Many employers are beginning to introduce technologies that enhance workplace security and employee monitoring. For example, employers may require employees to clock in and out using fingerprints to streamline timekeeping procedures, use facial recognition or retina scans for entry into certain buildings, or review facial geometry from dash-cam video recordings to ensure safe driving practices.
McNees Wallace & Nurick LLC Blogs
Latest from McNees Wallace & Nurick LLC
DOL Seeks to Resurrect Independent Contractor Rule from Late Trump 1.0
By Austin Wolfe
On February 26, 2026, the Department of Labor, Wage and Hour Division issued a “Notice of Proposed Rulemaking,” revealing its intention to revoke the Biden-era definition of “independent contractor” and reinstate a 2021 rule, with a few modifications.The Proposed Rule would modify the current standard used for identifying which workers are covered as “employees” (or,…
Conducting Criminal Background Checks? What the Phath Decision Means for Employers
Employers often run background checks as a regular part of the hiring process to evaluate candidates. However, in Pennsylvania, employers must consider their legal obligations under the Criminal History Record Information Act (“CHRIA”) when using an applicant’s criminal history in its hiring decisions. A recent court decision, Phath v. Central Transport LLC, made it clear…
Act 55 Takes Effect: An “Express Lane” for UC Claimants Affected by Domestic Violence
In case you missed it, at the end of 2025, Governor Shapiro signed House Bill 274 into law. This new legislation—now Act 55 of 2025—is a significant update to Pennsylvania’s Unemployment Compensation Law (“Law”). Among other things, Act 55 expands unemployment compensation benefit eligibility for claimants affected by domestic violence.Specifically, Act 55 adds a…
Let’s keep your holiday parties merry, bright, and stress-free
With 2025 winding down and the holiday season upon us, many organizations are planning to celebrate another year in the books, boost employee morale, and foster workplace camaraderie. While holiday parties may feel like a break from work, it’s important to remember that company policies, including those against harassment and discrimination, still apply during these…
What Philadelphia Employers Need to Know about the Amendments to the City’s Ban the Box Ordinance
Philadelphia’s Fair Criminal Record Screening Standards ordinance (also known as the “fair chance” or “ban the box” ordinance), which applies to most private employers and agencies in the City of Philadelphia, was recently amended to make it more difficult for employers to consider criminal history in employment decisions. The amendments to the ordinance will take…
Pennsylvania Passes the CROWN Act—Amending the Definition of Race in the Pennsylvania Human Relations Act
On Wednesday, November 19, 2025, the Pennsylvania Legislature passed the CROWN Act by an overwhelming majority. The Act has been sent to Governor Shapiro and he is expected to sign it before Thanksgiving.The CROWN Act, which amends the definition of “race” and “religious creed” in the Pennsylvania Human Relations Act (PHRA), prohibits discrimination based on…
Decision Deepens Circuit Split Regarding NLRB’s Expanded Remedies
Under the Biden Administration, the National Labor Relations Board (“NLRB”) was aggressive in expanding remedies available to those allegedly impacted by unfair labor practice charges. On October 31, 2025, the Fifth Circuit Court of Appeals held that certain damages ordered by the NLRB exceeded the scope of the NLRB’s statutory authority. The NLRB had ordered an…
Political Speech Collides with Company Policy: The 8th Circuit Sides with Home Depot in Prohibiting BLM Insignia
The US Court of Appeals for the Eighth Circuit vacated and remanded a 2024 National Labor Relations Board (NLRB) ruling that found Home Depot violated the National Labor Relations Act (NLRA) by prohibiting an employee from wearing a “Black Lives Matter” (BLM) insignia on his apron during working hours.On February 21, 2024, the NLRB ruled…
Social Media Conduct: Employer Guidelines for Workplace Postings
By Lisa Miller
Online interactions often have a more adversarial and less courteous tone than traditional, in-person discussions. In certain instances, an employee’s conduct on social media may escalate beyond mere disagreement and enter the realm of aggressive or hostile behavior.
It’s no surprise that people are more frequently taking to social media to express their viewpoints on…