nicholas J. Kardos matter related to the admissibility of incomplete deposition testimony and an affidavit executed by an individual who died prior to completion of his deposition. In its decision, the Kardos court held that the trial judge improperly excluded […]
The recent Corey decision by the Pennsylvania Superior Court serves to underscore the importance of discovery designed to seek information regarding marital issues in a case where loss of consortium is claimed. The Superior Court ruled last month that a spouse who brought a survival action against her husband’s treating physician and hospital could not […]
ZK Update – DOL Publishes Updated Overtime Exemption Threshold for Salaried Employees
On Tuesday, September 24th, the Department of Labor (“DOL”) announced a final rule for its interpretation of the salaried employee exemptions from minimum wage and overtime pay requirements under the Fair Labor Standards Act. The rule, commonly known as the “EAP” exemption (Executive, Administrative, Professional), provides that employees are exempt from overtime requirements if they […]
On Monday, August 20, 2018, the Superior Court authored its most recent opinion providing further insight into the application of the new products liability standard from Tincher v. Omega Flex, 104 A.3d 328, 399 (Pa. 2014). The Superior Court considered an appeal from the grant of a defendant’s summary judgment on the theory of defective […]
Case Bulletin – US Supreme Court Issues Ruling on Jurisdictional Limits
On June 19, 2017, the U.S. Supreme Court restricted the jurisdictional reach of state long-arm statutes when it struck down a decision by the California Supreme Court allowing out-of-state residents to join a class action lawsuit against Bristol-Meyer Squib filed in California. Previously, the California high court ruled in favor of permitting approximately 600 non-Californians […]
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