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Join our Labor & Employment Group and the Firm’s newest partner, Honorable Gene D. Cohen (Ret.), for a fast-paced seminar on cutting edge labor and employment law issues impacting your business. Far from an academic discussion, attendees will get real world, practical guidance from our experienced litigators and a former Philadelphia Common Pleas Judge.

Topics included in this half-day seminar are: 

Labor and Employment Developments from 2012, and an Analysis of What to Expect with Four More Years of the Obama Administration

In this fast-paced session, our panel of experienced Cohen Seglias labor attorneys will discuss the most recent labor and employment law developments, including leading court decisions, key legislative developments, and recent Labor Board initiatives affecting union and non-union employees.

A Judge’s Perspective: Enforcing Non-Competition Agreements

While serving as a Court of Common Pleas Judge from 1988 to 2005, Judge Gene D. Cohen (Ret.) regularly presided over cases involving non-competition agreements, trade secrets, and unfair competition. This session offers attendees a unique opportunity as Judge Cohen will share his candid thoughts on drafting and litigating non-competition agreements, and protecting your company from disloyal employees.

Managing Employee Attendance: the Interplay Among the Family and Medical Leave Act, Americans with Disabilities Act, and Workers’ Compensation

In today’s challenging economy, maximizing employee productivity – and improving employee attendance rates – is more important than ever. In this session, our panel will provide step-by-step practical advice, in plain English, so that you can get your employees either back to work or off your payroll as quickly as possible, without finding yourself in court.

Fire at Will: Ten Common Mistakes Employers Make During the Termination Process

The overwhelming majority of employment-related litigation stems from terminations. In this session, our panel of labor attorneys will review the top ten mistakes employers make when firing employees. Far from an academic lecture, we will place a high premium on nuts-and-bolts advice so that you can learn from the mistakes of others and push the odds in your favor.

Dates & Locations

March 5, 2013
The Union League
140 South Broad Street
Philadelphia, PA 19102

March 13, 2013
The Duquesne Club
325 6th Avenue
Pittsburgh, PA 15222

March 20, 2013
The Hilton Harrisburg
1 North 2nd Street
Harrisburg, PA 17101

This program has been approved for 3 CLE and CPE credits.

For more information or to register, please visit the Cohen Seglias website.

By Mark J. Leavy and Marc Furman

On July 5, 2012, Pennsylvania Governor Tom Corbett signed into law the Public Works Employment Verification Act. The law will take effect January 1, 2013.

The law requires contractors and subcontractors on “public work” construction projects, i.e., those subject to the prevailing wage rate laws, to use the federal government’s E-Verify website to confirm that their employees are authorized to work in the United States. This law adds yet another level of administrative compliance for contractors performing public work.

The penalty for failure to utilize the E-Verify system as required under the law is severe. A contractor or subcontractor can be debarred for between 30 days to 3 years depending upon whether the offense is found to be “willful” and if there is a prior history of offenses.

The Pennsylvania Department of General Services shall enforce this law, and is charged with investigating “any credible complaint” of a violation of this law. The Department of General Services is also empowered to conduct random audits to ensure compliance with the law.

Mark J. Leavy is an Associate with Cohen Seglias Pallas Greenhall & Furman PC and a member of the Labor & Employment Practice Group. He can be reached at 215.564.1700 or mleavy@cohenseglias.com.

Marc Furman is the Chair of the Labor & Employment Practice Group at Cohen Seglias Pallas Greenhall & Furman PC. He can be reached at 215.564.1700 or mfurman@cohenseglias.com.

Please join us for the 4th Annual Labor & Employment Law Seminar, scheduled for March 13th in Philadelphia, March 27th in Harrisburg and April 11th in Pittsburgh.

This year’s topics will include:

Cutting-Edge Developments in Labor & Employment Law

In this fast-paced session, we will review recent developments in several areas of the law, including the most common ways employees are challenging their terminations; increased legal protection for employee social media activities; recent case law on drafting employment-related arbitration agreements; the latest on the NLRB’s “quickie” elections rule; and New Jersey’s recently enacted trade secrets statute.

Creating a “Bullet Proof” Employee Handbook

In order to minimize your exposure to employee lawsuits and comply with an ever-increasing maze of federal and state laws and regulations, employers need to make sure that their employee handbook is comprehensive and up-to-date. In this session, we’ll review the key ingredients to include in your handbook. We will also discuss those topics where “less in more” and employers should exercise restraint to avoid compliance issues.

Wage & Hour Law: A Primer on the Fair Labor Standards Act

The Fair Labor Standards Act is the federal wage and hour law which governs the payment of minimum wages and overtime. Even though this law has been around since the New Deal, many employers are still struggling with thorny issues such as classifying employees as “exempt” or “non-exempt”, and calculating overtime in light of bonuses, rest periods, telecommuting, and on-call time. Consequently, there has been an explosion of wage and hour litigation in federal and state courts – particularly with costly class action lawsuits. In this nuts-and-bolts session, we will review the law in plain English so that you can avoid getting caught in the jaws of a nasty lawsuit or Department of Labor audit.

Hot Issues In Discrimination Law

With a heavy emphasis on addressing day-to-day real life situations, we will review the hottest issues in discrimination law, including: what is your obligation to provide a religious accommodation for body art and Muslim religious practices; when will your company be liable for the discriminatory acts of a rogue supervisor; how can you improve employee attendance without violating the FMLA and ADA; best practices to avoid retaliation claims; and what is GINA and why should you care.

For additional information, or to register, please see the event invitation.

By: Melissa C. Angeline

On November 7, 2011, the New Jersey Department of Labor and Workforce Development (DOL) released a new 6-page workplace notice for all New Jersey employers. The Employer Obligation to Maintain and Report Records Regarding Wages, Benefits, Taxes and Other Contributions and Assessments Pursuant to State Wage, Benefit and Tax Laws, contains a detailed description of employer recordkeeping requirements under state employment laws and provides contact information for employees or their representatives to report potential violations.

Importantly, the notice went into effect immediately for all new hires. The DOL requires that anyone hired on or after November 7, 2011 receive a copy of the notice “at the time of hire.” Thus, New Jersey employers should distribute copies of the notice to anyone hired on or after November 7, 2011.

As for existing employees, the DOL has established a December 7, 2011 deadline for distributing copies of the notice, either in hard copy or by e-mail, and for posting the notice. Employers must post the notice in hard copy at a conspicuous location in the workplace, and must post the notice electronically on any intranet or internet systems to which all employees have exclusive access.

Employers that typically buy pre-packaged posters covering various federal and state employment laws should contact their vendor immediately to obtain posters updated as of November 7, 2011. In the meantime, employers can download the 6-page notice from the DOL’s internet site and post it alongside their other mandatory notices.

Melissa C. Angeline is senior counsel in the Labor & Employment Group of Cohen Seglias Pallas Greenhall & Furman PC. She concentrates her practice on representing and counseling employers in all aspects of employment law.

The National Labor Relations Board has published its new poster, titled “Employee Rights Under the National Labor Relations Act.” As previously reported on our blog, the Board recently adopted a new rule requiring private employers to post a notice informing employees of their rights under the National Labor Relations Act (“NLRA”). The poster is available for downloading on the Board’s website, and in hard copy from the Board’s regional offices.

The poster informs employees of their right to act together to improve wages and working conditions; to form, join and assist in a union; to bargain collectively with their employer; and to refrain from these activities. The Board also has added a question and answer section to its website, noting that “[s]imilar postings of workplace rights are required under other federal workplace laws.”

This new posting requirement has generated substantial controversy among private-sector employers and business associations. The U.S. Chamber of Commerce has launched a radio ad campaign titled “Common Sense,” and has also sued the Board in an effort to block the posting requirement. The U.S. Chamber of Commerce has argued in its lawsuit that the Board’s rule is unlawful and exceeds the Board’s authority. Among other things, they argue that the posting requirement and creation of a new unfair labor practice for employers violating the rule, exceed the Board’s authority. Other organizations, including the National Manufacturing Association and the National Federation of Independent Business, have brought similar suits against the Board.

As of this date, the courts have not taken any action to delay or reverse the Board’s posting requirement. Unless informed otherwise, employers should be ready to post the notice when it becomes effective on November 14, 2011.

Melissa C. Angeline is senior counsel in the Labor & Employment Group of Cohen Seglias Pallas Greenhall & Furman PC. She concentrates her practice on representing and counseling employers in all aspects of employment law.

By: Melissa C. Angeline

Philadelphia has become the first major city to bar private employers from inquiring about an applicant’s criminal background. The “Ban the Box” law, otherwise known as the Fair Criminal Record Screening Standards Act, took effect on July 12, 2011. The law has three major requirements, and covers most private employers with 10 or more employees.

1. Employers are barred from asking questions on employment applications about arrests that are not pending and did not lead to a conviction.

2. Employers cannot seek information about an applicant’s criminal convictions during the application process, such as when a job applicant asks about a job opening to when an employment application is accepted or on the application itself.

3. Employers cannot ask an applicant about any criminal conviction before or during a first interview. However, employers may ask about criminal convictions during a second interview of the applicant (if any) or as part of a conditional post-offer criminal history check.

In practical terms, this law means that employers using the same employment application in multiple locations should “black out” or remove questions about criminal history for jobs requiring work in Philadelphia. Employers also need to instruct anyone who interviews or hires employees not to ask about criminal convictions until a second interview or as part of a post-conditional offer criminal history check. Likewise, office workers that speak to callers or visitors asking about possible work, should not ask any questions about criminal backgrounds. Employers are subject to fines of $2,000 for each violation of the Act.

For employers outside Philadelphia, similar laws may be coming soon. Philadelphia’s law has been cited as a “model” by some city and county officials as far away as North Carolina. In addition, it is a hot issue for the Equal Employment Opportunity Commission, which held a public meeting on July 26, 2011 to discuss the use of arrest and conviction records in the hiring process.

Melissa C. Angeline is senior counsel in the Labor & Employment Group of Cohen Seglias Pallas Greenhall & Furman PC. She concentrates her practice on representing and counseling employers in all aspects of employment law.

The “Job Applicant Fairness Act,” (the Act) signed into law on April 12, 2011, prohibits most Maryland employers from using credit reports and credit histories as a means of determining hiring and retention. Generally, employers are prohibited from using an applicant’s or employee’s credit report or credit history for the purpose of denying employment, discharging an employee, or determining compensation or other terms, conditions or privileges of employment.

Importantly, the Act does not affect employers that do not obtain credit information on employees and applicants. Employers may continue to conduct background checks, criminal record checks and obtain consumer reports that do not include credit information, subject to the requirements of the Fair Credit Reporting Act and other laws.

The Act exempts several positions where the use of credit information has been deemed “substantially job-related.” Specifically, the Act exempts the following positions:

• Managerial positions involving direction or control of part or all of the business;
• Positions provided expense accounts or corporate credit or debit cards;
• Positions involving access to personal information of employees, customers or the employer;
• Positions involving access to the employer’s protected trade secrets and intellectual property, or confidential business information; or
• Positions involving money-handling (authority to issue payments, collect debts, transfer money, or enter into contracts).

Also, certain categories of employers are exempt from these restrictions. Financial institutions and affiliates, investment advisors registered with the U.S. Securities & Exchange Commission, and employers legally required to obtain credit checks or histories for employment purposes, are not subject to the above restrictions.

Maryland employers must conform their employment policies to these requirements, which are effective as of October 1, 2011. Employees have no private cause of action for violations of the Act, but may file complaints with the Commissioner of Labor & Industry. Employers may be subject to monetary fines for violating the Act.

For questions regarding compliance of the Act, please contact Melissa Angeline.

Each spring, Cohen Seglias Pallas Greenhall & Furman, PC provides employers with an annual review of the prior year and an update on various labor and employment law topics. Please join our labor and employment attorneys for a half-day briefing on developments in case law, statutes and regulatory trends that could have an impact on your business.

The 3rd Annual Labor & Employment Law Seminar, scheduled for March 24, 2011 in Philadelphia and March 30, 2011 in Pittsburgh, will address the following topics:

Case Law and Legislative Update

Discussion and analysis of significant trends and developments in 2010 in labor and employment law, with particular emphasis on how cases decided in the past year affect your business from a practical perspective.

Social Media in the Workplace

The growth of social networking sites such as Facebook, LinkedIn and Twitter, has exploded in recent years. However, employers have been slow to adopt policies for appropriate use of these web sites; thereby exposing themselves to risks such as harassment, dissemination of trade secrets and lost productivity. A recent case decided by the Labor Board, in which a woman was terminated after posting critical remarks regarding her supervisor on Facebook, may serve as a template for future legal opinions, as it is one of the first cases in this evolving area. Learn the do's and don'ts of social networking and how to implement best practices to help minimize your risk.

Protecting Your Business Against Unfair Competition

How can you protect your business when a trusted employee suddenly quits and joins forces with your direct competitor? In this session, we will discuss the nuts and bolts of trade secret law and non-compete agreements, how to be proactive and what can be done after you discover employee disloyalty.

What Every Employer Needs to Know About Traditional Labor Law

With the Labor Board now up to its full complement of members, insight will be provided on recent developments, cases and trends. We will discuss topics such as "protected and concerted activities" and "employee suggestion committees" which affect every union and non-union employer.

For additional information and to register, please click here.

In a recent survey of 441 human resource professionals, the Family and Medical Leave Act of 1993 (FMLA)  was overwhelmingly identified as the single most problematic federal employment law. The FMLA, which covers employers with at least 50 employees, allows eligible employees to take temporary leaves of absence for certain family and medical reasons. Employers have long struggled with administering the FMLA, and expressed frustration about the FMLA’s pro-employee framework and potential for abuse. To help combat these problems, below is a list of commonly asked questions about the basic FMLA requirements for employers and employees, along with some answers.

Is your company covered by the FMLA?

In general, the FMLA covers all private employers with at least 50 employees within a 75-mile radius, during 20 or more workweeks of either the current or prior calendar year. If those two requirements are met, your company is covered by the FMLA.

Who is eligible to take FMLA leave?

Employees of a covered employer must have worked at least 1,250 hours during the 12 months immediately preceding the first date of their FMLA leave. Also, the stated reason for the leave must be covered by the FMLA.

What types of leave are covered by the FMLA?

In general, the FMLA allows eligible employees to take up to 12 weeks of leave in a 12-month period for the birth of a child (or placement for adoption or foster care), to care for the employee’s own serious health condition, and to care for an immediate family member’s serious health condition. The FMLA also provides up to 12 weeks of leave for issues relating to care of covered military members, and up to 26 weeks of leave in a 12-month period to care for various personal and family issues arising for certain “military exigencies.”

Does your company have a written FMLA policy?

All employers covered by the FMLA are required to have a written FMLA policy. The policy informs employees of their rights and obligations under the FMLA. The written policy serves as a quick reference guide for the person administering your FMLA policy.

Do you have employees in New Jersey?

New Jersey is among a handful of states with family or medical leave laws governing private employers. If your company has at least one (1) employee in New Jersey, that employee may be eligible for certain types of family leave provided by New Jersey’s Family Leave Act (NJFLA) – even if all of your other employees work in Pennsylvania or Delaware for example. Compared to the FMLA, the NJFLA has fewer requirements to qualify for leave, and provides different types of leave. In rare instances, an employee may be able to “stack” leave under both laws and take up to 24 weeks of leave in a 12-month period.

Is your FMLA policy posted and included in your handbook?

Your FMLA policy must be posted in a “conspicuous” location in your workplace, i.e., the employee lunchroom or other location where mandatory employer posters have been posted. If your company has an employee handbook, the FMLA policy also must be included in the handbook. Also, companies that have employees in New Jersey must have separate policies that encompass both the FMLA and NJFLA.

Does your policy incorporate recent amendments to the FMLA?

In 2008, the FMLA was amended to include leave for issues relating to care of covered military members and leave to handle various personal and family issues arising from qualifying “military exigencies.” These amendments must be included in your policy, and distributed to all new and existing employees.

Who is administering your FMLA policy?

Employers should not rely on supervisors to administer the FMLA policy. Rather, a human resource manager or other management-level employee must be given responsibility for administering and enforcing the FMLA policy. Their duties will include satisfying record-keeping requirements, making decisions about leave eligibility, ensuring that medical and personal information is kept strictly confidential, and communicating with employees about FMLA requests and other issues. Your administrator also should look for signs of FMLA abuse or fraud, and seek assistance when questions or disputes arise.

Even though the above questions and answers cover the most basic FMLA requirements, it is these basic requirements that employers most frequently violate.

September 30, 2010 is the deadline to file the Employer Information Report, otherwise known as an EEO-1, with the Equal Opportunity Employment Commission (EEOC).

Do you know if you are required to file? If so, have you gathered all the information you need? If you do not know what the EEO-1 is, or it has slipped your mind, there is not much time left to handle this important administrative chore.

Who Must File?

An EEO-1 must be completed by every business that employs 100 or more employees. Keep in mind that federal contractors with contracts of $50,000 or more must complete an EEO-1 if they employ 50 or more employees.

What Information is Required?

An EEO-1 essentially requires you to provide the ethnicity and gender of your employees by their job position and category, along with other information about your company. General instructions, as well as answers to frequently asked questions about the process can be found here.

Compliance Tips

The preferred method for filing the EEO-1 is by completing and submitting it entirely online. The EEOC's website provides some helpful compliance information.

Penalties

If you have questions regarding the EE0-1, reach out to your attorney for help before it is too late to file. Penalties for failure to file an EEO-1 can include a court order requiring future filing. For federal contractors, the stakes can be higher: record keeping violations up to and including debarment may result.

Please contact Marc Furman or Jonathan Landesman of the Labor & Employment Group at Cohen Seglias if you need assistance complying with the EEOC's reporting requirements.