The Fifth Circuit Court of Appeals recently held that the statutory removal protections for members and administrative law judges of the National Labor Relations Board are likely unconstitutional under separation of powers principles. The Court determined that these protections deprive the President of the necessary level of control over officers of the executive branch. Based
Latest from McNees Wallace & Nurick LLC - Page 2
The Importance of Employer Confidentiality and Data Protection Policies
Nearly all employers maintain confidential or protected personal information, and many also maintain trade secrets and other confidential business information. Most of these employers also should – and typically do – enact policies to protect and limit access to such information, which their employees must follow or face discipline. Federal and state laws also exist…
What’s Next for Tax on Tips and Overtime Wages?
By Austin Wolfe
With the passage of President Trump’s signature One Big Beautiful Bill, all the chatter about eliminating tax on tips and overtime wages has become something of a reality. However, the details of how the elimination of these taxes will work, and what obligations this may impose on employers, are worth a closer look.
What do…
Pennslyvania’s Veterans’ Benefits and Services Workplace Posting Act – What Employers Need to Know
Pennsylvania House Bill 799 – which mandates new workplace posting requirements related to veterans’ benefits and services – passed on June 30, 2025, and was signed into law by Governor Shapiro on July 7, 2025. The Bill and its posting requirements will go into effect beginning January 2026. So, what does the Bill say and…
Pittsburgh Amends Paid Sick Days Act to Provide Greater Benefits for Employees
In June 2025, the Pittsburgh City Council approved an ordinance that amends the Pittsburgh Paid Sick Days Act (“PSDA”) to significantly increase the number of hours of paid sick leave employers must provide to eligible employees annually and increase the rate at which paid sick leave is accrued. The PSDA applies to most employers who…
Philadelphia Employers Face New Requirements Under the POWER Act
By Mark Hipple & Robert McAvoy
The City of Philadelphia recently enacted the Protect Our Workers, Enforce Rights Act (“POWER Act”), which imposes a variety of new requirements for most employers operating within the City limits. The POWER Act extends additional protections for workers in several areas, including paid sick leave, wage theft protections for misclassified independent contractors and immigrant workers,…
The Civil Rights Fraud Initiative: Adding “Teeth” to the Enforcement of Trump’s Executive Orders Against Illegal DEI
On May 19, 2025, U.S. Deputy Attorney General Todd Blanche issued a memorandum launching the “Civil Rights Fraud Initiative” (the “CRFI”). The CRFI outlines how individuals can pursue claims against federally funded organizations that knowingly violate federal civil rights laws through the use of the False Claims Act (“FCA”).
I. Overview of the False Claims…
Supreme Court Issues Ruling in Ames ‘Reverse Discrimination’ Case
On June 5, 2025, the Supreme Court issued its opinion in Ames v. Ohio Department of Youth Services in which the Plaintiff alleged reverse discrimination based on sexual orientation. Marlean Ames was hired in 2004 as an employee at the youth services agency, where she was promoted to an administrator position in 2014. Ames applied…
Change in Status Quo Renders Striking Employees Eligible for Unemployment Compensation Benefits
The Commonwealth Court of Pennsylvania recently held that employees on strike were entitled to unemployment compensation (“UC”) benefits for the duration of their work stoppage because their employer had taken steps not expressly authorized by the applicable (though expired) collective bargaining agreement (“CBA”) and plan documents. ATI Flat Rolled Prods. LLC v. UCBR, 332 A.3d…
Understanding the EEOC’s Guidance on DEI-Related Discrimination in the Workplace
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance document titled, “What You Should Know About DEI-Related Discrimination at Work.” The document is comprised of a series of Frequently Asked Questions (FAQs) that provide guidance on what workplace diversity, equity and inclusion (“DEI”) policies and programs may…