Can a Pennsylvania Employer Refuse to Hire an Employee Based on the Results of a Background Check?

By: Michelle Patrick, Esq. Employers are increasingly using criminal background checks as another tool in deciding whether to hire employment applicants. This can be a problem for an employee with a criminal background regardless of the nature of the crime or how much time has elapsed since it was committed. In Pennsylvania, employers must abide by the Criminal History Record Information Act (CHRIA) in deciding whether to hire an applicant based on their criminal background. Employers are permitted to require a criminal background check but Continue reading →

2016 Revisions to the Fair Labor Standards Act

What Nonprofits Need to Know Ezold Law Firm answers the 11 key questions you’ve been asking about how new federal regulations expanding overtime benefits will impact nonprofits.* To view our fact sheet, click here. For more information, call Philadelphia employment lawyers at Ezold Law at 610-660-5585 or contact us online. *As referenced by The Nonprofit Center at LaSalle University’s School of Business  

Pennsylvania Protections for LGBT Employees

By: Michelle Patrick, Esq. Protection for Employees in Pennsylvania Who Are Discriminated Against Based on Sexual Orientation, Gender Expression and Gender Identity On April 7, 2016, Pennsylvania Governor Tom Wolf signed two Executive Orders in an attempt to further combat discrimination in Pennsylvania. The Executive Orders prohibit discrimination in employment based on sexual orientation, gender expression and gender identity. Executive Order 2016-04 prohibits State agencies under Governor Wolf’s authority from discriminating against state employees based on sexual orientation, gender expression and/or gender identity. Executive Order Continue reading →

Minimum Wage Changes in Pennsylvania: Are They Enough?

By: Michelle Patrick, Esq. In what can been seen as a victory for some Pennsylvania employees, Governor Tom Wolf recently signed an executive order setting the minimum wage for state government employees at $10.15 per hour. With the current minimum wage at $7.25 per hour, this is an almost $3 per hour raise. The Governor’s order applies to employees who work for the Commonwealth of Pennsylvania and employees who perform services or construction for the Commonwealth. The Order will take effect on or after July Continue reading →

Philadelphia Employment Lawyers: Paid Sick Time

On August 3, 2015, the Pittsburgh City Council amended the city’s code to add the “Paid Sick Days Act.” The Act, which will become effective on January 11, 2016, is expected to benefit more than 49,000 employees. The Act requires employers with 15 or more employees to provide its employees with 1 hour of paid sick leave for every 35 hours worked, up to a maximum of 40 hours, of paid sick leave per year. For employers with less than 15 employees, the Act requires Continue reading →

Philadelphia Health Care Lawyers: New Home Care Overtime Rules Start Next Week

by Melanie Bork Graham, Esq.and Christopher Ezold, Esq. The US Department of Labor (DOL)’s Fair Labor Standards Act (FLSA) regulations extending overtime to home care workers will take effect on October 13. While DOL first issued the new regulations in 2013, industry groups challenged the new regulations in federal court.  The regulations were upheld on appeal. The Home Care Association of America and the national Association for Home Care and Hospice then filed an emergency petition to the US Supreme Court to delay the regulations Continue reading →

Philadelphia Health Care Lawyers: State and Federal Pull Away from Fee-For-Service

by Melanie Bork Graham, Esq. Health policy wonks and the quality movement have long championed the shift away from fee-for-service to payment models that ‘align incentives with outcomes.’  But alternative payment models are based on predictions rather than services rendered, and can have significant ramifications for the sustainability of any practice. Common alternative payment structures include: 1) bundled payments, where one payment covers multiple services for an episode of care (common in obstetrics); 2) capitation, such as a global payment per patient per month regardless Continue reading →

Philadelphia Employment Lawyers Discuss Marriage Equality and Employee Benefits

In June 2015, the United States Supreme Court legalized same-sex marriages across the country. Members of the LGBT community, however, still face many legal battles regarding how this ruling will be implemented in individual states. One of the biggest questions that still needs to be answered is how the ruling will affect the benefits packages an employer provides to its employees. Impact on Employee Benefit Packages The Supreme Court decision will impact employees’ benefits packages in several ways.  First, if prior to the Supreme Court’s Continue reading →

Philadelphia Health Care Lawyers: Latest Supreme Court Ruling on the Affordable Care Act

In June, 2015, the United States Supreme Court decided to uphold the Affordable Care Act (ACA) tax subsidies for both state and federal health exchanges. Six justices were in favor of the decision. The Court’s ruling should ensure the survival of the ACA until after the 2016 presidential election. The Affordable Care Act Survives Another Supreme Court Ruling The case called into question whether customers of the federal marketplaces in 34 states were eligible to receive federally funded subsidies to help pay for their insurance Continue reading →

Philadelphia Business Lawyers: No Cyber Liability Coverage for Knowing Refusal to Release Data

by: Melanie Bork Graham, CIPP/US Last month, one of the first courts to address coverage under a cyber liability policy held that allegations of refusal to release data to a customer did not trigger a duty to defend the insured for technology errors and omissions liability. In Travelers Property and Casualty Company of America v. Federal Recovery Services et al., Travelers filed a declaratory judgment action to determine its obligation to defend its insured Federal Recovery Services, Inc.  Federal Recovery was in the business of Continue reading →