Published: December 6, 2019

The Lackawanna Court of Common Pleas in Pennsylvania held, in a matter of first impression, that language in the state’s Medical Marijuana Act ("MMA") creates a private right of action for an employee that is terminated for off-site use of medical marijuana.  In Palmiter v.

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Published: December 4, 2019

On November  20, 2019, the Commonwealth’s highest court issued a significant decision regarding overtime compensation, which makes it illegal for employers to use the "fluctuating work week" method ("FWW") to calculate overtime.  In this significant departure from longstanding wage and hour practices and federal law, the Supreme Court of Pennsylvania outlawed the FWW method because it does not guarantee non-exempt employees at least one-and-one-half times their regular rate for working more than 40 hours per workweek, as required by state law. 

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Published: December 2, 2019

The Pennsylvania Senate passed Senate Bill 79 on November 20, 2019, which would raise the minimum wage but also halt the state Department of Labor and Industry ("DLI") from raising the salary threshold for overtime wages.

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Published: October 28, 2019

On September 24, 2019, the U.S. Department of Labor ("DOL") revised the salary threshold for the Fair Labor Standards Act ("FLSA") exemptions. The change could cause millions of Americans to be reclassified as non-exempt.

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Published: October 24, 2019

On October 8, 2019, the Department of Labor ("DOL") issued long awaited rules that could have a significant impact in the restaurant industry. The proposed rules would broaden employers' abilities pay tip credit wages for non-tipped work and to include both front and back of the house employees in certain tip pooling programs. 

Background

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Published: October 17, 2019

Employers frequently face a rash of absences and call-offs in the wake of a natural disaster. Generally, whether a business is required to pay an employee who misses work depends on whether the employee is exempt or non-exempt under the Fair Labor Standards Act ("FLSA"). If an exempt employee misses work for personal reasons, but the business remains open, the employer may deduct a full day’s salary. This includes absences due to transportation problems caused by weather. Likewise, a business is not required to pay a non-exempt employee for time not worked. If a business is closed due to a storm, the employer is obligated to pay exempt employees their normal salary, as long as the shutdown lasts less than a week.

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