New FTC Rule Voids Most Noncompete Clauses: A Paradigm Shift for Employment Contracts
On April 23, 2024, in a 3-2 vote, the U.S. Federal Trade Commission (FTC), issued a landmark new rule prohibiting most noncompete clauses in employment contracts in an attempt to improve labor mobility and competition. The rule was proposed in January 2024 and subject to a 90-day public comment period, which drew more than 26,000 […]
Navigating the New Federal Overtime Rules: A Guide for Employers
On April 23, the U.S. Department of Labor issued its widely anticipated rule updating the employee overtime exemptions under the Fair Labor Standards Act (FLSA). The new federal overtime rules marks a significant shift in how executive, administrative, and professional employees are classified. This change, effective July 1, 2024, raises the salary thresholds for exempt […]
Jake Sitman Guests on Voices of HR Podcast
Jacob M. Sitman, Shareholder and Chair of the firm’s Employment Law & Labor Relations Group, was a guest on HRMorning’s Voices of HR podcast. This weekly conversation with HR practitioners, thought leaders, and C-suite executives addresses what works and what doesn’t in human resources, people strategy, corporate culture, and more. Mr. Sitman offered his seasoned […]
Redefining the Workforce: The 2024 DOL Rule’s Impact on Independent Contractors
On January 10, 2024, the U.S. Department of Labor (“DOL”) announced the publication of its highly anticipated Final Rule regarding the test that should be applied to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). The Final Rule goes into effect on March 11, 2024.
AI for Hiring & Maintaining Employment Law Compliance
Using artificial intelligence (AI) for hiring can increase productivity and efficiency in the workplace. However, without proper implementation and maintenance, there is a risk that the use of these tools may result in an employer’s violation of federal and state anti-discrimination laws. This article discusses these risks and best practices to remain in compliance with […]
Employment Law Team Members to Serve as Keynote Speakers
Jacob M. Sitman and Vanessa M. Ruggiero of the firm’s Employment Law & Labor Relations Group will be the keynote speakers at the 15th Annual Labor Law and Employment Law Summit of the Northeast PA Manufacturers & Employers Association (MAEA) on Thursday, September 28, 2023.
New OSHA Enforcement Program Targets Warehouses and Distribution Centers
by Jacob M. Sitman and Vanessa M. Ruggiero Last month, the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a national emphasis program aimed at preventing and reducing workplace hazards in warehouses, distribution centers, and high-risk retail establishments. This new OSHA program will inevitably result in more on-site inspections of the […]
Employment Law Case: Sexually Hostile Work Environment Claim Lacked Specifics
Despite exposure to obnoxious, unprofessional and inappropriate workplace conduct, an employee recently lost a sexually hostile work environment claim because she failed to prove enough specific instances of severe or pervasive conduct. On May 11, 2023, the United States Court of Appeals for the Third Circuit held that conduct, which many would consider inappropriate and […]
Largest Wage Verdict in DOL History
Last week, the U.S. Department of Labor reported that it won a hard-fought, long-running wage payment case against Berks County-based East Penn Manufacturing.
Biden Signs #MeToo Bill Into Law, Banning Mandatory Arbitration of Sexual Harassment Cases
by Jacob M. Sitman and Kendra L. Eden In recent years, employers have increasingly used mandatory arbitration agreements as a tool to manage the risk of various types of employment claims. Claims subject to those agreements are diverted to arbitration, rather than the courts, for resolution. Earlier this month, however, Congress passed a bill dubbed […]