As an employer, it is important to make sure that you are abiding by the fair labor standards act (FLSA) so as to ensure that you will not be subject to any complaints or claims made against your employees in regards to overtime and working hours. The following blog...
Minimizing Risk. Resolving Disputes. Protecting Your Business.
Pittsburgh Employment Law Blog
Watch out for the risk of misclassifying employees
The hiring of independent contractors has many pros and cons that are complex. It is important, however, to make sure that you avoid classifying workers as independent contractors when they are actually full-time employees. Organizations need to be wary of the recent...
A PTO policy could make administration easier, less contentious
It can be a real hassle to keep track of which employees have used how much of their vacation days, floating holidays, personal days, charitable time and sick leave, especially when their days continue to accrue throughout the year. You might invest in some costly...
3 most common forms of FMLA abuse
As an employer, you have likely heard every excuse in the book. Some of them are plausible, and some of them are outright outlandish. When it comes to FMLA, though, many of the reasons given tend towards the latter. It is not uncommon for employees to abuse the...
2015 FLSA Litigation: On the Rise
During the last 15 years, wage and hour lawsuits filed in federal court have risen over 450%. According to the Judicial Resource Center, 8,781 Fair Labor Standards Act lawsuits were filed in 2015, which is a 7.6 percent increase from 2014. This year has seen new...
Expansion of the Joint Employer-NLRB Browning-Ferris Decision
At the end of August, the National Labor Relations Board (NLRB) handed down a decision, departing dramatically from past precedent, ruling that companies may be held liable for labor violations conducted by their contractors and subject to joint collective bargaining...
Zannikos and the Fifth Circuit: Highly Compensated Oil Workers May be Exempt from the FLSA
Over the winter, our firm wrote an article about various FLSA exemptions and used the case of Zannikos v. Oil Inspections to illustrate the application of the highly compensated employee exemption. To summarize, in 2012, Vasilios Zannikos, on behalf of all similarly...
The New Overtime: Proposed Rules from the Department of Labor
On July 6, 2015, the Department of Labor (DOL) proposed a new set of requirements for workers who may receive overtime wages. The proposed rule expands the class of overtime eligible employees. The DOL's proposed rules are in direct response to President...
Changes to the Gist of the Action Doctrine in Pennsylvania
Recently, the Pennsylvania Supreme Court has issued a ruling which may grant tort claims for fraudulent contract performance. Bruno v. Erie Ins. Co., 106 A.3d 48 (Pa. 2014). Pennsylvania courts have employed two methods to determine whether tort claims that accompany...
King v. Burwell: Affirming the Affordable Care Act
The controversial Affordable Care has caused debate and litigation since it was signed by the President in 2010. The Affordable Care Act embodies three reforms to overhaul the American healthcare system. First, the Act required guaranteed issue and community rating...

