Hardin Thompson PC Hardin Thompson PC 2026-07-21T09:13:52Z https://www.hardinlawpc.com/feed/atom/ WordPress /wp-content/uploads/sites/1303449/2022/08/cropped-fav-icon-32x32.png by Jessica Guido <![CDATA[Employment Law Update: Allegheny County Proposes Mandatory Paid Parental Leave]]> https://www.hardinlawpc.com/?p=52308 2026-07-10T18:24:01Z 2026-07-10T18:23:40Z On May 13, 2026, the Allegheny County Health Department’s Board of Health voted unanimously in favor of a proposed paid parental leave mandate that would require employers to provide up to 18 weeks of paid leave to eligible employees following the birth, adoption, or legal placement of a child (including foster care). While the proposal has not yet become law, it represents one of the most expansive paid parental leave initiatives in Pennsylvania and could substantially impact employers of every size. Businesses with employees in Allegheny County should begin evaluating their current leave policies and preparing for the possibility of new compliance requirements. What Does the Proposal Require? On May 13, 2026, the Allegheny County Health Department’s Board of Health voted to advance a proposal that would establish mandatory paid parental leave for employees working within the county. If enacted, the proposal would require employers to provide eligible employees with:
  • Up to 18 weeks of paid parental leave at the employee's regular rate of pay;
  • Leave following the birth, adoption, or legal placement of a child, including foster care placement;
  • Continued employment benefits during the leave period; and
  • Reinstatement to the same or a comparable position upon returning to work.
Employees would generally become eligible after 30 days of employment, and the leave would be available for use during the first year following the qualifying event. The proposal also includes protections prohibiting employers from retaliating against employees who request or take paid parental leave. Changes Extend Beyond Parental Leave In addition to creating a paid parental leave requirement, the proposal would expand Allegheny County's existing Paid Sick Leave regulations. Among the proposed changes are:
  • Increased paid sick leave requirements for many employers;
  • Expanded coverage affecting additional businesses;
  • Modified leave accrual requirements; and
  • Additional employer compliance obligations.
Employers should review these proposed changes together, as they would collectively increase leave benefits available to employees and may require updates to existing workplace policies. How Does This Affect Existing Leave Laws? For employers already subject to the federal Family and Medical Leave Act (FMLA), paid parental leave under the proposed ordinance would generally run concurrently with FMLA leave when both laws apply. However, unlike the FMLA—which provides unpaid, job-protected leave only to eligible employees of covered employers—the proposed Allegheny County mandate would require employers to provide paid leave and would apply more broadly than federal law. Because employers may also have obligations under state and local leave laws, coordinating multiple leave requirements could become increasingly complex. What Should Employers Do Now? Although the proposal is still moving through the approval process, employers should begin preparing now by:
  • Reviewing current parental leave and paid time off policies;
  • Evaluating employee handbook provisions related to leave benefits;
  • Assessing the financial impact of providing extended paid parental leave;
  • Training human resources personnel and supervisors on potential new obligations; and
  • Monitoring future developments as the proposal moves toward final consideration.
Planning ahead can help employers avoid compliance issues and minimize disruption if the proposal is ultimately adopted. Hardin Thompson PC Is Here to Help Employment laws continue to evolve at the federal, state, and local levels, creating new challenges for employers. Hardin Thompson PC advises businesses on compliance with workplace laws, employee handbooks, leave policies, and risk management strategies. If your business operates in Allegheny County or elsewhere in Pennsylvania, our Employment Law attorneys can help you understand how proposed legal changes may affect your organization and prepare your workplace policies for compliance. For guidance on employment law compliance or workplace policy updates, contact Hardin Thompson PC today.  ]]> by Hardin Thompson PC <![CDATA[Hardin Thompson President Kenneth J. Hardin, II Recognized by Super Lawyers® for the 11th Consecutive Year]]> https://www.hardinlawpc.com/?p=52287 2026-06-18T13:07:26Z 2026-06-18T13:07:26Z

KENNETH J. HARDIN, II
PRESIDENT

SUPER LAWYERS® 2016–2026
11 CONSECUTIVE YEARS OF EXCELLENCE

Hardin Thompson is proud to announce that Kenneth J. Hardin, II, President of the firm, has once again been selected to the Super Lawyers® list, marking his eleventh consecutive year of recognition from 2016 through 2026.

The distinction reflects Mr. Hardin's longstanding commitment to excellence in litigation, insurance coverage, employment law, and client advocacy. Over the course of his career, he has earned a reputation as a trusted advisor, accomplished trial attorney, and strategic leader for businesses, insurers, and employers facing complex legal challenges.

A graduate of Kalamazoo College and Thomas M. Cooley Law School, Mr. Hardin began his legal career representing insurance carriers and trade-group liability pools in premises liability and dram shop litigation. As his practice evolved, he recognized the increasing importance of employment and labor issues facing businesses and expanded his focus to include employment litigation, workplace counseling, and risk management strategies designed to help clients avoid costly disputes.

Today, Mr. Hardin represents insurance companies, businesses, and individuals in a broad range of litigation matters, including business disputes, employment claims, insurance coverage litigation, construction claims, automobile liability matters, negligence actions, and intentional tort cases. He also assists organizations in evaluating workplace practices, managing litigation exposure, and developing proactive legal strategies.

A seasoned trial attorney, Mr. Hardin has completed trials and arbitrations throughout Pennsylvania, Michigan, and Ohio. Throughout his career, he has tried more than 65 jury trials while achieving a remarkable 92 percent success rate. His extensive courtroom experience and practical approach to dispute resolution have made him a trusted advocate for clients facing high-exposure litigation.

In addition to his trial practice, Mr. Hardin has worked closely with insurance carriers to develop uniform case-handling procedures that streamline litigation management, improve efficiency, and provide greater transparency throughout the claims process. His ability to combine legal experience with practical business solutions has earned the confidence of clients across multiple industries.

Mr. Hardin is admitted to practice in Pennsylvania and Michigan and before numerous federal courts, including the United States District Courts for the Western District of Pennsylvania and the Eastern and Western Districts of Michigan, the United States Courts of Appeals for the Third and Sixth Circuits, and the Supreme Court of the United States.

Beyond his litigation practice, Mr. Hardin serves as a labor and employment consultant for several startup companies within the automotive industry and continues to provide strategic guidance to businesses navigating increasingly complex regulatory and workplace environments.

His selection to the 2026 Super Lawyers® list marks more than a decade of consecutive recognition and reflects a career dedicated to trial excellence, client service, and leadership within the legal profession.

About Kenneth J. Hardin, II

Kenneth J. Hardin, II is President of Hardin Thompson. His practice focuses on Business Litigation, Employment Litigation, Insurance Coverage, Insurance Defense, Construction Litigation, and Complex Civil Litigation. He has tried more than 65 jury trials throughout Pennsylvania, Michigan, and Ohio and has been recognized by Super Lawyers® for eleven consecutive years.

About Hardin Thompson

Hardin Thompson is a litigation-focused law firm serving clients throughout Pennsylvania, Michigan, New York, New Jersey, West Virginia, Colorado, and beyond. The firm's attorneys provide strategic, results-driven representation in complex litigation, employment law, insurance coverage disputes, and business matters.]]> by Hardin Thompson PC <![CDATA[Kathryn T. Olon Selected to the 2026 Super Lawyers® Rising Stars List]]> https://www.hardinlawpc.com/?p=52281 2026-06-18T12:53:05Z 2026-06-18T12:50:15Z

Kathryn T. Olon Selected to the 2026 Super Lawyers® Rising Stars List

Hardin Thompson is pleased to announce that Kathryn T. Olon, Esq. has been selected to the 2026 Super Lawyers® Rising Stars list, an honor recognizing outstanding attorneys who have demonstrated excellence in their practice and earned significant peer recognition. Kathryn is an Associate Attorney with Hardin Thompson, where her practice focuses on Civil Litigation, Employment Litigation, and Insurance Coverage matters. She represents businesses, insurers, and individuals in a wide range of complex disputes, providing strategic counsel and dedicated advocacy throughout all stages of litigation. The Super Lawyers Rising Stars distinction is awarded to a select percentage of attorneys in each state. Candidates are evaluated through a multiphase selection process that includes peer nominations, independent research, and professional achievement indicators. The designation recognizes emerging leaders in the legal profession who have distinguished themselves through exceptional legal work and professional accomplishments. Since joining Hardin Thompson, Kathryn has built a reputation for thoughtful legal analysis, meticulous preparation, and a client-focused approach to advocacy. Her experience spans a broad range of litigation matters, including employment-related disputes, civil litigation, and insurance coverage issues. Clients value her ability to navigate complex legal challenges while remaining focused on practical and effective solutions. "Kathryn's selection to the Rising Stars list is a reflection of her talent, professionalism, and commitment to excellence," said Kenneth J. Hardin, II, President of Hardin Thompson. "She consistently delivers exceptional service to our clients and exemplifies the high standards that define our firm. We are proud to see her receive this well-deserved recognition." The attorneys and staff at Hardin Thompson congratulate Kathryn on this significant achievement and look forward to her continued success as she serves clients throughout the region.

About Kathryn T. Olon

Kathryn T. Olon is an Associate Attorney at Hardin Thompson. Her practice areas include Civil Litigation, Employment Litigation, and Insurance Coverage. She works closely with clients to develop strategic solutions and provide effective representation in complex legal matters.

About Hardin Thompson

Hardin Thompson is a litigation-focused law firm serving clients across Pennsylvania, New York, New Jersey, West Virginia, Colorado, and beyond. The firm's attorneys provide strategic, results-driven representation in business litigation, employment law, insurance coverage matters, and a broad range of complex legal disputes. For more information about Hardin Thompson, please visit www.hardinlaw.com.]]> by Hardin Thompson PC <![CDATA[Jacob A. Deane Recognized as a 2026 Super Lawyers Rising Stars List]]> https://www.hardinlawpc.com/?p=52279 2026-06-18T12:52:25Z 2026-05-20T08:50:32Z

Jacob A. Deane, Partner at Hardin Thompson PC, Named to the 2026 Super Lawyers Rising Stars List

Jacob A. Deane, Partner at Hardin Thompson PC, has been selected to the 2026 Super Lawyers Rising Stars list, a distinction recognizing attorneys who demonstrate exceptional professional achievement and earn high regard from their peers.

Mr. Deane focuses his practice on defending insured clients in general liability matters, including cases involving negligence, premises liability, and automobile liability. He has extensive experience representing clients in both state and federal courts and has successfully obtained defense verdicts and favorable arbitration outcomes for insured defendants and landlords.

In addition to his litigation work, Mr. Deane has represented clients in proceedings before the Equal Employment Opportunity Commission, Pennsylvania Human Relations Commission, and National Labor Relations Board, achieving successful resolutions and settlements.

Mr. Deane earned his Juris Doctor from Duquesne University School of Law, where he was a member of the National Trial Advocacy Team and received honors including the CALI Award for Excellence in Trial Advocacy. He is licensed to practice law in the Commonwealth of Pennsylvania and the U.S. District Court for the Western District of Pennsylvania.

The Super Lawyers Rising Stars selection process is a rigorous, multi-phase evaluation that includes peer nominations, independent research, and peer evaluations. The honor recognizes outstanding attorneys who are either 40 years old or younger or who have been in practice for 10 years or less. Only a small percentage of attorneys in each state are selected each year, underscoring the significance of this recognition.

Mr. Deane’s selection reflects his dedication to providing strategic, results-driven representation and his continued contributions to the firm’s success.

About Hardin Thompson PC

Hardin Thompson PC is a national law firm with offices in Pennsylvania, New York, New Jersey, West Virginia, and Colorado. The firm represents clients ranging from individuals to corporations in matters involving employment law, insurance defense, commercial litigation, and professional liability. Guided by a commitment to effective, personalized legal strategies, Hardin Thompson PC continues to achieve outstanding results across its diverse practice areas.

For more information about Hardin Thompson PC and its practice areas, please visit www.hardinlaw.com.

]]> On Behalf of Hardin Thompson PC <![CDATA[Addressing the bossware boom: What can employers monitor?]]> https://www.hardinlawpc.com/?p=52243 2026-04-30T23:41:34Z 2026-04-30T23:41:34Z What tactics are common? Employers may use a variety of different electronic systems and specialized programs to monitor their workers. These include, but are not limited to:
  • Keystroke logging software
  • Screenshots
  • Installing GPS in devices and vehicles
  • Assessing Slack and Team conversations
There are both state and federal rules in place to protect people from invasions of their privacy. The federal Electronic Communications Privacy Act of 1986 (ECPA) prohibits unauthorized interception of electronic communications. However, employers can often bypass the ECPA by including clauses in employment contracts advising workers that any communications or activity on company-provided mobile phones, tablets or laptops may be subject to monitoring. Of course, they must also comply with state-level statutes. Those differ in every jurisdiction. In Pennsylvania and Delaware, every party involved in a conversation must provide their consent. In Michigan, consent is necessary if the party recording is not an active participant in the conversation. In Connecticut, consent from all parties is necessary to record phone calls, but only one party's consent is necessary to record in-person conversations. In West Virginia, Colorado, New York and New Jersey, only one party involved in a conversation must consent to recording. Using a personal device can sometimes help bypass flagrant privacy invasion, but employers may still require that workers install apps that track their location or record other critical usage data. Employers often retain data for months or even years, allowing them to go back over conversations long after they occurred to look for excuses to discipline or terminate workers. Employer monitoring of direct communications between workers can have a chilling effect on activities involved with organizing with coworkers. Blanket, always-on monitoring creates serious privacy issues, especially if workers must carry their devices during their lunch breaks or while off duty. Those who speak up about their concerns might face retaliation, even if they are technically whistleblowers reporting conduct that violates state or federal statutes. Employers must provide clear notice about their recording and monitoring activities. They should use the least intrusive tools possible. They also likely need to provide deletion timelines to affirm how long they retain data. Employees forced to use company software or devices are at especially high risk. Employees who suspect that they are subject to inappropriate monitoring or who face workplace consequences due to allegations related to monitoring activity may need to consult with an employment attorney. Reviewing company practices and any punishment or retaliation that has occurred with a skilled legal team can help employees understand and assert their workplace privacy rights.]]> by Hardin Thompson PC <![CDATA[Hardin Thompson PC Ranked in Best Law Firms 2026 by Best Lawyers®]]> https://www.hardinlawpc.com/?p=52122 2025-11-06T16:50:48Z 2025-11-06T16:50:48Z 2026 edition of Best Law Firms® by Best Lawyers®. The firm earned a Regional Tier 3 ranking in Employment Law – Individuals in Pittsburgh, reflecting its ongoing commitment to advocating for employees and delivering exceptional representation in complex workplace matters. Best Law Firms – United States (2026 Edition) Regional Tier 3 Pittsburgh
  • Employment Law – Individuals
To be eligible for a Best Law Firms ranking, a firm must have at least one lawyer recognized in The Best Lawyers in America®. Rankings are determined through a combination of client and professional feedback, peer review, and firmographic data analysis. About Hardin Thompson PC Hardin Thompson PC is a national law firm with offices in Pennsylvania, New York, New Jersey, West Virginia, and Colorado. The firm represents clients ranging from individuals to corporations in matters involving employment law, insurance defense, commercial litigation, and professional liability. Guided by a commitment to effective, personalized legal strategies, Hardin Thompson PC continues to achieve outstanding results across its diverse practice areas. For more information about Hardin Thompson PC and its practice areas, please visit: www.hardinlaw.com]]> On Behalf of Hardin Thompson PC <![CDATA[DEI programs under fire: Compliance moves that actually reduce risk]]> https://www.hardinlawpc.com/?p=52079 2025-10-03T16:01:00Z 2025-10-03T16:01:00Z Students for Fair Admissions v. Harvard triggered a major legal shift. As a result, these well-intentioned programs are now under intense scrutiny. This has created a new landscape of legal risk for employers. While the ruling was about university admissions, its reasoning has prompted lawsuits alleging that many DEI initiatives are a form of illegal discrimination. The solution is not to abandon the goal of an inclusive workplace, but to strategically audit your programs to align with current laws.

Why well-intentioned DEI programs create risk

The primary danger of a modern DEI program is that a court may view it as creating unlawful preferences or quotas. As a result, corporate initiatives that use rigid hiring targets or set aside specific opportunities for certain groups now face a high risk of litigation. An employer’s goal, therefore, must be to create genuine equal opportunity for everyone, rather than providing a special advantage to one group.

Three compliance moves that reduce legal risk

To reduce your business's legal exposure, here are three critical adjustments you can make to refine your DEI program.
  • Focus on inclusivity, not quotas: Shift your program's focus from quotas to inclusive actions, like widening your applicant search and offering mentorship to all qualified employees.
  • Audit your language and training: Scrutinize your website, job postings, and training for any language that could be seen as preferential and ground your training in equal opportunity principles for all.
  • Tie initiatives to business objectives: Frame your DEI efforts as a business strategy focused on clear goals, like how a diverse workforce can improve innovation and expand your customer base.
Each of these adjustments helps align your program with current laws.

A proactive approach to a positive workplace

A legally compliant DEI program is not a weaker one; it is stronger and more sustainable. It protects your company from lawsuits while still supporting a genuinely fair environment for all employees. This area of employment law requires a careful and proactive approach. An experienced employment attorney can help your business audit its DEI initiatives and identify potential areas of risk.]]> On Behalf of Hardin Thompson PC <![CDATA[AI in the workplace: What employers and employees need to know]]> https://www.hardinlawpc.com/?p=51999 2025-08-19T11:48:20Z 2025-08-19T10:46:58Z AI is helping companies operate more efficiently and make more informed decisions. Its influence stretches beyond back-end operations into areas that directly impact people, particularly how businesses hire, manage and evaluate employees. In many cases, AI can improve consistency, reduce human bias and help companies respond more quickly to evolving business needs. Yet, alongside these advantages come serious ethical and legal concerns. As the use of AI grows, both employers and employees ought to understand how it functions, where it is being applied and what safeguards are needed. 

AI in hiring processes

Many organizations now rely on AI tools to:
  • Screen resumes
  • Rank applicants
  • Conduct video interviews 
These systems analyze data to estimate which applicants are most likely suited for a given role. By automating day-to-day tasks, AI has helped reduce time-to-hire and improve consistency in decision-making. However, AI-based hiring systems tend to be as unbiased as the data they are trained on. For instance, an AI system trained on resumes from a male-dominated company might favor male candidates. Employers should actively audit and refine these systems to avoid such risks.

AI for employee monitoring

AI is also being used to monitor employee behavior and productivity through:
  • Keystroke tracking 
  • Email analysis 
  • Computer vision tools that detect presence and engagement 
While this can help identify training needs or prevent misconduct, it can also raise serious privacy concerns. Employees may feel micromanaged or distrustful if they are not informed about what is being monitored and why. 

AI in performance evaluations

AI-powered performance review systems analyze a variety of metrics, such as project completion rates, peer feedback and communication patterns. However, AI is not infallible and may misinterpret context, overemphasize quantifiable metrics or fail to capture collaborative contributions. 

Risk of discrimination and bias

Biased algorithms can disproportionately impact certain groups based on protected characteristics. Employers should:
  • Use diverse training data to mitigate these risks
  • Involve interdisciplinary teams in system development
  • Conduct regular bias audits 
Involving employees in conversations about AI implementation can also promote transparency and trust. AI is reshaping the modern workplace in powerful ways, offering tools to enhance hiring, monitoring and performance management. However, its use must be guided by ethical principles, personalized legal support and human supervision. By adopting transparent practices and addressing bias, employers and employees can harness the benefits of AI while helping ensure fairness and accountability in the workplace.]]> On Behalf of Hardin Thompson PC <![CDATA[How non-compete agreements can help to protect trade secrets]]> https://www.hardinlawpc.com/?p=51837 2025-04-05T21:00:28Z 2025-04-05T21:00:28Z How non-compete agreements can help Employment contracts that include non-compete agreements can protect employers and their trade secrets by preventing workers from immediately leaving to monetize those trade secrets. Typically, restrictive covenants have to include terms that limit their applicability. They may remain in effect for several years and within a specific geographic area. Provided that the agreement includes appropriate restrictions and that the contract itself is valid, employers can hold former employees accountable for unfairly competing with the company. Non-compete agreements prevent employees from taking jobs with direct local competitors. They also prevent them from opening their own companies in the same economic niche. Until the non-compete agreement eventually expires, the employee must look for alternate means of supporting themselves rather than the industry in which they were previously employed. Employees subject to non-compete agreements cannot use a company's customer list or other trade secrets for personal enrichment. If they disclose non-public information to a competitor or use the information to start a business that competes with a former employer, then the former employer can take legal action. Typically, non-compete agreements have penalty clauses integrated into them that impose financial consequences for violation of the contract. If an employer can show that a former employee violated their non-compete agreement, they can ask the courts to enforce the penalty clause. They may also be able to request economic damages in addition to the contractual penalties. A judge can also issue an injunction that can prevent future infringement. Adding non-compete agreements to employment contracts and negotiating terms for them when promoting a current staff can help companies protect their trade secrets. Organizations with robust contracts have less exposure and more options when faced with the misuse or disclosure of trade secrets.]]> On Behalf of Hardin Thompson PC <![CDATA[Construction wage and hour laws: A guide to avoiding costly mistakes]]> https://www.hardinlawpc.com/?p=51755 2025-03-04T22:39:08Z 2025-03-04T22:39:08Z Understanding the Fair Labor Standards Act (FLSA) The FLSA establishes the guidelines for minimum wage, overtime pay, and recordkeeping in construction. If your business makes $500,000 or more annually or engages in interstate commerce, you must comply with the FLSA. This means paying at least the federal minimum wage and overtime for hours over 40 in a workweek. Consider consulting with an employment lawyer to review your practices. They can help you create compliant policies, conduct audits, and address your company's issues. Legal advice costs often far less than potential fines or lawsuits.

Common pitfalls and how to avoid them

Accurate time tracking

One of the biggest mistakes is failing to record all hours worked. Ensure you track time spent working before or after shifts, including travel time from the shop to work sites. Use reliable timekeeping systems to capture all work hours accurately.

Proper overtime calculation

Pay overtime for any hours worked over 40 in a workweek. Don't use "comp time" or "bank" overtime hours. If an employee works in multiple job classifications for you, combine all hours for overtime calculations. Remember, each workweek stands alone for overtime purposes.

Employee classification

Classify your workers correctly as either employees or independent contractors. Misclassification can lead to serious legal issues. Consider factors like control over work, financial investment, and the nature of the relationship when making this determination.

Meal breaks

If you provide meal breaks, ensure employees are completely relieved of duties. If they're not, you must pay them for that time. Short breaks (5-20 minutes) are considered compensable work time.

Compliance guidance

Keep accurate employee information records, hours worked, and wages paid to stay compliant. Establish a clear workweek (any fixed 7-day period) for overtime calculations. Be aware of special rules for federally funded projects, which may require prevailing wage rates. And seek legal advice if you have doubts about FLSA laws.]]>