Tag Archives: Pennsylvania

New Pennsylvania Legislation Allows Payment of Wages by Payroll Debit Cards

Employers in Pennsylvania will be able to pay employee wages using payroll debit cards under an amendment to the banking code signed by Governor Tom Wolf on November 4, 2016. The new legislation goes into effect 180 days following the signing, on May 4, 2017. An alternative to payment of wages by direct deposits or … Continue Reading

Trenton Sick Leave Law Withstands Judicial Challenge; Philadelphia Sick Leave Law May Become Preempted

Trenton, New Jersey, like numerous other municipalities (especially in New Jersey), recently enacted its own paid sick leave law. As with Seattle’s recent minimum wage rulemaking, a coalition of New Jersey business groups challenged the city’s authority to do so, urging that the ordinance exceeded the city’s police powers and offended constitutional protections. New Jersey … Continue Reading

Pennsylvania Judge Rejects Contract Claim for Meal Period Pay

Hospitals and other medical service providers continue to face waves of wage-and-hour claims concerning meal break practices, with non-exempt care providers alleging that they were unable to take unpaid meal periods, or that those meal periods were otherwise compensable.  A new decision from Judge Jeffrey L. Schmehl of the Eastern District of Pennsylvania rejects a … Continue Reading

Following Seventh Circuit’s Lead, Pennsylvania Court Holds Insurance Claims Examiner To Be Exempt Administrative Employee

Though courts have generally disfavored such claims, from time to time insurance adjusters and examiners allege that the FLSA’s administrative exemption does not apply to their work because their work either: 1) does not relate to business operations of their employer; or 2) does not require the exercise of discretion and independent judgment.  Rejecting such … Continue Reading

Pennsylvania Federal Court Finds Classification of Couriers as Employees or Independent Contractor To Be Question of Fact

In a short order following oral argument, Judge Juan R. Sanchez of the Eastern District of Pennsylvania denied an FLSA defendant’s motion for summary judgment seeking a ruling that it properly classified its delivery couriers as independent contractors under the FLSA.  Spellman, et al. v. American Eagle Express, Inc., E.D. Pa., No. 10-cv-1764. In so ruling without … Continue Reading

Pennsylvania State Court Reiterates: 8/80 Rule for Hospitals Only Available Since Amendment To Minimum Wage Act

As discussed here, Pennsylvania’s legislature recently amended its state wage payment law to conform to the FLSA’s so called “8/80” rule for hospitals and other healthcare entities, which permits payment of an overtime premium on a bi-weekly or 80-hour basis provided that such premium is also paid for hours worked in excess of eight in … Continue Reading

Pennsylvania Law Amended to Comport to FLSA’s 8/80 Overtime Rule For Healthcare Industry Employers

In a positive development for Pennsylvania healthcare employers, on July 5, 2012, Governor Corbett signed into state law an amendment to the Pennsylvania Minimum Wage Act (“PMWA”), allowing hospitals and other healthcare employers in Pennsylvania to utilize the “8/80” overtime rule established by the federal Fair Labor Standards Act (“FLSA”) See 29 U.S.C. § 203(j).   Under this amendment, … Continue Reading
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