The Pennsylvania Supreme Court (the “Supreme Court”) has taken the “whistleblowers be made whole” purpose of the Pennsylvania Whistleblower Law, 43 P.S. §§1421-1428, (the “PAWL”) to the next level in its March 27, 2018 decision in Bailets v. Pennsylvania Turnpike Commission, No. 126-2016, ___ A.3d ____, 2018 WL 1516785 (Pa. 2018).
The national and international spotlight on pay equity is getting brighter by the day. By way of illustration, this post explores two laws that took effect on January 1, 2018, one in California and one in Iceland, and a wage equity ordinance in Philadelphia that is currently being challenged on constitutional grounds. These are just examples of the much larger trend at the local and state level in the United States, as demonstrated by the Fisher Phillips Pay Equity Map. This trend can be seen around the world as more countries introduce some form of pay equity measures. Overall, the major question that all companies should be thinking about is: does the salary reflect the job position, not the person who is filling the position?
Employers commonly find themselves answering the following question: What right does a former employee have to access his or her personnel file? Often, after an employer terminates an employee, that employee and/or the employee’s attorney demands access to the employee’s personnel file. Up until a recent decision out of the Supreme Court of Pennsylvania on this issue, employers found themselves in a precarious position of whether they granted the former employee’s request. The Thomas Jefferson University Hospitals, Inc. v. Pennsylvania Department of Labor and Industry case now equips employers with the clear right to say no to the former employee’s request. 162 A.3d 384 (Pa. 2017).
With the recent buzz about President Donald Trump’s removal of federal protections for transgender students that were implemented under the Obama Administration, the states and school systems have been left to determine if and how to implement protections for transgender students.
There have been many recent, important developments in the area of paid sick leave in Pennsylvania. Recently, the Commonwealth Court of Pennsylvania (the “Appeals Court”) affirmed the Court of Common Pleas of Allegheny County’s (the “Trial Court”) ruling invalidating the Pittsburgh Paid Sick Days Act (“PSDA”).
On July 9, 2012, David Moore filed a Charge with the United States Equal Employment Opportunity Commission (“EEOC”) (Charge No. 530-2012-02470) alleging that the City of Philadelphia failed to reassign him to a new job as a reasonable accommodation when a heart condition left him unable to perform his current job. Instead, the City of Philadelphia terminated his employment.
Pennsylvania recently weighed in on the increasing and developing wage violation litigation, albeit from a procedural perspective, involving Uber Technologies, Inc. (“Uber”). On July 21, 2016, United States District Court Judge Michael M. Baylson of the Eastern District of Pennsylvania denied Uber’s request to compel arbitration, and Uber’s separate request to stay the pending court action.
The Lilly Ledbetter Fair Pay Act of 2009 (the “Act”) was signed into law on January 29, 2009. In short, the Act states that the 180-day statute of limitations for filing a lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action. Since the Act’s inception, there have been efforts made to address pay discrimination in the workplace. To that end, employers should be aware of the U.S. Equal Employment Opportunity Commission’s (“EEOC”) recent proposed changes to pay data reporting requirements.
On December 1, 2015, the Equal Employment Opportunity Commission ("EEOC") provided significant guidance on workplace protections for individuals with human immunodeficiency virus ("HIV"). This guidance came at the end of a year in which the EEOC resolved over 200 charges of discrimination based on claimants' status as HIV positive. The EEOC also recovered over $825,000 for job applicants and employees who are HIV positive and were allegedly denied ...