SCOTUS Holds That Employer's Title VII Administrative Exhaustion Defense is Waived if Not Timely Raised >
June 4, 2019
The Supreme Court's recent decision in Fort Bend County, Texas v. Davis serves as a reminder to employers and their attorneys of the importance of timely asserting all available legal defenses to a discrimination complaint at the earliest possible moment or risk losing those defenses forever. The employer in Davis learned that lesson the hard way.
PA Superior Court Decision a Reminder to Preserve Evidence and Evaluate Surveillance Policies >
April 12, 2019
Companies of all industries and sizes routinely receive letters from attorneys alleging that a personal injury accident occurred on their property and that they should retain surveillance video footage of the incident and any related documents, such as incident reports and witness statements, for an impending claim. Sometimes the attorney request, typically called a "spoliation letter", contains specific instructions on what surveillance should be preserved.
Employee Nondisclosure Agreements Banned in New Jersey >
April 4, 2019
New Jersey continues to enact employment laws at a rapid pace under the Murphy Administration. The latest is a ban on employee nondisclosure agreements, which Governor Murphy signed into law on March 18, 2019. The law takes effect immediately and applies to all employment contracts and agreements entered into, modified, or amended on or after March 18, 2019, making New Jersey the third state, after New York and California, to limit nondisclosure agreements.
U.S. Department of Labor Proposes New Overtime Rule >
March 12, 2019
After much anticipation, on March 7, 2019 the U.S. Department of Labor issued its Notice of Proposed Rulemaking to update the Fair Labor Standards Act's (FLSA) salary level for the executive, administrative, professional, outside sales, and computer exempt employees from $455 to $679 per week. The DOL estimates that under the Proposed Rule, in 2020 1.1 million additional employees in the U.S. may become eligible to earn overtime compensation.
Lawsuit Seeks to Hold Facebook and Hospitality Industry Liable for Human Trafficking >
March 12, 2019
At its core, Facebook provides a platform that allows users to connect and socialize, sharing pictures and stories with friends and family and communicating with them via its popular Messenger app. However, according to a recent lawsuit, a more sinister use has been alleged; providing an unfettered and unchecked platform to sex traffickers to recruit, groom, and exploit children into the sex trade.
New Excess Compensation Tax for Exempt Organizations Creates New Burdens for Nonprofit Health Systems with Highly-Compensated Physician Leaders >
February 28, 2019
The Tax Cuts and Jobs Act added a new tax for exempt organizations in section 4960 of the Internal Revenue Code that will have implications for tax-exempt health systems, particularly with respect to their physician leaders. The entities subject to the tax include organizations that are tax-exempt under section 501(c)(3) of the Code. To the extent that its “covered employees” receive "remuneration" in excess of 1,000,000 dollars, a tax-exempt organization will pay a tax of twenty-one percent on that excess.
Post & Schell Decries “Real World Negative Consequences” of Proposed Changes to Malpractice Venue Rules in Formal Comments to Pennsylvania Supreme Court >
February 21, 2019
Post & Schell, in consultation with and on behalf of the firm's health care clients, has submitted formal comments and feedback to the Civil Procedural Rules Committee of the Pennsylvania Supreme Court on the proposed amendment to Pennsylvania Rule of Civil Procedure 1006(a.1).
New Jersey Employers Face Continued Difficulty Enforcing Employee Arbitration Agreements >
January 30, 2019
Many employers have agreements with their employees to arbitrate claims arising from the scope of employment. In New Jersey, this includes claims under the New Jersey Law Against Discrimination (LAD) and the Conscientious Employee Protection Act (CEPA). New Jersey employers, however, have been experiencing difficulty enforcing these agreements. This trend has continued into 2019, as the Appellate Division recently invalidated another arbitration agreement in Skuse v. Pfizer, Inc., finding that the computer-based agreement's language was too vague and continued employment did not constitute assent, notwithstanding the agreement's language to the contrary.
PA Supreme Court Proposes Changes to Malpractice Venue Rules >
January 14, 2019
The Civil Procedural Rules Committee of the Pennsylvania Supreme Court is proposing to eliminate one of the state's most important professional medical malpractice reforms against forum shopping - Pennsylvania Rule of Civil Procedure 1006(a.1). This rule requires medical professional liability actions against health care providers to be brought only in the county where the cause of action occurred.
Pennsylvania's Act 112 Places New Patient Notification Requirements on Diagnostic Imaging Providers >
December 18, 2018
New legislation requiring notification to patients about test results will take effect on December 23, 2018. Titled the Patient Test Result Information Act ("Act 112"), the law requires any entity that performs an outpatient diagnostic imaging service in which a significant abnormality may exist to directly notify the patient or their designee within 20 days.
Philadelphia City Council Passes “Fair Workweek” Ordinance >
December 17, 2018
On December 6, 2018, the Philadelphia City Council passed the "Fair Workweek Employment Standards Ordinance," which imposes scheduling and predictability pay requirements on certain employers in the hospitality, retail, and food service industries as of January 1, 2020. Mayor Kenney publically has supported the Ordinance and pledged to sign it into law.
New Jersey Paid Sick Leave Law Takes Effect >
November 8, 2018
On October 29, 2018, the New Jersey Earned Sick Leave Law (Sick Leave Law) took effect. New Jersey joins nine other states, including California, Massachusetts, and Vermont, with mandatory paid leave laws - no comparable federal law exists. The Sick Leave Law applies to all employers with employees in New Jersey, regardless of size.