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...
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Pittsburgh Employment Law Blog
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...
Paid Sick Leave: New Duties for Employers
In a current wave of legislation, states and cities across the country are passing laws and ordinances granting workers paid sick leave. Massachusetts, Connecticut, California and Washington have passed state wide laws permitting leave. Cities such as Philadelphia,...
Employee or Contractor: The Case of Uber and Ride Sharing
In today's economy, technology and "sharing" based platforms are redefining who is considered a contractor and who is an employee. Ride sharing businesses have taken hold in cities across the United States. The model is simple, but extremely profitable. Ride sharing...
Wellness Incentives and Employer Provided Healthcare Plans
Under the Affordable Care Act, employers who provide health benefits may use financial penalties and incentives to encourage staff to participate in wellness programs which seek to evaluate and encourage workers' healthy behaviors and other lifestyle choices. Programs...
Department of Labor to Propose New Overtime Rules
The Executive Branch has pushed for the expansion of overtime availability. Last year, President Obama used his executive authority to trigger a review and revision of the current overtime rules, which currently prevent certain classes of salaried workers from...
Social Media and Class Action Litigation
The rise of social media has recently altered several areas of the law, including class and collective action litigation. In 2013, a group of former interns sued Gawker Media, an online media company and weblog network, claiming it had violated the Fair Labor...
FLSA: Employers, the Courts and Private Settlements
No matter how an employer choses to handle an FLSA complaint, it is important to know that the FLSA requires the Department of Labor to supervise all potential violation settlements. This means that employees who receive severance packages or conditioned settlement...
Starting or running a business? Do not ignore these legal issues.
Startups and businesses are great opportunities for entrepreneurs to achieve their vision. In the pursuit of finding and retaining talented employees, many of these businesses overlook several "hidden" legal issues which can be detrimental to long profitability and...

