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On November 22, 2016, Judge Mazzant of the United States District Court for the Eastern District of Texas granted an emergency motion for preliminary injunction which temporarily halts the implement of the Department of Labor's ("DOL's") new federal overtime rule raising salary thresholds to be exempt from overtime. Twenty-one states and fifty private parties had filed suits which were consolidated into the case of State of Nevada, et. al. v. United States Department of Labor, et. al.. The Court's grant of a preliminary injunction preserves the status quo while the court determines the DOL's authority to make its final rule as well as the final rule's validity. While the grant of the preliminary injunction is not permanent, it is certainly a bad omen for DOL's implementation of the rule. It is thought that Judge Mazzant would not have granted a preliminary injunction unless, among other things, he feels that the States have shown a substantial likelihood of succeeding on their underlying claims.

Personnel Files

Many of our clients ask whether a former employee has the right to review their personnel file. That question was recently addressed by the Commonwealth Court in Thomas Jefferson University Hospitals, Inc. v. Department of Labor and Industry, 131 A.3d 567 (Pa. Cmwlth. 2016). The Court initially recognized that the purpose of the Act is to acknowledge the right of both public and private employees to review files held by their employers that contain information about themselves. The Act provides in relevant part: "An employer shall, at reasonable times, upon request of an employee, permit that employee ... to inspect his or her own personnel files used to determine his or her own qualifications for employment, promotion, additional compensation, termination or disciplinary action." 43 P.S. § 1322. The Act defines an "[e]mployee as "[a]ny person currently employed, laid off with reemployment rights or on leave of absence. The term 'employee' shall not include applicants for employment or any other person." 43 P.S. §1321. The TJU Court was faced with a request that had come from a terminated employee seven days after she had been terminated.

LDM to Present at PHCA/CALM Annual Convention and Trade Show

PHCA's Annual Convention and Trade Show is scheduled for November 11th through the 13th in King of Prussia, PA. Our attorneys will be available throughout the conference to discuss matters and will be presenting the following sessions:

Latsha Davis & Marshall, P.C. Seeks Candidate for Employment Attorney Position with Firm

Harrisburg area law firm seeks attorney with no less than 4 years' experience to work primarily within Employment Law Practice.  Experience in employment discrimination, employee benefits or collective bargaining a plus.  Strong advocacy, writing, organizational and communication skills a must.

Client Alert - EEOC Settles First GINA Case

On May 7, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it settled the first lawsuit it filed under the Genetic Information Nondiscrimination Act (GINA). The employer agreed to pay $50,000 and furnish other relief to settle the case in which the EEOC alleged violations of GINA and the Americans with Disabilities Act (ADA). The case is a reminder that employers should be familiar with and incorporate available safe harbors into their policies and practices.

Client Alert - Court of Appeals Strikes Down NLRB Posting Requirements

On May 7, 2013, a federal appeals court in Washington, D.C. struck down the August 2011 National Labor Relations Board (NLRB) rule requiring companies to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). We have drafted a Client Alert.pdf regarding the decision.

Client Alert - DOL Releases Final Rule Implementing 2010 Amendments to the Family and Medical Leave Act

The U.S. Department of Labor released a Final Rule implementing the 2010 amendments to the Family and Medical Leave Act.  The Rule was published in the Federal Register on February 6, 2013 and becomes effective on March 8, 2013.  We have drafted a Client Alert.docx regarding the Rule.

Leadership Investment = Legal Protection (For Your Bank

Angela Thomas' article, "Leadership Investment = Legal Protection (For Your Bank)" was published in the Pennsylvania Association of Community Bankers' February edition of its monthly publication, Transactions.

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Latsha Davis & Marshall P.C.
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050

Phone: 717-620-2424
Fax: 717-620-2444
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In Maryland call:
Phone: 410-727-2810