Labor Law Archives

NEW PHILADELPHIA WAGE THEFT LAW TAKES EFFECT

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on Jul 6, 2016.

A new Philadelphia ordinance, effective July 1, 2016, will have a significant effect on employers who fail to pay wages to their employees for work performed in Philadelphia. Titled Wage Theft Complaints, the ordinance provides for administrative and court remedies, and penalties for “wage theft”, defined by the ordinance as any violation of the Pennsylvania Wage, Payment and Collection Law, Minimum Wage Act, or any other federal or state law regulating the payment of wages, for work performed in Philadelphia.

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UPDATE: Union Intimidation Bill Passes Pennsylvania Senate

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on Oct 22, 2015.

The Pennsylvania Senate has passed House Bill 874 by a vote of 30-18. The version agreed upon by the Senate will now go back to the Pennsylvania House for a concurrence vote and then on to Governor Wolf to sign. Because the legislation passed through the Senate in substantially the same form as it left the House, there appears little chance the legislation will be hung up again before it hits Governor Wolf’s desk.

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A Primer for Open Shop Contractor’s On Philadelphia’s New Sick Leave Law

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on Mar 9, 2015.

Open shop developers and contractors alike will soon have a new rule to contend with when they work in Philadelphia. The new ordinance mandating paid sick leave for companies with 10 or more employees will go into effect on June 13, 2015. Employees covered by a collective bargaining agreement or working as independent contractors are exempt from the new law.

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Paycheck Protection Picking up Steam in Pennsylvania Legislature

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on May 13, 2014.

New legislation aimed at eliminating the role of government in collecting union dues and PAC contributions from public sector employee’s unions is under consideration in the Pennsylvania legislature. Although the parameters of any pending legislation are not yet entirely clear, it is undeniable that discussions are under way in both the House and the Senate to consider making changes to this area of the law.

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The Construction Labor Force Is Falling Short of Industry Demand

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on Nov 4, 2013.

Since the height of the recession, the construction industry workforce has been reduced by approximately 30%. The Construction Labor Market Analyzers’ 20/20 Foresight Report now projects a shortage of nearly 2 million skilled craft workers by 2017. An aging workforce, a plummeting pipeline of new workers, and an ever rising demand for personnel are seen as the causes.

New Federal Law on H2B Wages

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on Jun 25, 2013.

An emergency interim final rule issued by the US Department of Homeland Security and the US Department of Labor in April of this year has gone into effect. Under the new application, the 2008 methodology using a 4-tier wage system in determining wages for non-agricultural H2B workers is being replaced with the average wage from the Bureau of Labor Statistics Occupational Statistic Survey. The new rule permits employers to use wages calculated under the Davis-Bacon Act, but does not require that Davis-Bacon wage scales be used unless the H2B workers are working on federal construction projects. The rule also maintains the previously existing carve out that requires signatories to union collective bargaining agreements to pay the wage rates stipulated in those collective bargaining agreements.

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The Third Circuit Joins the NLRB Discussion

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on Jun 4, 2013.

The DC Circuit Court of Appeals held in January that President Obama’s 2010 recess appointment of Craig Becker to the National Labor Relations Board was unconstitutional. In so doing, the Court concluded that valid recess appointments can only occur in intersession breaks of the Senate.

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NLRB Posting Rule Invalidated by the DC Circuit Court of Appeals

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on May 15, 2013.

The D.C. Circuit Court of Appeals recently ruled in favor of a local business, Lehigh Valley Racket and Fitness Centers, and struck down a National Labor Relations Board rule requiring the posting of union organization posters at its workplace.  The decision comes on the heels of a prior ruling by the D.C. Circuit declaring President Obama’s “recess” appointments to the National Labor Relations Board unconstitutional and marks another setback for the NLRB.

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An Apprenticeship Bill in Pennsylvania on the Schedule for 2013?

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on Jan 17, 2013.

As the legislative session in Pennsylvania gets underway in earnest, the making of laws starts anew. Among those under consideration may be several pieces of legislation that were under consideration last year but never made it to the floor for a vote. An act designed to make revisions to the apprenticeship structure in the state was one such bill.

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