May 14, 2026
Northampton County, Pennsylvania has taken a significant step to promote equality and fairness by adopting a comprehensive Human Relations Ordinance. The legislation prohibits discrimination across key areas, including employment, housing, public ... Read More
May 13, 2026
The Office of Worker Protections (OWP) updated three sets of proposed regulations on April 15, 2026, to reflect changes made by the Protect Our Workers, Enforce Rights (POWER) Act (Act), which was passed on May 27, 2025. See our article here with ... Read More
May 7, 2026
On December 3, 2025, Philadelphia Mayor Cherelle Parker signed Bill No. 250849 into law, expanding existing employment protections under the Philadelphia Fair Practices Ordinance (“the PFPO”) to employees experiencing menstruation, ... Read More
May 5, 2026
On March 19, 2026, the Maine legislature enacted H.P. 1045 – L.D. 1587 (the “Act”), which significantly expands the enforcement authority of the Maine Department of Labor’s Bureau of Labor Standards and the Bureau’s ability to investigate, ... Read More
April 28, 2026
You do not need to look hard to see the trend of courts—including in Delaware—narrowing enforcement of non-competition agreements. In a decision favorable to employers, however, the Delaware Supreme Court recently established that ... Read More
April 27, 2026
To prepare American workers for the rapidly evolving AI-driven economy, the U.S. Department of Labor (DOL) launched the “Make America AI-Ready” initiative last month. This innovative program offers a free, text message-based artificial ... Read More
April 23, 2026
A mere six years after overhauling its non-competition law to implement wage thresholds and notice requirements, Washington State is once again reshaping its legal landscape for non-competition agreements. With the passage of House Bill 1155 (HB ... Read More
April 20, 2026
In a significant shift for the healthcare industry, Utah’s HB 270—Healthcare Worker Post-Employment Amendments—will take effect on May 6, 2026, altering the enforceability of non-compete agreements for healthcare professionals. This ... Read More
April 17, 2026
On the evening of April 16, 2026, The Timothy School opened its doors to showcase the incredible artistic talents of its students during the 2nd Annual Heart for Autism Art Show, in partnership with Wayne Art Center, coinciding with the School’s ... Read More
April 15, 2026
UPDATE: On April 13, 2026, Virginia Governor Abigail Spanberger signed SB 170, which prohibits an employer from enforcing a post-employment non-competition restriction against an employee who is discharged without severance, unless the employer ... Read More
April 13, 2026
February 25, 2026, the National Labor Relations Board (NLRB) issued a final rule withdrawing the 2023 joint employer regulation and reinstating the 2020 joint employer standard under the National Labor Relations Act (NLRA). This move marks a ... Read More
April 8, 2026
On July 17, 2026, significant changes to the New Jersey Family Leave Act (“NJFLA”) will take effect, following the enactment of Assembly Bill 3451 (“AB 3451”). These amendments will extend the NJFLA to more employers, lower the threshold ... Read More
April 6, 2026
On March 11, 2026, Washington State Governor Bob Ferguson signed House Bill 2303 into law, prohibiting employers from requiring, coercing, or pressuring employees and/or job applicants to have microchips implanted in their bodies as a condition of ... Read More
April 2, 2026
In a significant development for employers and employees alike, New York State has enacted amendments to its Fair Credit Reporting Act (NY FCRA), which will take effect on April 18, 2026. These amendments, signed into law by Governor Kathy Hochul ... Read More
March 31, 2026
Any AI agent will tell you that Delaware is widely considered the most corporate-friendly state in the United States. Nearly 70% of Fortune 500 companies are incorporated in Delaware. Yet, when it comes to enforcing a company’s post-employment ... Read More
March 30, 2026
As we celebrate Women’s History Month, we take this opportunity to honor trailblazing women who are shaping industries, breaking barriers, and inspiring future generations. One such remarkable leader is Sarah Burlew, the Founder and Chief ... Read More
March 27, 2026
Effective March 10, 2026, significant amendments to the Iowa Civil Rights Act (ICRA) have reshaped the legal landscape for civil rights protections in the state. These changes, enacted through Senate File 579 (SF 579), aim to create uniformity in ... Read More
March 25, 2026
Last month, the Equal Employment Opportunity Commission (EEOC) released Frequently Asked Questions (FAQs) on telework accommodations for employees with disabilities in the federal sector, emphasizing the importance of individualized assessments and ... Read More
March 24, 2026
In a significant move to enhance workplace safety and protect the rights of hotel workers, Los Angeles County has enacted the Hotel Worker Protection Ordinance (HWPO), codified as Chapter 8.21 of the Los Angeles County Code. The ordinance applies ... Read More
March 23, 2026
For Women’s History Month, we celebrate Laurie Zierer, whose transformative leadership of PA Humanities since 1995 exemplifies how women leaders build bridges, foster community, and create lasting change across Pennsylvania. Throughout its 50+ ... Read More
March 20, 2026
March is Greek American Heritage Month, and it’s the perfect time to reflect on the influence of Greek philosophy, culture, and values on the American legal system. The ancient Greek ideals of justice, governance, and ethics have left an ... Read More
March 19, 2026
On February 26, 2026, the U.S. Department of Labor (DOL) unveiled a highly anticipated proposed rule titled Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal ... Read More
March 18, 2026
As we previously advised, shortly after passing the Trapped at Work Act (Act), the New York Legislature had second thoughts and proposed amendments to the Act. Now, those proposed amendments have come to pass. Here is what employers with a ... Read More
March 16, 2026
Rubin Fortunato is celebrating Women’s History Month by highlighting the intersection of advocacy, persuasion, and community impact. During Women’s History Month, we often reflect on the trailblazing women who have shaped our communities through ... Read More
March 12, 2026
The Timothy School is doing incredible work helping students with autism build real-world skills and confidence through hands-on learning experiences. I had the privilege of witnessing their work firsthand at the grand opening of their new IKEA ... Read More
March 10, 2026
Maine is joining a growing number of states (New York, Delaware, and Connecticut) that have established parameters regarding an employer’s use of surveillance to monitor employees. LD 61 – captioned “An Act to Regulate Employer Surveillance ... Read More
March 9, 2026
This Women’s History Month, Rubin Fortunato celebrates three educators who turned compassion into action. In 2014, armed with a crayon and a piece of construction paper, three women sketched out what would become TALL (Tutoring for Adult Life ... Read More
March 4, 2026
On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its “Enforcement Guidance on Harassment in the Workplace” (Guidance) that it initially approved in 2024. The Guidance and Reasons for Recission On ... Read More
March 2, 2026
This Women’s History Month, Rubin Fortunato features Courtney Schulnick, a trailblazer who transformed personal struggle into professional healing. Courtney embodied what many consider the gold standard of legal excellence: sharp, relentless, ... Read More
February 25, 2026
In Sentry Force Security, LLC v. Barrera, the Court of Appeals of Virginia recently addressed whether an employer (Sentry Force) could enforce restrictive covenants against a former “low wage” employee (Barrera) who left Sentry Force, a private ... Read More
February 24, 2026
On January 5, 2026, the Wage and Hour Division (WHD) of the United States Department of Labor (WHD) issued four Opinion Letters addressing questions raised under the Fair Labor Standards Act (FLSA). This article addresses the fourth of those four ... Read More
February 23, 2026
On January 5, 2026, the Wage and Hour Division (WHD) of the United States Department of Labor (WHD) issued four Opinion Letters addressing questions raised under the Fair Labor Standards Act (FLSA). This article addresses the third of those four ... Read More
February 19, 2026
On September 26, 2025, Delaware Governor Matthew Meyer signed House Bill 105 into law, which is a significant step towards transparency in compensation in the workplace. With an implementation date of September 26, 2027, Delaware is now among the ... Read More
February 13, 2026
Every year on February 13, Employee Legal Awareness Day is a reminder of the importance of understanding workplace rights and responsibilities. Australian lawyer, Paul Brennan, established the day to educate employees and employers alike about ... Read More
February 11, 2026
Effective February 22, 2026, New York City’s Earned Safe and Sick Time Act (ESSTA) will undergo significant amendments. Here are the key changes: Unpaid Safe and Sick Leave: In addition to the 40 or 56 hours of paid safe or sick time required ... Read More
February 10, 2026
In case you missed it, California’s Workplace Know Your Rights Act (Act) became effective on February 1, 2026, requiring employers to provide employees with an annual written notice addressing their workplace rights under state and federal ... Read More
February 6, 2026
On February 6, 2026, Rubin Fortunato dressed in red to celebrate National Wear Red Day in support of women’s cardiovascular health. Cardiovascular disease is the leading cause of death for women. The American Heart Association’s Go Red for Women ... Read More
February 4, 2026
On January 5, 2026, the Wage and Hour Division (WHD) of the United States Department of Labor (WHD) issued four Opinion Letters addressing questions raised under the Fair Labor Standards Act (FLSA). This article addresses the second of those four ... Read More
February 3, 2026
On January 5, 2026, the Wage and Hour Division (WHD) of the United States Department of Labor (WHD) issued four Opinion Letters addressing questions raised under the Fair Labor Standards Act (FLSA). This article addresses the first of those four ... Read More
January 30, 2026
February 1 is National Change Your Password Day, an opportunity to consider cybersecurity overall both at home and at work and to make changes to keep your online identity as safe as possible. As an IT Director, I see firsthand how often security ... Read More
January 29, 2026
Beginning January 25, 2026, the Commonwealth of Pennsylvania became the 29th state to effectuate a Creating a Respectful and Open World for Natural Hair” (CROWN) Act, prohibiting discrimination based on head coverings, hairstyles, or hair ... Read More
January 28, 2026
Previously, California law granted current and former employees, or their representative, the right to inspect and receive a copy of personnel records maintained by their employer relating to the employee’s performance or relating to any grievance ... Read More
January 28, 2026
In addition to this update, we previously posted about two other changes, effective January 1, 2026. See our article here about Washington’s strengthened Domestic Violence Leave Act protections, and see our article here about changes in minimum ... Read More
January 27, 2026
In case you missed it, several laws became effective in Illinois in late 2025 or early 2026. This article is one of three articles discussing those laws. We published an article in December 2025 discussing changes to leave laws in Illinois. ... Read More
January 27, 2026
In case you missed it, several laws became effective in Illinois in late 2025 or early 2026. This article is one of three articles discussing those laws. We published an article in December 2025 discussing changes to leave laws in Illinois. ... Read More
January 26, 2026
In case you missed it, effective January 1, 2026, Minnesota amended its Fair Labor Standards Act to require employers to provide qualifying employees with rest and meal breaks. See 2025 Minn. S.F. No. 17. Rest Breaks Minnesota employers must ... Read More
January 23, 2026
In case you missed it, important changes became effective in Rhode Island on January 1, 2026. Amendments to Temporary Disability Insurance Law Rhode Island amended its temporary disability insurance law to provide leave of up to five days for bone ... Read More
January 22, 2026
In case you missed it, December 2025 brought important changes to unemployment compensation law in Pennsylvania and New Jersey. Pennsylvania Act 55 of 2025 created an “express lane” for victims of domestic violence ... Read More
January 21, 2026
February 5, 2026 marks the 33rd anniversary of the Family and Medical Leave Act, or the FMLA. To celebrate, the Wage and Hour Division (WHD) of the United States Department of Labor (DOL) has released seven short videos addressing common questions ... Read More
January 20, 2026
Several employment law changes became effective in Oregon on January 1, 2026. Read on to learn about three new laws. Also see our article here regarding Oregon’s protections, effective on January 1, 2026, for members of the Oregon National ... Read More
January 16, 2026
Rubin Fortunato will recognize Monday, January 19, 2026 as a day of service to honor the life and legacy of Dr. Martin Luther King, Jr. We continue to celebrate Dr. King’s dream of an equal and just society where all members are celebrated for ... Read More
January 14, 2026
In December 2025, the United States Department of Justice issued a final rule eliminating disparate impact liability from its enforcement regulations. But, in response, states are reinforcing the disparate impact theory. What is disparate impact ... Read More
January 12, 2026
Scientific research shows that a clean desk boosts productivity. With that idea in mind and a sense of welcoming in the new year, National Clean Off Your Desk Day is observed on the second Monday in January. The practice on National Clean ... Read More
January 8, 2026
Through House Bill 1121 (“HB 1121”), Washington state has revised its child-labor laws to allow 16- and 17-year-olds who are enrolled in certain bona fide college programs or approved career and technical education (“CTE”) to work the same ... Read More
January 7, 2026
Update: On December 19, 2025, New York’s Trapped at Work Act (Act) became effective (see details in our article below). Don’t get too comfortable, folks, because the new law is already facing challenges by those who view it as overly broad or ... Read More
January 6, 2026
Washington state has made key amendments to its child-labor laws through House Bill 1644 (“HB 1644”), which is effective July 1, 2026. Overview Youth employment in Washington state has increased in recent years, and with it, there has been an ... Read More
December 30, 2025
If giving back were a playlist, this year would be on repeat. In true Unwrapped fashion, here’s a look at 2025 through the lens of teamwork and community—because at Rubin Fortunato, believing in giving back isn’t a side track, it’s the core ... Read More
December 23, 2025
California has enacted several significant employment-related laws slated to reshape employer obligations beginning in 2026. These new measures—including a revival window for sexual assault claims (“AB 250”), expanded “safe leave” rights ... Read More
December 17, 2025
On January 1, 2026, several amendments impacting California employers become effective. They include: Amendments to Section 1197.5 of the Labor Code Existing California law prohibits an employer from paying differential wages to employees of ... Read More
December 16, 2025
For nearly six years after U.S. Senator Paul Wellstone perished in a plane crash on October 25, 2002, his son David, now the co-founder and CEO of Pathfinder Solutions PBC, along with former First Lady Rosalynn Carter, fiercely advocated for new ... Read More
December 15, 2025
In Lange v. Houston County, 152 F.4th 1245 (11th 2025), Anna Lange, a transgender woman and deputy at the Houston County, Georgia Sheriff’s Office, sought coverage for a medically necessary surgery (vaginoplasty) through the county’s ... Read More
December 11, 2025
In Finley v. Kraft Heinz, Inc., the U.S. Court of Appeals for the Fourth Circuit ruled that an intervening event – such as employee misconduct – does not automatically extinguish the employee’s retaliation claim. 146 F.4th 382, 391 (2025). ... Read More
December 10, 2025
Heading into 2026, some notable updates exist to the California Fair Employment and Housing Act (FEHA) about which employers should know and for which they should prepare. The FEHA prohibits workplace discrimination based on sex, age, disability, ... Read More
December 9, 2025
On September 30, 2025, the Governor of California signed Assembly Bill 288 into law, expanding the power of its Public Employment Relations Board (PERB) to cover private-sector employees currently under the exclusive jurisdiction of its federal ... Read More
December 4, 2025
The New Year will bring a trifecta of amendments to existing leave of absence and workplace anti-discrimination laws in Illinois. The Nursing Mothers in the Workplace Act (820 ILCS 260 §10) provides that employers must offer nursing mothers ... Read More
December 3, 2025
“Catastrophe and creation are twins.” – Barbara Marx Hubbard On January 1, 2026, the Transparency in Frontier Artificial Intelligence Act (the “Act”) takes effect in California. The Act is designed to help prevent “catastrophic” ... Read More
December 2, 2025
Healthcare employers with a presence in Montana should be aware that, beginning January 1, 2026, employment contracts for licensed physicians practicing in Montana no longer can include the following types of post-employment restrictive ... Read More
November 26, 2025
Effective January 1, 2026, employers will have to include additional information on their notices under the California Worker Adjustment and Retraining Notification Act (“CalWARN”). What is CalWARN? Like its federal WARN counterpart, CalWARN ... Read More
November 25, 2025
Effective January 1, 2026, California employers will be restricted from entering contracts that require a worker to stay with the employer for a defined period or else pay for certain expenses advanced by the employer. The Governor of California ... Read More
November 24, 2025
The Equal Employment Opportunity Commission (EEOC) issued new guidance on November 19, 2025, regarding national origin discrimination, noting that anti-American employment actions are discriminatory. Title VII of the Civil Rights Act of 1964 ... Read More
November 21, 2025
It’s that time of the year again. As 2025 comes to a close, many of us will try to wipe the slate clean; turn the page on the calendar; put the good, bad, and ugly in the rearview mirror; and shift into a positive outlook for 2026. Among other ... Read More
November 19, 2025
On June 10, 2025, the Pittsburgh City Council passed an ordinance (No. 2025-1736) amending its Paid Sick Days Act (the “Act”) to increase the rate at which employees can accumulate paid sick time and to increase the maximum total amount of paid ... Read More
November 18, 2025
North Carolina continues the trend of states that are defining sex for purposes of state law. See our article here, addressing laws in Iowa, West Virginia, and Wyoming; see our article here, addressing similar legislation in Texas; and see our ... Read More
November 17, 2025
For good reason, many states have been enacting employment legislation seeking to protect military service members and their families. Just this year, we have written about such laws in Delaware, Illinois (here and here), Louisiana, Maryland, ... Read More
November 13, 2025
Texas enacted the Responsible Artificial Intelligence Governance Act (Act), effective January 1, 2026, to establish a framework for regulating artificial intelligence (AI). The Act applies to entities that develop, deploy, or market AI systems in ... Read More
November 12, 2025
Washington’s Domestic Violence Leave Act (“DVLA”) extends leave and safety accommodations to employees dealing with domestic violence, sexual assault, or stalking. Effective January 1, 2026, Washington will extend these accommodations to ... Read More
November 11, 2025
Congress is proposing changes to the definitions of “employee” and “independent contractor” currently provided in the Fair Labor Standards Act of 1938 (“FLSA”) and the National Labor Relations Act (“NLRA”). On February 13, 2025, ... Read More
November 7, 2025
On October 30, 2025, Director of Finance and Operations Donald Rubendall attended the Mitzvah Circle’s “Circles We Share” Housewarming Party at their new “Forever Home” in Lansdale, PA. The event celebrated both the organization’s move ... Read More
November 6, 2025
On November 5, 2025, a group of Rubin Fortunato employees spent the morning assembling Wellness Care boxes at Unite for HER’s (Help Empower and Restore) Malvern headquarters. Unite for HER’s mission is to ensure that people facing breast and ... Read More
November 3, 2025
The City of Philadelphia recently amended its Fair Chance Hiring Ordinance (“Ordinance”) – Philadelphia’s equivalent to “ban the box” – to shorten the lookback period for misdemeanors, prohibit consideration of summary offenses, ... Read More
October 31, 2025
On Tuesday, October 28, members of Rubin Fortunato took the afternoon off to engage in a team-building event at Topgolf in King of Prussia. Coworkers enjoyed an appetizer buffet, beverages, camaraderie, and an afternoon of digital golf games at five ... Read More
October 30, 2025
Existing New Jersey law prohibits employers from requiring employees to attend employer sponsored meetings or participate in any communications with an employer regarding religious or political matters (i.e., captive audience meetings). Effective ... Read More
October 29, 2025
The Chester County Board of Commissioners recently took a meaningful step to protect against discrimination in employment, housing, and public accommodations within Chester County. Through its adoption of The Chester County Human Relations ... Read More
October 28, 2025
New Hampshire has taken a significant step in supporting employees and their families by amending its employment anti-discrimination laws. As a result of New Hampshire House Bill 2, employers will soon be required to provide unpaid leave ... Read More
October 24, 2025
On October 20, 2025, Rubin Fortunato proudly sponsored the cocktail reception of the 8th Annual American Living Organ Donor Fund (ALODF) Golf Outing at Manufacturers’ Golf & Country Club. ALODF is a non-profit organization that raises money to ... Read More
October 24, 2025
1. Healthy Families and Workplaces Act In the November 2024 election, Nebraska voters passed Initiative 436 – the Nebraska Healthy Families and Workplace Act (“Act”) – which took effect on October 1, 2025, with some modifications. Under the ... Read More
October 23, 2025
On Saturday, October 18, Unite for HER hosted their 13th Annual 5K Run/Walk in downtown West Chester, Pennsylvania. Rubin Fortunato served as a Water Station Sponsor. Shareholders Michelle Liebesman and Patricia Tsipras; Associate Peter ... Read More
October 23, 2025
Effective November 1, 2025, Oklahoma amended its Minimum Wage Act to modify the manner in which employers can calculate minimum wage for employees who receive tips or gratuities, meals, or lodging. See 2025 Okla. SB 250. Senate Bill 250 ... Read More
October 22, 2025
UPDATE: The Delaware Supreme Court reversed the Chancery Court’s decision dismissing claims to enforce restrictive covenants against Norman, holding that the lower court failed to give the Plaintiff’s allegations proper credit at the initial ... Read More
October 21, 2025
The California Civil Rights Council (CRC) enacted new regulations – effective October 1, 2025 – to prevent discrimination in employment caused by using artificial intelligence (AI) and other automated decision systems (ADS). The regulations ... Read More
October 20, 2025
Effective October 1, 2025, Connecticut amended its Commission on Human Rights and Opportunities antidiscrimination laws to include sexual assault victims and human trafficking victims as protected classes. See 2025 Ct. HB 7236. Thus, unless a bona ... Read More
October 17, 2025
Michigan’s Earned Sick Time Act (ESTA), which became effective in February 2025 for many employers, requires employers to provide workers with paid sick time. Effective October 1, 2025, ESTA expanded to small employers – i.e., businesses with ... Read More
October 16, 2025
A trend exists in the United States of legislation defining what it means to be “male” and “female.” See our article here from June 2025, addressing laws in Iowa, West Virginia, and Wyoming, and see our article here from earlier this ... Read More
October 15, 2025
Montana enacted a law – effective October 1, 2025 – prohibiting employers from terminating an employee who is a volunteer emergency service provider and is absent from or late to work due to an emergency. See 2025 Mt. HB 128. Employee Rights ... Read More
October 15, 2025
On October 1, 2025, Judge Wolson of the United States District Court for the Eastern District of Pennsylvania issued an Opinion and Order granting Temple University’s Motion for Summary Judgment, disposing of all claims brought by Dr. Xu Han, a ... Read More
October 14, 2025
Several important changes to employment laws in Nevada became effective on October 1, 2025. Here are the highlights: Working Time for Minors (2025 NV A.B. 215) Nevada Assembly Bill 215 lowers the weekly limit on working time for minors 16 years of ... Read More
October 14, 2025
On Sunday, October 12, Rubin Fortunato employees and their families came together to support The Timothy School’s 8th annual Heart and Sole Family Fun Run at Wilson Farm Park. Rubin Fortunato was a Stride Sponsor of the event. The Timothy ... Read More
October 13, 2025
Changes to Paid Leave Maryland has delayed implementation of its paid family and medical leave program once more. The Paid Family Leave Law (program) provides up to 12 weeks of paid leave to covered employees for a covered reason. See 2025 Md. ... Read More
October 10, 2025
Paid Leave Oregon is a program that provides up to 12 weeks of job-protected, paid time off to eligible employees[1] for medical leave, family leave, or safe leave. Many employees return to work from a medical leave because they have exhausted their ... Read More
October 9, 2025
North Carolina’s Business Court recently invalidated an employee’s non-competition agreement, finding that it was overbroad in terms of time, scope, and geography. See Atkore Int’l, Inc. v. Dinkheller, No. 24CV022644-400, 2025 NCBC 20 (Apr. ... Read More
October 6, 2025
The U.S. Office of Personnel Management recently issued a memorandum regarding religious expression in the federal employment sector, but all employers should pay attention. HISTORY: The First Amendment of the U.S. Constitution states: Congress ... Read More
October 2, 2025
Effective September 1, 2025, Texas implemented new regulations for delivery network companies – defined as business entities that offer or use a digital network to arrange for the delivery of food, beverages, or consumer goods from a restaurant or ... Read More
October 2, 2025
The Texas Business Court is a statewide, specialized trial court, which became effective in September 2024, to resolve certain complex business disputes. The Business Court’s judges are appointed by the Governor for a two-year term based on ... Read More
October 2, 2025
Effective as of September 1, 2025, the Texas legislature enacted Senate Bill 835, giving a voice to survivors of sexual abuse, rather than permitting nondisclosure and confidentiality provisions to command silence. A young man named Trey Carlock ... Read More
October 2, 2025
On September 1, 2025, several amendments to the Texas Compassionate Use Act and the Texas Occupations Code went into effect, expanding access to low-THC cannabis[1],[2] for medical purposes. The new amendments increase access to medical cannabis ... Read More
October 2, 2025
In June 2025, we discussed a recent trend in the United States of legislation defining what it means to be “male” and “female.” See our article here. Texas has joined the trend. Effective September 1, 2025, Texas enacted a Women’s Bill ... Read More
September 29, 2025
Maine recently amended its Earned Paid Leave Law to change how leave accrues and how it can be carried over. Previously, employees could accrue up to 40 hours of paid leave annually. Unused hours would carry over to the next year. However, ... Read More
September 26, 2025
Effective October 27, 2025, the City of Cleveland’s new pay transparency ordinance will go into effect, with Cleveland joining several other municipalities and states, including California, Colorado, New York, Pennsylvania, and Washington, in ... Read More
September 25, 2025
The United States Court of Appeals for the Sixth Circuit recently made it more difficult to sue employers for third party harassment in Michigan, Ohio, Kentucky, and Tennessee. See Bivens v. Zep, Inc., 147 F.4th 635 (6th Cir. 2025). ... Read More
September 24, 2025
In a recent decision, the U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of an employee’s failure-to-accommodate claim because the employee refused her employer’s attempt to understand the limitations stemming from her ... Read More
September 23, 2025
On September 5, 2025, the Federal Trade Commission (FTC) announced that it voted 3-1 to accede to the vacatur of its Non-Compete Clause Rule (non-compete ban) and dismiss its appeals in cases pending in the Fifth and Eleventh Circuit Courts of ... Read More
September 22, 2025
The General Assembly of Virginia amended its employment liability law to expand vicarious liability for employers. The Sexual Assault Employer Accountability Act (“Act”), Virginia House Bill 1730, took effect on July 1, 2025. The bill ... Read More
September 19, 2025
The federal Worker Adjustment and Retraining Notification Act (WARN Act) requires covered employers (generally, employers with 100 or more employees) to provide notice to employees in the event of certain plant closings or mass layoffs, giving ... Read More
September 18, 2025
Effective August 15, 2025, Illinois amended its Service Member Employment and Reemployment Rights Act (ISMERRA) to provide additional protections to public and private employees[1] in military service and additional clarity to employers regarding ... Read More
September 17, 2025
The Rhode Island Department of Labor and Training issued a new regulation (260-RICR-30-05-2) – effective August 17, 2025 – that defines “retail business” for purposes of calculating overtime pay and Sunday and holiday premium pay for ... Read More
September 16, 2025
Oregon House Bill 3187 expands Oregon’s protections against age discrimination by prohibiting certain age-related inquiries prior to an initial interview. Effective on September 27, 2025 (90 days after adjournment of the 2025 legislative session), ... Read More
September 12, 2025
Shareholder Patricia Tsipras, Office Administrator Brooke Palma, and Paralegal Nella Venella volunteered at a Wills for Heroes event at BELFOR in Exton on Saturday, September 6, 2025. The Wills for Heroes program is sponsored by the Pennsylvania ... Read More
September 11, 2025
Business needs sometimes lead an employer to cancel an employee’s scheduled shift or reduce the number of hours in that shift. A new law in Maine – effective on September 24, 2025 – will guarantee an employee a certain amount of pay for such ... Read More
September 10, 2025
Two high school students in Las Vegas have demonstrated that civics isn’t just a lesson in history class. With the help of State Senator James Ohrenschall, students Ethan Cohen and Meyer DeLee drafted a bill designed to fight antisemitism in ... Read More
September 9, 2025
In a recent decision of the U.S. Court of Appeals for the Fifth Circuit, the Court revived an employee’s failure-to-accommodate (disability) claim when the employer took nearly six months to evaluate her request. See Strife v. Aldine Independent ... Read More
September 8, 2025
Lydia Deardoff joined the Firm on September 3, 2025 as a Pre-Law Intern though Temple University’s Fox School of Business, where she is a senior majoring in Legal Studies. She expects to graduate in May 2026 and is planning to attend law ... Read More
September 4, 2025
Colorado and Illinois recently enacted laws to provide leave for parents of a child receiving care in a neonatal intensive care unit (NICU) so that they do not have to choose between their child’s care and their jobs/income. Colorado Colorado ... Read More
September 3, 2025
Effective July 1, 2025, Vermont amended its compensation laws to, among other things, clarify its formula for calculating minimum wage and the penalties applicable to employers for unpaid wage violations. See 2025 Vt. S. 117. This article ... Read More
September 2, 2025
Update: On February 3, 2026, the Delaware Supreme Court reversed the Court of Chancery’s dismissal of North American Fire’s contract claims and remanded the case for further proceedings. The Supreme Court held that, where an employee received ... Read More
August 26, 2025
Iowa amended its Wage Payment Collection Law to require employers to treat employees who choose to adopt a child up to six years of age in the same manner as an employee who is the biological parent of a newborn child for purposes of employment ... Read More
August 26, 2025
Overview In an effort to enhance workplace transparency and safety, Arkansas amended its Hiring Practices Law through Arkansas House Bill 1643, now known as Act 369. This legislative change allows employers to disclose information to an ... Read More
August 25, 2025
Effective July 30, 2025, Delaware amended the Healthy Delaware Families Act (HDFA), the statute governing the state’s paid medical leave program (Paid Leave Program) for which benefits become available on January 1, 2026. See 2025 Del. HB 128 ... Read More
August 21, 2025
We recently reported on changes in the law in Washington, New Mexico, Delaware, and West Virginia as to military status. Now, two more states have enacted legislation to protect military veterans. Illinois Illinois amended its Family Military ... Read More
August 20, 2025
North Carolina recently amended its General Statutes that cover workplace violence prevention. See 2025 N.C. SB 311. North Carolina’s Workplace Violence Prevention Act (WVPA) allows employers to seek civil no-contact orders (legal directives ... Read More
August 19, 2025
Nebraska amended its Employment Security Law – effective September 9, 2025 – to classify individuals working for marketplace network platforms as independent contractors for unemployment purposes, provided that certain conditions are met. In ... Read More
August 18, 2025
The landscape for non-competition agreements in the healthcare industry in Texas is about to experience a change. The quick take-away is that the change will increase mobility for licensed healthcare practitioners. Texas Senate Bill (SB) 1318 ... Read More
August 15, 2025
Earned Sick and Safe Time (ESST) is paid leave that employers must provide to Minnesota employees to use for certain reasons, including when an employee is sick, to care for a sick family member, or to seek assistance if an employee or their family ... Read More
August 14, 2025
With House Bill 3080, the West Virginia Legislature amended the Code of West Virginia to provide that, under certain circumstances, an employer may grant preference in hiring to a military spouse without violating the state’s anti-discriminations ... Read More
August 13, 2025
Iowa state law does not require drug testing, but it does set guidelines for employers who choose to drug test. Among other guidelines, Iowa private sector employers must have a written policy; allow for drug testing in only five situations ... Read More
August 13, 2025
We are proud to announce that Michelle Liebesman was named a 2025 Top Lawyer for Employment Law by Main Line Today. The Top Lawyers Directory employs peer-to-peer balloting and a vetting process using state licensure resources to determine who is ... Read More
August 12, 2025
On July 29, 2025, the U.S. Department of Justice (DOJ) issued a memorandum entitled, “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum addresses how federal anti-discrimination laws, including those ... Read More
August 7, 2025
Effective July 23, 2025, Delaware amended the Delaware Code for purposes of the State’s public accommodations, housing, insurance, education, and employment laws to add “military status” as a protected class. “Military status” means status ... Read More
August 5, 2025
In a recent case, the United States Court of Appeals for the Sixth Circuit revived an age discrimination claim based, in part, on the employer’s spoliation of evidence. See Kean v. Brinker International, Inc., No. 24-5514 (6th Cir., June 17, ... Read More
August 4, 2025
On July 24, 2025, the U.S. Department of Labor (DOL) launched self-audit programs from six agencies. The programs are designed to assist employers, unions, and pension plans in voluntarily assessing their operations and improving their compliance ... Read More
July 29, 2025
Minneapolis has amended its Civil Rights Ordinance (“Ordinance”) to add protected classes, increase enforcement of current protections, and revise procedures. The Ordinance encourages employers to assess employees and applicants based on their ... Read More
July 28, 2025
Colorado has amended its Wage Act – effective August 6, 2025 – to increase enforcement mechanisms and maximum penalties for misclassification, retaliation, and wage payment claims. See 2025 Colo. HB. 1001. Broader Definition of Employer The ... Read More
July 25, 2025
Washington’s Equal Pay and Opportunities Act (EPOA) is intended to promote equal compensation and advancement opportunities among “similarly employed” employees. Employees are “similarly employed” if they work for the same employer; the ... Read More
July 23, 2025
Rhode Island recently amended its General Laws relating to Fair Employment Practices to extend anti-discrimination and reasonable accommodation obligations to menopause and menopause-related conditions. The amendment was enacted and became ... Read More
July 22, 2025
Washington State amended its personnel file law, effective July 27, 2025, to require private employers to provide personnel files to employees or former employees within 21 days of a request and to provide former employees with a statement, upon ... Read More
July 21, 2025
Rhode Island joins a number of states in prohibiting captive audience meetings in the workplace. Captive audience laws generally are designed to prohibit employers from requiring employees to attend meetings where the employer discusses its views ... Read More
July 18, 2025
New York’s Retail Worker Safety Act (the “Act”) went into effect on June 2. See our article and update about it here. The Act requires employers who employ ten or more retail employees in New York to implement a retail workplace violence ... Read More
July 17, 2025
Rhode Island recently amended its General Laws regarding “Offenses Pertaining to Schools” to prohibit discrimination on the basis of race in all public elementary and secondary schools. The prohibition applies to the schools’ employment ... Read More
July 15, 2025
In late June, the United States Supreme Court typically releases a series of decisions (often controversial) marking the end of its term and the beginning of summer. This summer was no different. On June 20, the Supreme Court held that a retired ... Read More
July 14, 2025
On May 27, 2025, Philadelphia Mayor, Cherelle Parker, signed the Protect Our Workers, Enforce Rights Act (the “POWER Act” or “Act”) into law and it became effective immediately. The POWER Act, the first legislation of its kind in the ... Read More
July 10, 2025
Washington State recently passed the Securing Timely Notification and Benefits for Laid-Off Employees Act (Act). The Act – which becomes effective on July 27, 2025 – requires employers of 50 or more employees in Washington State to provide 60 ... Read More
July 8, 2025
Colorado enacted a law, effective August 6, 2025, to promote mobility for physicians, advanced practice registered nurses, physician assistants, dentists, and certified midwives. See Colorado Senate Bill 25-083. Currently, Colorado law states that ... Read More
July 7, 2025
Effective June 27, 2025, the United States Department of Labor’s Wage and Hour Division (WHD) will seek only unpaid wages at the pre-litigation stage. A recent WHD Field Assistance Bulletin (2025-3) clarifies that the Fair Labor Standards Act ... Read More
July 3, 2025
In case you missed it, the Supreme Judicial Court of Massachusetts recently held that the Massachusetts Noncompetition Agreement Act (G.L. c. 149 § 24L) (the “Act”) does not apply to a non-solicitation agreement that is incorporated into a ... Read More
July 1, 2025
By the end of July 2025, employees in Washington State will enjoy immigration status protections in two new ways. First, Washington passed a law, effective July 1, to prohibit employers from coercing employees into sub-minimum wages or illegal ... Read More
June 30, 2025
Effective July 1, 2025, Montana employers are required by state law to verify that all new hires are authorized to work in the United States. The law seeks to promote fair competition, discourage illegal employment practices, and align state ... Read More
June 27, 2025
We often hear in the zeitgeist that non-competes are unenforceable. For instance, California has banned them, and the FTC recently tried to ban them on a national level. That preconceived notion of enforceability is what makes Florida’s ... Read More
June 26, 2025
In a 6-3 decision authored by Chief Justice Roberts, the Supreme Court of the United States upheld a Tennessee law banning gender-affirming care for minors. United States v. Skrmetti, No. 23-477 (June 18, 2025). The Background In 2023, Tennessee ... Read More
June 25, 2025
On June 18, 2025, Shareholders Michelle Liebesman and Karen Milner, Director of Finance and Operations Donald Rubendall and Paralegals Lisa Chapman, Nicole Kime, and Nella Venella attended Unite for HER’s 15-year anniversary and celebration at the ... Read More
June 25, 2025
On March 28, 2024, Washington Governor Jay Inslee signed into law Substitute House Bill 1905, which amended the Equal Pay and Opportunities Act (“EPOA”) so more protected classes could seek its protections. This amendment will go into effect ... Read More
June 24, 2025
On June 5, 2025, the United States Supreme Court decided Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025), holding that majority-group plaintiffs are not required to meet a higher evidentiary standard (as opposed to minority-group ... Read More
June 23, 2025
Private employers with 100 or more employees and federal contractors with 50 or more employees that meet certain criteria are required to submit EEO-1 reports annually through the Equal Employment Opportunity Commission’s online filing system. ... Read More
June 20, 2025
On Monday, June 16th, a group of 15 from Rubin Fortunato spent an afternoon out of the office volunteering at the Mitzvah Circle’s new location in Lansdale, PA. Mitzvah Circle supports families in crisis by distributing and delivering personalized ... Read More
June 20, 2025
Indiana recently amended the Indiana Code concerning labor and safety to provide protections to employees who attend certain meetings regarding their children. See Senate Enrolled Act No. 409. No Adverse Employment Action Effective July 1, 2025, ... Read More
June 18, 2025
Vermont recently amended its Parental and Family Leave Act to expand employees’ access to unpaid leave to include bereavement, safe leave related to domestic violence, and leave for a qualifying military exigency. The amendments also broaden the ... Read More
June 18, 2025
Juneteenth (or Freedom Day, as it also is known), a national holiday since 2021, commemorates the end of slavery in the United States. Rubin Fortunato applauds the many contributions Black Americans have made to our society. We continue to ... Read More
June 17, 2025
A trend exists across the country promoting physician mobility. Indiana is continuing that trend with an amendment to its physician non-competition statute. Effective July 1, 2025, the amendment invalidates non-competition agreements entered ... Read More
June 16, 2025
At a time when states are redefining terms and amending statutes in response to President Trump’s Executive Order entitled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, Colorado enacted ... Read More
June 10, 2025
A recent trend exists in the United States of legislation defining what it means to be “male” and “female.” On January 20, 2025, President Trump issued an Executive Order (“Defending Women From Gender Ideology Extremism and Restoring ... Read More
June 2, 2025
Washington has amended and expanded its Fair Chance Act, the intent of which is to ensure that employment decisions are based on an applicant’s qualifications rather than solely on their criminal records. Under the amended statute (which goes into ... Read More
May 28, 2025
With the increase in electronic communications and remote workers over the last several years, Ohio has taken a major step forward with respect to digitalizing the workplace. Starting July 20, 2025, employers in Ohio may post certain labor law ... Read More
May 27, 2025
Effective July 1, 2025, Vermont hospitals will be required to create a security plan to prevent workplace violence and to manage aggressive behavior. They must post a notice in a conspicuous location indicating that hospital employees will not ... Read More
May 22, 2025
Back in 2023, Illinois enacted the One Day Rest in Seven Act (Act), which generally requires employers to provide employees with at least 24 consecutive hours of rest in every seven-day period. See our article here about the Act. Effective March ... Read More
May 21, 2025
It is disappointing and disheartening to hear attorneys tell stories of the unnecessary stress caused by being left adrift, without guidance from their supervisors. Mental Health Awareness Month seems like an appropriate time to reiterate the ... Read More
May 20, 2025
Last month, Montana amended its non-compete law to provide greater freedom and mobility to a broader range of health care providers. The amendment revises Montana state law regarding contracts that restrict the professional practices of health care ... Read More
May 15, 2025
The Wisconsin Supreme Court recently held that non-criminal, municipal citations are “arrest records” covered by state law prohibiting arrest record discrimination. See Oconomowoc Area School District v. Gregory L. Cota, et al., No. ... Read More
May 13, 2025
On May 8, 2025, Rubin Fortunato attorneys, Christopher Koller, Domenica Tomasetti, Michelle Liebesman, Rachael Carp, and their significant others, attended the 70th Anniversary Acres of Diamonds Gala, Temple University Health System’s primary ... Read More
May 12, 2025
Effective July 1, 2025, Alaska employers may not take, or threaten to take, adverse employment action against an employee because the employee refuses to attend an employer-sponsored meeting or listen to communications, the primary purpose of which ... Read More
May 9, 2025
During Mental Health Awareness Month, we’re reminded of the fact that creativity and good mental health go hand in hand. Taking a break is important, but stretching our minds with new challenges is even more beneficial. A study from the ... Read More
May 7, 2025
The U.S. Court of Appeals for the Eighth Circuit recently held that a remote worker was unable to bring a claim under the Minnesota Human Rights Act (“MHRA”) because she was not an “employee” as defined by the statute. See Kuklenski v. ... Read More
May 5, 2025
According to the Virginia Hospital and Healthcare Association, healthcare professionals are five times more likely to experience workplace violence than workers in any other industry. Effective July 1, 2025, hospitals in Virginia will be required to ... Read More
May 1, 2025
In 2024, Alaska voters approved a ballot measure providing, among other things, for paid sick leave for Alaska employees, with certain limited exceptions (e.g., prisoners, apprentices, and domestic workers in a private home). The new law will go ... Read More
April 28, 2025
In the early 1900s, an American poet wrote about two roads diverging, and the difficulty of making a choice between two equally fair paths when the goal is clear, but both routes are filled with too many twists and turns to have a clear line of ... Read More
April 25, 2025
In a case of first impression, the Washington Supreme Court recently considered whether a non-competition agreement can legitimately prohibit low-wage workers from moonlighting in a second job. In Springer v. Freedom Vans LLC, No.102566-1 (January ... Read More
April 24, 2025
As Hollywood mogul Harvey Weinstein’s sexual assault retrial kicks off in New York, the time is ripe to revisit one of the legal reverberations occasioned by his public fall from grace. It was one of the oldest, most insidious recipes in the ... Read More
April 23, 2025
Rubin Fortunato celebrated its talented staff today with a delicious breakfast, lunch, and selection of afternoon snacks from Crocodile Catering, gifts of boxes of Hope’s Cookies to enjoy at home, and messages of sincere gratitude. Thank you for ... Read More
April 22, 2025
According to recent studies, 50 to 75 percent of autistic adults in the United States are unemployed or underemployed. During Autism Awareness Month, employers often ask how to adjust everyday employment practices to be more inclusive of the ... Read More
April 17, 2025
Since 2020, Virginia has prohibited its employers from entering into, enforcing, or threatening to enforce non-competition agreements (non-competes) with employees[1] earning low wages. Virginia currently defines “low-wage employees” as ... Read More
April 15, 2025
In early March 2025, Arkansas Governor Sarah Huckabee Sanders signed Senate Bill 139 to amend the State’s non-competition (non-compete) statute (Arkansas Code § 4-75-101) to declare void any non-compete that restricts the right of a physician to ... Read More
April 14, 2025
In a move that is surprising primarily because of its alignment with the priorities of the former administration, new Federal Trade Commission (FTC) Chairman Andrew Ferguson is wasting no time firing a warning shot to employers whose labor practices ... Read More
April 9, 2025
With the signing of Senate Bill 107, Wyoming has altered the landscape for restrictive covenants in the State, declaring void any non-competition (non-compete) provisions in contracts that restrict a person’s right to receive compensation for ... Read More
April 7, 2025
Going forward, employers have a lower hurdle to defend against claims that employees were improperly classified as “exempt” under the Fair Labor Standards Act (FLSA), according to a 9-0 opinion delivered by Justice Brett Kavanaugh of the U.S. ... Read More
April 2, 2025
As we enter Autism Acceptance Month, it is fitting to highlight Illinois’ recently enacted law, the Dignity in Pay Act (Act), which seeks to phase out subminimum wage payments to employees with disabilities, and the country’s overall shift to ... Read More
March 31, 2025
During Women’s History Month, Rubin Fortunato celebrates contemporary women leaders who are making a positive difference in our world. Today, Rubin Fortunato highlights a special group of women – Lisa Shearman, Hannah Suhr, Gabriele ... Read More
March 26, 2025
During Women’s History Month, Rubin Fortunato celebrates contemporary women leaders who are making a positive difference in our world. Today, Rubin Fortunato highlights pediatric dentist, Dr. Robyn Ivker, founder and owner of Super Tooth ... Read More
March 20, 2025
Effective July 1, 2025, New Hampshire will require employers to provide nursing employees with an appropriate location to express milk and unpaid breaks to do so. See N.H. Rev. Stat. Ann. §§ 275:78–275:83. Who Is Covered? This law covers ... Read More
March 18, 2025
The Law On September 26, 2024, the New Jersey Legislature passed Senate Bill 2310, which favors employees seeking transparent compensation and benefits and fair access to job opportunities. On November 18, 2024, Governor Murphy signed the Bill ... Read More
March 17, 2025
During Women’s History Month, Rubin Fortunato celebrates contemporary women leaders who are making a positive difference in our world. Today, Rubin Fortunato highlights Sue Weldon, founder and Chief Executive Officer of Unite for HER (Help ... Read More
March 13, 2025
Pursuant to a recent amendment (Local Law 109), the New York City Human Rights Law now requires employers to distribute their written lactation room accommodation policy to employees upon hiring, to physically and electronically post their policy, ... Read More
March 11, 2025
A recent unpublished opinion by a California appeals court illustrates the importance to employers of carefully drafting arbitration agreements, especially in California, where courts are often hostile to arbitration agreements between employers and ... Read More
March 10, 2025
During Women’s History Month, Rubin Fortunato celebrates contemporary women leaders who are making a positive difference in our world. Today, Rubin Fortunato highlights Jaclyn (Jackie) Radcliffe, who – after losing her three-year-old daughter, ... Read More
Ohio Enacts the Pay Stub Protection Act
March 6, 2025
On January 8, 2025, Ohio Governor Mike DeWine signed the Pay Stub Protection Act (the “Act”), which requires employers to provide detailed and accurate pay stubs to employees. The Act will take effect on April 9, 2025 and will be codified as ... Read More
March 5, 2025
The National Labor Relations Board’s (NLRB) priorities are shifting. On February 14, 2025, NLRB Acting General Counsel William Cowen issued a Memorandum (GC 25-05) to all NLRB field offices, signaling the priorities of the new political ... Read More
February 26, 2025
The Delaware Supreme Court, in early 2024, issued a decision in Cantor Fitzgerald, L.P. v. Ainslie in which it held that a Delaware limited partnership provision that allows the partnership to withhold unpaid distributions from a withdrawing partner ... Read More
February 20, 2025
On January 15, 2025, the U.S. Department of Labor (DOL) announced that the Occupational Safety and Health Administration (OSHA) terminated its COVID-19 healthcare rulemaking. By way of background, in June 2021, OSHA issued an Emergency Temporary ... Read More
February 19, 2025
In December 2024, the U.S. Equal Employment Opportunity Commission released guidance for health care providers to help their patients obtain pregnancy and childbirth-related accommodations in the workplace under the Pregnant Workers Fairness Act ... Read More
February 14, 2025
During the week of February 10, Rubin Fortunato held a casual dress week and collected donations in support of the American Red Cross’s efforts to aid those affected by the recent California wildfires. On February 13, Rubin Fortunato also held an ... Read More
February 13, 2025
Last month, the New Jersey Office of the Attorney General issued guidance and announced a new Department of Civil Rights Technology Initiative to address the risks of “algorithmic discrimination” – discrimination stemming from the use of ... Read More
February 11, 2025
Last month, Oregon’s Office of the Secretary of State issued a Permanent Administrative Order to amend the State’s laws related to workplace harassment. The Order, which became effective on February 1, 2025, amends Oregon’s discrimination ... Read More
February 10, 2025
On January 28, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release addressing one of President Trump’s first executive orders (EO) – Executive Order 14166: Defending Women from Gender Ideology Extremism and ... Read More
February 6, 2025
After taking office, President Trump issued a series of Executive Orders that have prompted questions about the status of the U.S. Equal Employment Opportunity Commission (EEOC). On February 4, 2025, the EEOC issued a bulletin responding to some ... Read More
January 30, 2025
As National Human Trafficking Prevention Month (January) comes to an end, we want to take a moment to highlight another local gem, Worthwhile Thrift. Worthwhile operates two thrift stores in Pennsylvania – one in Collegeville and one in ... Read More
January 27, 2025
Effective January 15, 2025, the U.S. Occupational Safety and Health Administration (OSHA) increased the maximum civil penalties for violations of federal occupational safety and health standards to account for cost-of-living ... Read More
January 22, 2025
Effective January 1, 2025, Indiana amended its child labor laws to: Reduce the age for certain restrictions from 18 to 16 years of age Remove restrictions providing that minors between 14 and 16 years of age may work only until 7 p.m. on a day that ... Read More
January 21, 2025
Update: On September 30, 2025, Judge Daniel J. Calabretta of the Eastern District of California granted a preliminary injunction against enforcement of California Senate Bill 399, which prohibits employers from holding “captive audience ... Read More
January 17, 2025
Rubin Fortunato will recognize Monday, January 20, 2025 as a day of service to pay homage to Dr. Martin Luther King, Jr. We celebrate Dr. King’s vision to secure equal rights for all members of our society, regardless of creed or culture. We ... Read More
January 16, 2025
Effective January 1, 2025, New York State expanded its Workers’ Compensation Law to permit all workers to seek workers’ compensation benefits for a mental health injury resulting from extraordinary work-related stress. Prior law limited ... Read More
January 14, 2025
Maryland’s Heat Illness Prevention Standard Maryland’s Occupational Safety and Health Division (MOSH) implemented a Heat Illness Prevention Standard (Standard), effective September 30, 2024, that requires employers to protect workers from heat ... Read More
January 8, 2025
Before you issue your employees’ first paychecks in 2025, make sure you are compliant with minimum wage laws. The following states have increased their minimum wage, effective January 1 ,2025, or will do so later this year. Employers also should ... Read More
January 2, 2025
Rubin Fortunato employees held a casual dress week in September 2024 to celebrate the start of the fall season. Employees donated money to dress down, and the Firm donated that money to The Timothy School, the oldest non-profit approved private ... Read More
December 12, 2024
On Election Day 2024, New Yorkers voted to adopt the Equal Rights Amendment to expand their constitutional civils rights and to codify – in the State’s Constitution – prohibitions against discrimination. Currently, New York State has various ... Read More
December 11, 2024
Effective January 1, 2025, Minnesota will join the trend toward pay transparency. Minnesota employers with 30 or more employees working in the State will be required to include in their job postings the starting salary range (defined as the ... Read More
December 9, 2024
California Enacts the Freelance Worker Protection Act California enacted the Freelance Worker Protection Act (FWPA) to provide minimum requirements for contracts between freelance workers and those who hire them. The FWPA becomes effective on ... Read More
December 5, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that a federal jury in Texas awarded $2.17 million to Sarah Budd, who most recently worked as a Parts Clerk for SkyWest Airlines, on allegations of sex discrimination. The ... Read More
December 3, 2024
California Establishes a Labor Trafficking Unit Assembly Bill 1888 – effective on January 1, 2025 – establishes within the Department of Justice a Labor Trafficking Unit (Unit) to receive labor trafficking reports and complaints from law ... Read More
December 2, 2024
Update: Connecticut’s Department of Labor recently published Paid Sick Leave Frequently Asked Questions (FAQs), as well as a Q&A and Survey Questions document, to serve as guidance for employees and employers regarding the State’s Paid ... Read More
November 25, 2024
Enacted in 2016, the Washington State Paid Sick Leave Law (“Paid Sick Leave Law”) requires employers to provide non-exempt employees with paid sick leave for protected reasons, including (1) the employee’s personal medical care; (2) to care ... Read More
November 21, 2024
Update: New York State recently published Frequently Asked Questions (FAQs) to assist employees and employers with understanding the Paid Prenatal Leave Law, which goes into effect on January 1, 2025. Effective January 1, 2025, New York will ... Read More
November 20, 2024
California Addresses Intersectionality in Its Anti-Discrimination Laws Existing California law – the California Fair Employment and Housing Act (FEHA) – addresses civil rights with respect to housing and employment. Specifically, the FEHA ... Read More
November 18, 2024
In recognition of the urgent and growing need for blood products in the U.S., Rubin Fortunato and Workspace Property Trust sponsored a blood drive to benefit the American Red Cross on November 13, 2024. 30 people (including Rubin Fortunato ... Read More
November 13, 2024
California became the first state, in 2019, to Create a Respectful and Open Workplace for Natural Hair (CROWN Act) by clarifying that the definition of race in anti-discrimination statutes applicable to workplaces and educational institutions ... Read More
November 11, 2024
According to the American Red Cross, every two seconds, someone in the U.S. needs blood and or platelets, and nearly 5,000 units of blood and 6,500 units of plasma are needed every day in the U.S. In response to this need, Rubin Fortunato, in ... Read More
November 5, 2024
Wills for Heroes is a program that the Pennsylvania Bar Association sponsors to provide free basic estate planning documents to military veterans and first responders. On Saturday, November 2, 2024, volunteer attorneys, notaries, and others gathered ... Read More
October 31, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently reported that it settled a pattern-or-practice sex discrimination lawsuit against providers of solid waste removal, recycling pickup, and landfill operation services (collectively ... Read More
October 30, 2024
On July 1, 2024, New Hampshire Governor Chris Sununu signed 33 bills into law, including one – House Bill 1336 – that expands workers’ gun rights. Under the new law, certain New Hampshire employers no longer can ban workers from keeping guns ... Read More
October 28, 2024
Update: Our article below addressed the expansion of California’s 2014 Healthy Workplaces, Healthy Families Act to include additional protections for crime victims. On July 7, 2025, the California Civil Rights Department issued guidance and a ... Read More
October 25, 2024
The American Living Organ Donor Fund (ALODF) is a non-profit organization that helps living organ donors manage the financial strains associated with organ donation. ALODF was established by Sigrid Fry-Revere and Mike Mittelman in 2014 both to ... Read More
October 23, 2024
UPDATE: An amendment to the Retail Worker Safety Act (Act) moves the effective date of the Act from March 3, 2025 to June 2, 2025, giving covered employers another three months to implement workplace violence prevention policies and provide ... Read More
October 21, 2024
In recognition of employers’ growing use of Artificial Intelligence (AI)-powered recruitment tools, the U.S. Department of Labor recently published the AI & Inclusive Hiring Framework. For employers, the framework will help reduce the risk ... Read More
October 17, 2024
On Sunday, October 13, Rubin Fortunato employees, along with their spouses and children, came together to support The Timothy School’s 7th annual Family Fun Run for which Rubin Fortunato also was a Platinum Sponsor. The Timothy School is ... Read More
October 16, 2024
On Wednesday, October 9, Rubin Fortunato employees gathered at Expedition Escape! in King of Prussia, PA for an afternoon of team building. Employees worked together to solve puzzles to escape a themed room (the Bank Heist, the Blind Tiger ... Read More
October 10, 2024
October is National Disability Employment Awareness Month (NDEAM), when we celebrate the value and talent that workers with disabilities add to our workplaces. Consistent with this year’s official NDEAM theme – Access to Good Jobs for All – ... Read More
October 9, 2024
Last month, we told you about a recent settlement that the U.S. Equal Employment Opportunity Commission (EEOC) secured from a staffing agency based on allegations that the agency engaged in sex discrimination when it complied with clients’ ... Read More
October 7, 2024
To prove disability discrimination, plaintiffs must demonstrate that (1) they have a disability within the meaning of the Americans with Disabilities Act (ADA); (2) they are otherwise qualified to perform the essential functions of the job, with or ... Read More
October 1, 2024
Earlier this year, the U.S. Office of Personnel Management (OPM) released a final rule that prohibits federal agencies from using a candidate’s previous non-federal salary history in setting pay in employment offers. The OPM hopes to close ... Read More
September 30, 2024
Last month, a federal court in Texas ruled that the Federal Trade Commission exceeded its authority in attempting to implement a nationwide ban on non-competition agreements (non-competes). See our article about that decision here. The court ... Read More
September 26, 2024
Update: The California Labor Commissioner published the model workplace whistleblower notice and you can find it here. Existing California Law California law prohibits employers from making, adopting, or enforcing a policy that prevents employees ... Read More
September 24, 2024
On June 4, 2024, Vermont Governor Phil Scott approved a pay transparency act (HB 704), which will become effective on July 1, 2025. The law, called “An act relating to disclosure of compensation in job advertisements,” is codified at 21 Vt. ... Read More
September 23, 2024
The U.S. Equal Employment Opportunity Commission recently reported that it settled a disability discrimination lawsuit against National Telecommuting Institute (NTI), a staffing and job placement agency based in Westwood, Massachusetts that assists ... Read More
September 19, 2024
The Timothy School will hold its 7th Annual 5K Family Fun Run/Walk on Sunday, October 13, 2024 at Wilson Farm Park in Chesterbrook beginning at 9:30 a.m. Proceeds from the event will benefit the Timothy Fund, which provides crucial funds to ... Read More
September 18, 2024
Last year, we reported on a decision of the Georgia Court of Appeals in North American Senior Benefits, LLC v. Wimmer, where the court held that an employee non-solicitation provision must contain a geographic limitation to be enforceable under ... Read More
September 16, 2024
On April 25, 2024, Maryland Governor Wes Moore approved several bills that amend existing Maryland laws. These amendments are scheduled to go into effect on October 1, 2024. Pay Stub Requirements (SB0038/HB0385): At the time of hire, employers ... Read More
September 13, 2024
Kayla Olsen joined the Firm earlier this month for a Pre-law internship through Temple University’s Fox School of Business. At Temple, Kayla is a senior majoring in Legal Studies and minoring in Corporate Compliance and Regulatory Policy. Kayla ... Read More
September 11, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it settled a disability discrimination lawsuit against an international freight company. In its lawsuit, the EEOC alleged that Pilot Air Freight, LLC, an international ... Read More
September 10, 2024
Another Update: On September 30, 2025, Judge Franklin U. Valderrama of the Northern District of Illinois dismissed a lawsuit challenging Illinois’s Worker Freedom of Speech Act, The Illinois Policy Institute and the Technology & ... Read More
September 9, 2024
A New York federal court recently ruled that an eye care practice (Practice) and its owner illegally fired an employee who reported to state health officials that the Practice failed to implement COVID-19 protections. Despite New York’s ... Read More
September 6, 2024
House Bill 1169, which became effective on September 1, 2024, created a private cause of action for discrimination based on hairstyles relative to a person’s ethnicity. Specifically, New Hampshire recently became the 26th state to adopt a version ... Read More
September 5, 2024
Maine amended its labor law, effective August 9, 2024, to enable the Maine Department of Labor to assess a fine not to exceed $1,000 or the amount provided in the violated law or rule, whichever is less, as a penalty for the violation. The ... Read More
September 3, 2024
Effective today (September 3, 2024), Los Angeles County has a new fair chance hiring ordinance that provides additional rights to individuals with a criminal history who are seeking employment in the unincorporated areas[1] of Los Angeles ... Read More
September 3, 2024
On August 2, 2024, Illinois amended its Biometric Information Privacy Act (BIPA). See 2023 Ill. SB 2979. The BIPA is a law that protects individuals from having their biometric data collected, stored, and shared without their consent. ... Read More
August 30, 2024
As we approach Labor Day, we would like to take a moment to recognize the important contributions of all workers across the nation. As Acting Secretary of Labor Julie Su said: “This country simply would not be what it is, and this holiday ... Read More
August 28, 2024
Validation of your business approach often is encouraging. It’s even better when the validation means that our clients meaningfully benefit from our approach. At Rubin Fortunato, we pride ourselves on immediately evaluating each case as a ... Read More
August 26, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently reported a settlement with SmartTalent, LLC, a staffing agency in Washington State that places temporary employees with businesses across various industries. SmartTalent will pay ... Read More
August 22, 2024
On July 31, 2024, Massachusetts Governor Healey signed into law An Act Relative to Salary Range Transparency. The Act contains two pay transparency requirements – (1) wage data reports, the first of which is due by February 1, 2025; and (2) pay ... Read More
August 21, 2024
Last week, we highlighted that the Federal Trade Commission’s “one size fits all” nationwide ban on noncompetition agreements was sowing chaos, particularly when nothing in the Federal Trade Commission Act empowers the FTC to enact a ... Read More
August 19, 2024
Hawaii has joined Connecticut, Illinois, Maine, Minnesota, New York, and Oregon to prohibit employers from requiring employees to attend certain employer-sponsored meetings. Specifically, effective July 2, 2024, Hawaii enacted the Captive Audience ... Read More
August 16, 2024
Feeling prepared and having the right tools to start the school year makes a significant difference. Locally, we are fortunate to have organizations such as the Maternal and Child Health Consortium. MCHC, with locations in West Chester, ... Read More
August 15, 2024
Washington State’s Paid Family and Medical Leave program (PFML) Under the PFML, employees in Washington State have access to paid family leave. An employee must have worked at least 820 hours in the State of Washington during the qualifying ... Read More
August 14, 2024
The United States Department of Justice’s Criminal Division has launched a Corporate Whistleblower Awards Pilot Program – effective August 1, 2024 – to uncover and prosecute corporate crime. If a whistleblower provides to the Department of ... Read More
August 13, 2024
Why is the Federal Trade Commission playing a game of chicken with American companies over the nationwide ban on non-compete agreements? Why create the needless uncertainty and panic? While this ambiguous circumstance may be a boondoggle for my ... Read More
August 13, 2024
Minimum Wage Increase On November 3, 2020, Florida voters approved a State constitutional amendment to increase the State’s minimum wage by $1.00 each year on September 30 from 2021 to 2026. See Fla. Const. Art. X, § 24(c). The State’s ... Read More
August 1, 2024
On July 1, 2024, California Governor Gavin Newsom signed two bills (AB 2288 and SB 92) to reform the California Private Attorneys General Act of 2004 (PAGA). The reforms became effective as to PAGA claims made on or after June 19, 2024. What is ... Read More
July 25, 2024
Effective August 7, 2024, a new Colorado law entitled Attorney General Restrictive Covenant Agreements (House Bill 24-1324) targets employer recovery of costs associated with education and training workers when such training is distinct from ... Read More
July 24, 2024
In March, we posted a Lessons Learned article warning employers not to base employment decisions on stereotypes and advising employers to use objective evidence to individually assess an applicant’s ability to perform the essential functions of ... Read More
July 22, 2024
On July 18, 2024, five Rubin Fortunato employees (Brooke Palma, Office Administrator; Lisa Chapman, Paralegal; Donald Rubendall, Director of Finance and Operations; Ava Petrellese, Paralegal; and Michael Einhorn, Director of Information Systems) ... Read More
July 19, 2024
Effective August 1, 2024, Louisiana will prohibit the enforcement of employer-required nondisclosure provisions to which a worker agrees prior to a dispute involving allegations of hostile work environment or sexual harassment. 2024 La. HB ... Read More
July 17, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that, following an investigation, it resolved a Charge of Discrimination (Charge) filed by a woman employed as a “light housekeeper” at a nursing home facility in ... Read More
July 16, 2024
On Friday, June 28, 2024, the United States Supreme Court overturned 40-year-old precedent – Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – that required courts to defer to “permissible” agency ... Read More
July 15, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it resolved a race and religious discrimination lawsuit against a nationwide automotive hauling and logistics company. Charles R. Lynch, III, identifies his race as ... Read More
July 12, 2024
Section 10(j) of the National Labor Relations Act (NLRA) provides that, “upon issuance of a complaint,” the National Labor Relations Board (NLRB) may petition any U.S. district court “for appropriate temporary relief” and the district court ... Read More
July 10, 2024
Effective August 1, 2024, several changes are coming to the Minnesota Human Rights Act (Act). First, several definitions in the Act have been expanded or clarified: “Disability” has been expanded to include “an impairment that is episodic or ... Read More
July 9, 2024
Effective July 15, 2024, employees will have only three years from the date a claim accrues to assert claims under the Kentucky Civil Rights Act and the Kentucky Wage and Hour Act, as well as claims of wrongful discharge in violation of public ... Read More
July 8, 2024
The United States Equal Employment Opportunity Commission (EEOC) recently announced that it resolved a race discrimination and retaliation lawsuit against Iron Hill Brewery of Buckhead, LLC and Iron Hill Brewery, LLC, a chain of breweries and ... Read More
July 5, 2024
We are proud to announce that the following attorneys have been selected to the 2024 Super Lawyers and Rising Stars Lists for 2024. Selected to the 2024 Super Lawyers List Michael J. Fortunato, Chairman and CEO (selected to Super Lawyers since ... Read More
July 3, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it resolved a sexual harassment and disability discrimination lawsuit against Weis Markets, Inc. According to the EEOC’s lawsuit, a male supervisor at Weis Markets’ ... Read More
July 2, 2024
Third party retaliation occurs when an employee complains of discrimination, retaliation, or harassment and the employer takes adverse employment action against a coworker with whom the complainant has a close relationship. The Michigan Supreme ... Read More
July 1, 2024
More than six months after the Chicago City Council passed it, the Chicago Paid Leave and Paid Sick Leave Ordinance (the “Ordinance”) goes into effect today, July 1, 2024. The Ordinance expands upon pre-existing leave rights for Chicago ... Read More
July 1, 2024
Change No. 1: Minnesota Prohibits Hiring Restrictions in Service Contracts, Further Promoting Employee Mobility Last July, Minnesota banned non-competition agreements. This July, Minnesota seeks to protect employee mobility further with another ... Read More
July 1, 2024
Effective July 1, 2024, Florida House Bill (HB) 49 amends Florida’s Child Labor Law to ease certain restrictions on child labor and allow parents and school superintendents to waive the thirty-hours-per-week work limitation. The federal Fair Labor ... Read More
July 1, 2024
Today, July 1, 2024, Vermont became the latest state to update its anti-discrimination laws to include hair and hairstyle protections within the definition of “race.” Vermont’s CROWN Act will prohibit hairstyle discrimination in employment ... Read More
June 28, 2024
Listening is a skill and active listening is a great skill to improve upon. Listening actively has three component parts: attention, attitude, and adjustment. These parts are particularly well suited to listening to people when speaking ... Read More
June 28, 2024
Effective July 1, 2024, employers[1] in Idaho will be immune from civil damages for allowing or not prohibiting “the lawful carrying of a firearm on an employee’s person…on the employer’s business premises.” See Idaho Senate Bill No. ... Read More
June 27, 2024
Tennessee amended its wage regulations law to better define “work.” See 2023 Tenn. HB 2110. Effective July 1, 2024, “work” in Tennessee will have the same meaning as interpreted by the United State Supreme Court for purposes of the Fair ... Read More
June 27, 2024
South Dakota amended its medical cannabis law, effective July 1, 2024, to permit adverse employment actions and refusals to hire based solely on a positive test result for cannabis metabolites if the person is employed or seeks to become employed in ... Read More
June 26, 2024
The Oregon Family Leave Act (OFLA), which became effective in 2005, provides employees with unpaid job-protected leave for various family or medical reasons. Then, in 2019, Oregon created Paid Leave Oregon (PLO) – an insurance program – to ... Read More
June 26, 2024
On June 15, 2020, the U.S. Supreme Court decided Bostock v. Clayton County and held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964 (Title VII), expressly ... Read More
June 25, 2024
Effective July 1, 2024, employers in New York City must provide employees with the multilingual “Know Your Rights at Work” poster, which refers them to the Workers’ Bill of Rights webpage of the Department of Consumer and Worker Protection ... Read More
June 25, 2024
A remote employee in New York recently received a mixed result in the U.S. Court of Appeals for the Second Circuit with respect to her state and federal claims for sex-based discrimination and hostile work environment. On the one hand, the Second ... Read More
June 24, 2024
Effective July 1, 2024, New Jersey enacted the Domestic Workers’ Bill of Rights Act (Act). Currently, domestic workers are not covered under the New Jersey Law Against Discrimination or the New Jersey State Wage and Hour Law. However, the Act ... Read More
June 24, 2024
The U.S. Court of Appeals for the Eleventh Circuit recently held that persistent misgendering is severe AND pervasive harassment in violation of Title VII of the Civil Rights Act of 1964 (Title VII). Copeland v. Georgia Department of ... Read More
June 21, 2024
Earlier this month, in search of a good answer, I read some articles on the topic. Then, I phoned a friend for her thoughts. She has a Masters in Social Work, undergraduate degrees in Social Justice Advocacy and Psychology, and an ... Read More
June 20, 2024
The U.S. Department of Labor (DOL) recently announced a settlement with the Lincoln National Life Insurance Co. (Lincoln) that requires Lincoln to change its Evidence of Insurability (EOI) requirement (proof of good health) for participants in ... Read More
June 18, 2024
Effective June 19, 2024, New York Labor Law Section 206-c provides to all employees the right to paid break time to express breast milk in the workplace regardless of the size of their employer and regardless of the industry in which they work. ... Read More
June 18, 2024
Juneteenth (observed annually on June 19th and a national holiday since 2021) is also known as Freedom Day and commemorates the end of slavery in the United States. It celebrates the date of June 19, 1865, when enslaved people in Galveston, ... Read More
June 17, 2024
Latest Update: See our article for details on the Eleventh Circuit’s most recent decision in this matter. Another Update: On September 9, 2025, the U.S. Court of Appeals for the Eleventh Circuit, sitting en banc (i.e., all of the ... Read More
June 14, 2024
For Pride Month, we have been discussing and demonstrating allyship with our LGBTQ+ friends. Allyship rests in holding ourselves accountable for the support and inclusion of marginalized groups. In thinking about how “inclusion” could ... Read More
June 13, 2024
The U.S. Equal Employment Opportunity Commission recently announced a settlement of a disability discrimination and retaliation lawsuit that it filed against the nation’s largest rural lifestyle retailer, which allegedly disclosed an employee’s ... Read More
June 12, 2024
Rubin Fortunato spent the afternoon of June 11th at Devon Lanes bowling alley where employees enjoyed a casual dress code, a catered lunch from Luigi and Giovanni’s, and some camaraderie. Six teams comprised of attorneys and staff members ... Read More
June 12, 2024
The New Jersey Supreme Court recently held that a non-disparagement provision in a settlement agreement was unenforceable under the New Jersey Law Against Discrimination (LAD). This decision will affect the use of non-disparagement provisions for ... Read More
June 11, 2024
NEW RULE: Title VII claimants need demonstrate only that they experienced harm as a result of a change in working conditions, and that the change resulted from sex-based discrimination. Any harm will suffice, no matter how slight, insignificant, ... Read More
June 10, 2024
In a recent federal case out of Indiana, Kluge v. Brownsburg Community School Corporation, No. 1:19-cv-02462-JMS-KMB (S.D. Ind., Apr. 30, 2004), the court dismissed the religious discrimination and retaliation claims of a Christian teacher at a ... Read More
June 7, 2024
My daughter always comes home from school with stories. But this one was more thought-provoking than most. One of her teachers had asked her high school class to write an essay about whether we should continue to celebrate certain groups ... Read More
June 6, 2024
On May 30, 2024, Rubin Fortunato attorneys, Michael Fortunato, Michelle Liebesman, Melanie Osborn, Chelsea Hollenstein, and their significant others, attended the 69th Annual Acres of Diamonds Gala – the primary fundraiser for Temple Health. The ... Read More
June 3, 2024
Last week, the U.S. Equal Employment Opportunity Commission (EEOC) announced that, following its investigation, Columbia River Healthcare Inc., a nursing facility in Vancouver, Washington, operating under the name The Oaks at Timberline ... Read More
June 3, 2024
Effective June 5, 2024, Washington State enacted the Employee Free Choice Act to protect the rights of workers to refrain from attending meetings or listening to their employer’s speech on political or religious matters. What is considered a ... Read More
May 31, 2024
Under Maryland House Bill 1388 (HB 1388), broader restrictions on non-compete agreements are going into effect, starting June 1, 2024, and will present new challenges for Maryland employers of veterinary and health care professionals. Maryland ... Read More
May 31, 2024
We close out Mental Health Awareness Month today. However, that doesn’t mean that you should forget about promoting and protecting your employees’ mental health until next May. Remember, good mental health is good for your bottom ... Read More
May 30, 2024
In 2019, Washington State enacted a non-compete statute imposing limits on the use of noncompetition agreements (RCW 49.62). Earlier this year, on March 13, 2024, Washington State Governor Jay Inslee signed into law Substitute Senate Bill 5935 ... Read More
May 30, 2024
On May 16, 2024, the Supreme Court of the United States ruled that, when a federal court finds that a lawsuit involves an arbitrable dispute, and a party has requested a stay of the court proceeding pending arbitration, the Federal Arbitration Act ... Read More
May 29, 2024
Effective July 1, 2024, Virginia has amended its Human Rights Act to make it unlawful for an employer to fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to such individual’s compensation, terms, ... Read More
May 28, 2024
You’d think that some things would go without saying, right? Well… The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it settled a lawsuit in which it alleged that TCI of Alabama, LLC, a recycling, removal, ... Read More
May 24, 2024
It’s the unofficial start of Summer this weekend! Warmer weather and sunshine always is good for your mental health. Below are a few more tips for lifting your own and your employees’ spirits. Tip #15: Collect and share good ... Read More
May 23, 2024
Another Update: On January 22, 2026, the EEOC fully rescinded its Enforcement Guidance on Harassment in the Workplace. Read our article here about the rescission. Update: On May 15, 2025, a Texas federal court held that the EEOC’s expansion of ... Read More
May 21, 2024
The judge was skeptical. He was being asked to restrict someone’s livelihood on the basis of a contract entered into years ago. There was virtually no law to guide the court. There were only facts that, if explained with great advocacy and ... Read More
May 21, 2024
The United States Equal Employment Opportunity Commission (EEOC) recently reported a $50,000 settlement with an Ohio amusement park to resolve an age discrimination lawsuit. According to the lawsuit, the park provided housing at significantly ... Read More
May 20, 2024
The Philadelphia Eagles Autism Foundation is dedicated to raising funds for innovative research and care programs to assist those currently affected by autism, as well as future generations. Former Rubin Fortunato associate attorney Greg Laudadio ... Read More
May 17, 2024
It’s the end of week three of Mental Health Awareness Month. We hope that you are trying to protect and promote good mental health in your workplace. Here’s what we did this week and why we did it. Tip #10: Offer mental health resources ... Read More
May 16, 2024
This month, we celebrate Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPI) in the United States. The month of May was chosen as AANHPI Heritage Month to commemorate the immigration of the first Japanese to the United States on May 7, ... Read More
May 14, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a settlement with an Olive Garden restaurant in the Pittsburgh, Pennsylvania area to resolve a disability discrimination claim. The EEOC alleged that an Olive Garden general ... Read More
May 10, 2024
In our second post in a series devoted to celebrating Mental Health Awareness Month, we’re again providing some practical tips for protecting and promoting good mental health in your workplace, along with examples of how we tried to put our ... Read More
May 9, 2024
On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division (WHD) published Field Assistance Bulletin (FAB) No. 2024-1 addressing artificial intelligence and automated systems (AI) in the workplace under the Fair Labor Standards Act ... Read More
May 7, 2024
Update: Before the largest phase of the U.S. Department of Labor’s Final Rule regarding overtime exemptions takes effect in January 2025, a federal court in Texas stuck down the rule on a national scale, finding that the Department of Labor ... Read More
May 6, 2024
Another Update: In our last update, we noted that a lawsuit challenging the Federal Trade Commission’s proposed rule to ban non-competes is pending in federal court in the Eastern District of Pennsylvania. On July 23, 2024, the court denied ... Read More
May 3, 2024
Employers, if you’ve ever wondered whether benefits exist to prioritizing your employees’ mental health, the answer is YES. Why? Well, your employees spend the majority of their waking hours on the job, and chances are that work is ... Read More
April 30, 2024
As Autism Awareness Month (April) comes to an end, we wanted to take a moment to highlight a local gem, The Timothy School. The Timothy School is the oldest non-profit approved private school in Pennsylvania devoted exclusively to teaching ... Read More
April 24, 2024
Rubin Fortunato celebrated its talented staff today with a casual dress code, lunch, gifts, and a cornhole tournament in the parking lot. Thank you for all of your support! ... Read More
April 23, 2024
New Mexico’s Human Rights Act (Act) currently prohibits discrimination on the basis of many characteristics, including race; age; religion; color; national origin; ancestry; sex; sexual orientation; gender; gender identity; pregnancy, childbirth, ... Read More
April 22, 2024
Many states have enacted laws permitting the use of marijuana for certified medical purposes. How do you reconcile those laws, as well as laws prohibiting disability discrimination, with your drug-free workplace policies and practices? A recent ... Read More
April 19, 2024
On April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released a final rule addressing employees’ rights to authorize third-party representatives to accompany an OSHA compliance safety and health ... Read More
April 18, 2024
Effective April 1, 2024, Colorado amended its Wage Protection Rules in three significant ways. See 2023 CO Regulation Text 18275. First, it amended its Healthy Families and Workplaces Act (HFWA) to expand the options for employers when calculating ... Read More
April 17, 2024
Yet Another Update: On May 21, 2025, a federal judge in Louisiana vacated the EEOC’s final rule implementing the PWFA to the extent that it requires employers to reasonably accommodate employees who choose to have an abortion. Another Update: ... Read More
April 16, 2024
In a recent decision of the United States Court of Appeals for the Fifth Circuit, the Court confirmed that, even when an employee is eligible for leave under the Family and Medical Leave Act (FMLA), to be entitled to leave under the statute, the ... Read More
April 15, 2024
In a recent decision of the United States Court of Appeals for the Second Circuit, the Court addressed the principles governing pretext and causation in a disparate treatment[1] claim under Title VII of the Civil Rights Act of 1964. Bart v. Golub ... Read More
April 10, 2024
The United States Department of Labor (DOL) reported that it recently recovered nearly $440,000 in back wages, unpaid bonuses, equitable remedies, and liquidated damages for two production workers of Mercedes-Benz US International Inc. in Alabama ... Read More
April 3, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) announced that Charter Communications, LLC a/k/a Spectrum, will pay $60,000 to resolve a lawsuit that alleged that Charter failed to accommodate an employee’s disability. Specifically, the ... Read More
April 1, 2024
Marianne Wayland sued her former employer, OSF Healthcare System, alleging violations of the Family and Medical Leave Act (FMLA). She argued that OSF should have adjusted its performance expectations to reflect her reduced hours while she was on ... Read More
March 28, 2024
During Women’s History Month, Rubin Fortunato is celebrating remarkable contemporary women who drive the conversation for change. Today, Rubin Fortunato spotlights Fran Held, who founded the non-profit Mitzvah Circle to provide families in ... Read More
March 27, 2024
This year, Equal Pay Day fell on March 12, 2024. Equal Pay Day is a day dedicated to raising awareness about the gender pay gap. In the U.S., this day (which changes from year to year) reflects how far into the year the average median woman must ... Read More
March 26, 2024
During Women’s History Month, Rubin Fortunato celebrates remarkable contemporary women, like Laura Brady, who created a Ukraine Humanitarian Aid campaign, sourcing and coordinating the delivery of nearly $250,000 worth of material supplies to the ... Read More
March 21, 2024
Early last year, the U.S. Equal Employment Opportunity Commission (EEOC) released guidance entitled Hearing Disabilities in the Workplace and the Americans with Disabilities Act. The guidance explains how the Americans with Disabilities Act (ADA) ... Read More
March 20, 2024
The Pennsylvania Bar Institute’s Employment Law Institute 2024 will take place at the CLE Conference Center of the Wanamaker Building in Philadelphia on Monday, April 15 and Tuesday, April 16. This year, attorneys from our Firm will present two ... Read More
March 19, 2024
Effective February 28, 2024, Utah added a new section to its Antidiscrimination Act (Act). See Utah Code Ann. § 34A-5-114. What does the new law prohibit? The Act renders void, unenforceable, and against public policy any nondisclosure or ... Read More
March 15, 2024
During Women’s History Month, Rubin Fortunato is celebrating the remarkable contemporary women who uplift our communities every day. Today, Rubin Fortunato spotlights Tonita Austin. In addition to founding and running her own accounting firm, ... Read More
March 14, 2024
Update: Connecticut’s voting leave law expired on June 3, 2024. The law had been enacted, effective June 2021, for only a three-year period because Connecticut planned to implement early voting options by 2024 and those options would eliminate ... Read More
March 13, 2024
In honor of Women’s History Month, Rubin Fortunato is calling attention to the work of contemporary women – like Pamela Hansen – who make a difference by adding their voice, donating their time, and following their interests and dreams. Pam ... Read More
March 11, 2024
On March 1, 2024, the Centers for Disease Control and Prevention (CDC) updated its recommendations for protecting yourself and your community from respiratory illnesses, including COVID-19, respiratory syncytial virus (RSV), and influenza (flu). ... Read More
March 11, 2024
Update: In November 2025, the United States Court of Appeals for the Eighth Circuit vacated and remanded the NLRB’s decision discussed below that found an employee’s refusal to remove a Black Lives Matter marking from a work uniform to be ... Read More
March 8, 2024
During Women’s History Month, Rubin Fortunato is highlighting the work of contemporary women – like Lauren Frantz – who make a difference by adding their voice, donating their time, and following their interests and dreams. Lauren Frantz is a ... Read More
March 7, 2024
On February 8, 2024, the Supreme Court of the United States (SCOTUS) unanimously held that a whistleblower suing under the Sarbanes-Oxley Act of 2002 (SOX) was not required to establish that his employer acted with retaliatory intent. By its ... Read More
March 5, 2024
In honor of Women’s History Month, Rubin Fortunato is turning a spotlight on contemporary women who make a difference by adding their voice, donating their time, and following their interests and dreams. First up is Karen Gaster, an attorney with ... Read More
February 28, 2024
On February 21, 2024, the U.S. Department of Labor’s Wage and Hour Division (WHD) and the Pennsylvania Office of the Attorney General (OAG) signed a Memorandum of Understanding to promote compliance with laws of common concern. The WHD ... Read More
February 22, 2024
Effective March 1, 2024, Columbus, Ohio will join the ranks of governmental and municipal authorities attempting to combat pay disparity and promote pay equity by banning prospective employers from asking job applicants about their salary ... Read More
February 12, 2024
Effective today, February 12, 2024, Pennsylvania law has been amended to require the expungement of certain criminal record information and to provide for immunity when employers hire individuals with expunged records. The new law immunizes ... Read More
February 5, 2024
Last month, the U.S. Department of Labor’s Wage and Hour Division (DOL) announced that a restaurant in California[1] will pay $824,405 in back wages and liquidated damages to 102 workers after an investigation revealed that the restaurant denied ... Read More
February 2, 2024
Effective March 30, 2024, Michigan no longer will be a right-to-work state. This change will undoubtedly have an effect on employees who work in a unionized setting in Michigan. By way of background, unions typically negotiate for a union security ... Read More
February 1, 2024
On its face, Title VII of the Civil Rights Act of 1964 (Title VII) contains a bright line rule for employers about unlawful employment practices. Specifically, Section 703(a)(1) of Title VII says: Employer practices It shall be an unlawful ... Read More
January 31, 2024
Last week, the U.S. Department of Labor (DOL) announced that, following an investigation, it assessed over $42,000 in civil penalties against three Cold Stone Creamery sites in Utah. The DOL’s Wage and Hour Division found that the stores violated ... Read More
January 29, 2024
Earlier this week, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it reached a settlement with a bar/pizzeria in New York in a sex harassment lawsuit.[1] The EEOC alleged that the pizzeria subjected a transgender cook to ... Read More
January 23, 2024
Effective June 30, 2024,[1] the Wage Transparency Omnibus Amendment Act of 2023, formerly known as the Pay Scale and Benefits Disclosure Amendment Act, will require District of Columbia employers with at least one employee in the district to ... Read More
January 22, 2024
Effective January 16, 2024, the U.S. Occupational Safety and Health Administration (OSHA) increased the maximum civil penalties for violations of federal occupational safety and health standards to account for cost-of-living adjustments for ... Read More
January 22, 2024
Update: On May 1, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division published a Field Assistance Bulletin to provide guidance to its staff regarding the analysis for determining employee or independent contractor status for purposes ... Read More
January 19, 2024
Effective January 19, 2024, the City of Philadelphia amended its Fair Criminal Record Screening Standards (a.k.a. Ban-the-Box) Ordinance. In general, the Ordinance prohibits (1) inquiries on employment applications regarding arrests and convictions; ... Read More
January 19, 2024
On January 11, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Walmart will pay $60,000 and provide other relief[1] to settle a sex discrimination lawsuit. In its lawsuit,[2] the EEOC alleged that Walmart refused to ... Read More
January 18, 2024
Effective January 1, 2024, Oregon expanded its Family Leave Act. Employers with at least six employees in Oregon are required to offer leaves of absence and reasonable safety accommodations to employees who are victims of bias. See 2023 Ore. HB ... Read More
January 17, 2024
The U.S. Department of Labor (“DOL”) recently announced a recovery of more than $1 million in back wages and damages for 165 California garment workers whose contractors[1] denied them overtime wages and then tried to conceal the misconduct. The ... Read More
January 17, 2024
My Salary, My Business: Minnesota Bans Employer Inquiries into Applicants’ Pay History Beginning January 1, 2024, Minnesota employers can no longer inquire about or consider a job applicant’s pay history during the hiring process. In enacting ... Read More
January 16, 2024
In January 2023, we reported on Proposition 118, a ballot measure to create an insurance fund to enable Colorado workers to take paid family and medical leave. Both employers and employees have been contributing premiums to the Family and Medical ... Read More
January 16, 2024
In October 2023, we reported on several changes – involving workplace violence, cannabis, sick leave, and retaliation – to California’s employment laws becoming effective on January 1, 2024. But wait, there are more … California Provides ... Read More
January 12, 2024
Rubin Fortunato recognizes Monday, January 15, 2024 as a day of service to honor the life and legacy of Dr. Martin Luther King, Jr. We celebrate Dr. King’s vision and seek to form communities and workplaces where everyone is welcome, regardless of ... Read More
January 11, 2024
We previously reported on upcoming changes to Illinois law for 2024 (Illinois Expands Its Current Leave of Absence Laws and Paid Leave for All Workers Is Coming to Illinois, Effective January 1, 2024). Below are some other laws, which became ... Read More
January 11, 2024
Effective January 1, 2024, Nevada expanded its domestic violence leave protections to include employees who are victims of sexual assault or whose family or household member is a victim of sexual assault. See Assembly Bill No. 163. Leave. Under ... Read More
January 8, 2024
Several changes to Rhode Island’s Payment of Wages Act, R.I. Gen Laws § 28-14-2, et seq. (“Wage Act”) took effect on January 1, 2024. These amendments bring stringent penalties for wage and hour violations. Notably, an employer’s agent ... Read More
January 5, 2024
In December 2023, Rubin Fortunato donated an “HR Essentials” gift basket to the Greater Valley Forge Human Resource Association’s Silent Auction and Networking Mingle. Proceeds from the silent auction benefitted the Philadelphia chapter of ... Read More
January 2, 2024
The Massachusetts Department of Family and Medical Leave (DFML) announced changes to employer contribution rates and weekly benefit amounts under the Paid Family and Medical Leave Law (PFML), effective January 1, 2024. The PFML provides employees ... Read More
December 21, 2023
A number of states are increasing their minimum wage as of January 1, 2024. Employers should take note of the following increases: State Current Hourly Wage Hourly Wage on January 1, 2024 Separate Minimum Wage for Tipped ... Read More
December 20, 2023
Effective January 1, 2024, Washington State will prohibit employers from discriminating against job applicants based upon their off-duty use of cannabis or based upon an employer-required drug test that identifies non-psychoactive cannabis ... Read More
December 14, 2023
Mitzvah Circle, an organization based in Oaks, PA, helps families in the area when they face crises, like poverty, homelessness, serious illness, and difficult circumstances. Throughout the month of November, Rubin Fortunato employees collected ... Read More
December 13, 2023
In 2017, Washington State enacted a paid family and medical leave law. Paid leave is funded through payroll taxes, which began in 2019. Employees in Washington State could begin to use the leave benefits beginning in 2020. A worker in Washington ... Read More
December 12, 2023
Non-competition agreements have been under attack at the federal and state levels and New York was poised to join the growing number of states enacting legislation to limit their use. Specifically, in June 2023, the New York Senate voted to pass ... Read More
December 11, 2023
On November 16, 2023, New York Governor Kathy Hochul signed the Clean Slate Act (the “Act”) into law. The Act, which becomes effective on November 16, 2024, seals the records of individuals with eligible misdemeanors after three years and ... Read More
December 8, 2023
In November 2023, Ohio voters passed a citizen-initiated ballot[1]—specifically Issue 2, also known as An Act to Control and Regulate Adult Use of Cannabis (the “Act”)—that legalizes the possession, home cultivation, and retail sale of ... Read More
December 5, 2023
Effective February 15, 2024, New York will extend the statute of limitations for filing complaints of discrimination with the Division of Human Rights (“DHR”) to three years. Previously, Section 297 of the New York Executive Law provided a ... Read More
December 4, 2023
On November 22, 2023, New York Governor Kathy Hochul signed New York state bill S5026, known as the “Freelance Isn’t Free Act,” building upon New York City’s 2016 law of the same name. The new legislation is intended to protect freelance ... Read More
November 27, 2023
New York already had some of the longest statutes of limitations for civil claims for sexual abuse. Then, in 2022, New York enacted the Adult Survivors Act (ASA),[1] which temporarily gave adult survivors of sexual abuse a year-long window of time ... Read More
November 17, 2023
Last week, the U.S. Department of Labor released a Recovery-Ready Workplace Toolkit: Guidance and Resources for Private and Public Sector Employers. The Toolkit supports efforts to beat the opioid and overdose epidemic. It is designed to assist ... Read More
November 14, 2023
Effective November 22, 2023, New York City will protect a worker’s actual or perceived height and weight in a manner similar to age, race, sex, religion, disability, sexual orientation, and other characteristics that are already protected under ... Read More
November 13, 2023
On October 9, 2023, Rubin Fortunato proudly sponsored the dessert table at the American Living Organ Donor Fund’s (ALODF) annual golf outing at the Manufacturers’ Golf & Country Club. The annual event supports ALODF’s vital Safety Net ... Read More
November 10, 2023
A New Year, A New Focus: Mental Health in the Workplace January 25, 2024 12:00 p.m. EST Presenters: Michael J. Fortunato, Esquire Patricia Tsipras, Esquire Email bpalma@rubinfortunato.com to register. Course Description The ... Read More
November 9, 2023
On October 30, 2023, President Joe Biden issued an Executive Order on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” This article offers a general overview of the Executive Order and some takeaways for ... Read More
November 8, 2023
The Occupational Safety and Health Administration (OSHA)[1] and the National Labor Relations Board (NLRB)[2]—two agencies that enforce labor laws and workplace safety rules—are joining forces to provide additional protection for potential ... Read More
November 7, 2023
The state of California recently added section 12945.6 to its Government Code.[1] This Section, which will take effect January 1, 2024, recognizes the grief and loss that follow a reproductive loss event, broadly defined as “the day or, for a ... Read More
November 6, 2023
In Herrera v. Comme Des Garcons, Ltd.,[1] the United States Court of Appeals for the Second Circuit addressed the following question: to state a claim for unpaid overtime under the Fair Labor Standards Act, what level of specificity must a complaint ... Read More
November 3, 2023
JOINT EMPLOYER RULE BLOCKED: On March 8, 2024, a federal judge in Texas blocked the National Labor Relations Board (NLRB) proposed joint employer rule, which was scheduled to become effective on March 11, 2024. The court concluded that nearly ... Read More
November 1, 2023
The Background California has long disfavored restrictive covenants in employment agreements. California Business and Professions Code Section 16600 renders void any contract that restrains someone from engaging in a lawful profession, trade, or ... Read More
October 26, 2023
Existing California law allows a party to appeal an order dismissing or denying a petition to compel arbitration of a matter that was filed in court. When a party files such an appeal, existing law generally provides that the trial court ... Read More
October 25, 2023
In a published decision issued on September 22, 2023, a panel of the U.S. Court of Appeals for the Ninth Circuit held that the Hyatt Corporation violated California’s Labor Code by failing to immediately pay accrued vacation time to the employees ... Read More
October 23, 2023
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) recently released a commemorative resource guide about recruiting, hiring, and employing individuals with disabilities. The EEOC the DOL’s Office of ... Read More
October 20, 2023
UPDATE: On January 20, 2024, New York City enacted a law to create a private right of action with a two-year statute of limitations to allow employees to file lawsuits in court alleging violations of the City’s Earned Safe and Sick Time Act. ... Read More
October 19, 2023
Montana Amends Elements of Wrongful Discharge Effective October 1, 2023, Montana amended existing law to prohibit employers from discharging, disciplining, threatening to discharge or discipline, or retaliating against job applicants or employees ... Read More
October 18, 2023
Workplace Violence Prevention Plans Will Be Required for California Employers, and Related Changes to Restraining Order Laws Will Follow UPDATE: In February 2024, the California Department of Industrial Relations’ Division of Occupational Safety ... Read More
October 17, 2023
Many Employment Law Changes Are Coming to the Ever Upward State On September 6, 2023, and effective immediately, Governor Kathy Hochul signed a package of legislation that includes: (1) barring employers from disciplining workers who do not wish to ... Read More
October 16, 2023
October is National Disability Employment Awareness Month (NDEAM). An initiative of the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP), NDEAM celebrates the contributions of America’s workers with disabilities and ... Read More
October 13, 2023
Under existing Maryland law, employers may not require an employee or prospective employee to agree to a non-competition restriction (one that limits the ability to work for another employer or become self-employed in the same or similar business or ... Read More
October 12, 2023
Starting October 1, 2023, “service workers” in Connecticut can use paid sick leave for a “mental health wellness day” or to care for a child who is a victim of family violence or sexual assault. Mandatory paid sick leave is not new to ... Read More
October 11, 2023
We recently reported that the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) joined forces to maximize enforcement of federal employment laws. Other federal agencies are following suit. Specifically, the ... Read More
October 10, 2023
October is National Disability Employment Awareness Month (NDEAM). An initiative of the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP), NDEAM celebrates the contributions of America’s workers with disabilities and ... Read More
October 9, 2023
The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed enforcement guidance for workplace harassment. The guidance does not have the force and effect of law. It is intended only to provide clarity to the public ... Read More
October 4, 2023
The U.S. District Court for the Eastern District of Virginia recently held that a school principal could not perform the essential functions of her job from home. Jordan v. School Board of the City of Norfolk, No. 2:22-cv-167 (E.D. Va., Sept. 7, ... Read More
October 2, 2023
October is National Disability Employment Awareness Month (NDEAM). An initiative of the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP), NDEAM celebrates the contributions of America’s workers with disabilities and ... Read More
September 29, 2023
On September 8, 2023, the California Court of Appeals for the First District ruled that an employer’s failure to pay an arbitration invoice within the time required by California statute resulted in a material breach of the arbitration agreement ... Read More
September 28, 2023
Did that title get your attention? The United States Court of Appeals for the First Circuit recently held that a compilation of customer information – many of the individual components of which were publicly available – was a trade secret. ... Read More
September 26, 2023
On September 8, 2023, the Securities and Exchange Commission (SEC) assessed a $225,000 penalty against Monolith Resources LLC, [1] a clean technology company, for violating whistleblower protection rules by including language in its separation ... Read More
September 25, 2023
On September 21, 2023, roughly a month after announcing a Strategic Plan that explains the agency’s mission and long-term goals, the U.S. Equal Employment Opportunity Commission (EEOC) released a Strategic Enforcement Plan (SEP) for Fiscal Years ... Read More
September 22, 2023
First, a California appellate court held that an employer who failed to countersign an arbitration agreement could not enforce it against an employee who signed it. Ortiz v. Nellson Nutraceutical, LLC, No. G061411 (Cal. Ct. App. Aug. 23, 2023). In ... Read More
September 21, 2023
Leah Vozzi joined the Firm in September for a semester-long Pre-law internship through Temple University’s Fox School of Business, where she is a senior majoring in Legal Studies. Her coursework’s focus is business and law. She expects to ... Read More
September 21, 2023
Background California already prohibits most post-employment restrictive covenants. Section 16600 of the California Business and Professions Code provides that “every contract by which any one is restrained from engaging in the lawful ... Read More
September 20, 2023
The Fair Labor Standards Act (FLSA) establishes minimum wages and overtime rates for work. The U.S. Supreme Court has interpreted “work” broadly, but not all work is compensable. A task is compensable work if it is both integral and ... Read More
September 19, 2023
On September 13, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) formed a partnership by signing a memorandum of understanding (MOU) [1] for the purpose of enhancing and ... Read More
September 18, 2023
Maine Protects Employees from Retaliation Effective September 19, 2023, Maine enacted “An Act to Provide Uniform Protections from Retaliation for Maine Workers in Connection with the Exercise of Rights Protected Under the Laws Governing Employment ... Read More
September 14, 2023
Parties to a contract sometimes select the law of a certain jurisdiction to govern their contract (i.e., a choice-of-law provision). Georgia courts generally will honor that choice of law unless applying the law of the foreign jurisdiction would ... Read More
September 13, 2023
Rubin Fortunato was a proud sponsor of the 19th Annual Divine 9 Open Golf Outing at the Philadelphia Cricket Club on September 5, 2023. The event was hosted by Bringing Hope Home®, a non-profit organization that provides Unexpected Amazingness® ... Read More
September 12, 2023
The Fair Employment and Housing Act (FEHA) provides protection from harassment or discrimination in employment based on many characteristics, including disabilities and medical conditions. Subject to certain exceptions, the statute makes it an ... Read More
September 6, 2023
Update: Illinois’ Department of Labor recently issued Guidance, as well as a Frequently Asked Questions (FAQ) website, to assist employers and employees with understanding the pay transparency amendments to its Equal Pay Act. Recognizing that ... Read More
September 5, 2023
Update: On September 13, 2023, the Department of Labor for New York State published in the New York State Register proposed regulations regarding the State’s pay transparency law, which went into effect on September 17, 2023. The public ... Read More
September 1, 2023
As we prepare to celebrate Labor Day as the unofficial end of summer with a long weekend and cookouts, let’s also remember the importance behind this holiday: the continued efforts for improvements in the working world and a celebration of all who ... Read More
September 1, 2023
Texas Update: The District Court of Travis County, Texas has issued a Final Judgment, ruling that the Texas Regulatory Consistency Act is unconstitutional. The State of Texas is expected to appeal the decision. Effective September 1, 2023, the ... Read More
August 31, 2023
On August 30, 2023, the U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) describing proposed changes to the regulations promulgated under section 13(a)(1) of the Fair Labor Standards Act (FLSA), which covers the minimum ... Read More
August 31, 2023
Recently, the U.S. Court of Appeals for the Second Circuit clarified the standard for evaluating retaliation claims under Title VII of the Civil Rights Act (Title VII), the Age Discrimination in Employment Act (ADEA), and the Civil Rights Act of ... Read More
August 30, 2023
In a recent opinion of the U.S. Court of Appeals for the Third Circuit (Third Circuit), the Court held that an employer is not liable for interference under the Family and Medical Leave Act (FMLA) when it asks an employee returning from a leave of ... Read More
August 29, 2023
A recent decision of a California Court of Appeals serves as a reminder that, even when a government order mandates that employees work at home, employers in California still are required to reimburse necessary expenses incurred in direct ... Read More
August 28, 2023
On August 4, 2023, Illinois expanded its Day and Temporary Labor Services Act to include equal pay, safety, and other important provisions, and enacted the Freelance Worker Protection Act. Day and Temporary Labor Services Act (DTLSA) Illinois made ... Read More
August 25, 2023
Effective July 31, 2023, amendments to New Jersey’s Unemployment Compensation Law (“the UC Law”) have increased the responsibilities of New Jersey employers when workers depart. New Reporting Requirements New Jersey employers previously were ... Read More
August 24, 2023
UPDATE: On February 27, 2024, a federal district court in Texas ruled that Congress violated the Constitution when it passed the Pregnant Workers Fairness Act (PWFA) because it lacked the required quorum. Specifically, Congress allowed some ... Read More
August 23, 2023
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) adopted its strategic plan for fiscal years 2022-2026, which describes the key values, objectives, and focal points for fulfillment of the EEOC’s mission to prevent and remedy ... Read More
August 23, 2023
Throughout the COVID-19 pandemic, employers faced an increased number of requests from employees to accommodate disabilities. Some of the decisions stemming from those requests are being litigated and – like the case discussed below – are ... Read More
August 22, 2023
In a recent decision of the California Supreme Court, the court held that an employer owed no duty of care to an employee’s spouse when the employee contracted COVID-19 at work and passed it along to his wife. See Kuciemba v. Victory Woodworks, ... Read More
August 21, 2023
In an effort to hold businesses accountable for their responsibilities to their employees and the state, the New Jersey Department of Labor and Workforce Development (NJDOL) erected a WALL, the Workplace Accountability in Labor List. The WALL ... Read More
August 18, 2023
On August 4, 2023, Illinois expanded its Blood Donation Act to include leave for organ donation, and expanded its Family Bereavement Leave Act to provide additional time for the loss of a child due to suicide or homicide. Both of the expanded laws ... Read More
August 17, 2023
On July 24, 2023, California’s Civil Rights Department (formerly the Department of Fair Employment and Housing) amended the Fair Chance Act. The amendments become effective on October 1, 2023. A Short Primer on the Fair Chance Act Since 2018, ... Read More
August 16, 2023
New Jersey enacted the Service Worker Retention Law on July 24, 2023 to increase job protections for non-managerial and non-professional service workers when their employer changes ownership. Specifically, pursuant to the new law, when a business ... Read More
August 15, 2023
Effective July 23, 2023, neither employers nor their agents in Washington State may search the privately owned vehicles of their employees. This prohibition exists even when the vehicles are located on the employer’s parking lots, in the ... Read More
August 8, 2023
On July 28, 2023, Illinois amended its Victims’ Economic Security and Safety Act (VESSA) to provide leave to employees who are grieving a family member’s death from a violent crime. See 2023 IL HB 2493. The amendments took effect ... Read More
August 4, 2023
On August 2, 2023, in a 3-1 decision, the National Labor Relations Board (the “Board”) adopted a new legal standard to evaluate whether workplace policies are permissible under the National Labor Relations Act (the “Act”). Specifically, ... Read More
August 3, 2023
Effective August 1, 2023, Louisiana amended its Employment Discrimination Law to require employers of 20 or more employees to provide employees with leave for one day to undergo genetic testing and preventive cancer screening. Though the law does ... Read More
August 3, 2023
A Short Primer on PAGA After recognizing a shortage of government resources to pursue enforcement of Labor Code violations, the California Legislature enacted the Private Attorneys General Act of 2004 (PAGA). PAGA created new civil penalties for ... Read More
July 27, 2023
Yesterday – the 33rd anniversary of the Americans with Disabilities Act (ADA) – the U.S. Equal Employment Opportunity Commission (EEOC) released an updated technical assistance document, Visual Disabilities in the Workplace and the Americans ... Read More
July 27, 2023
Michigan, Arkansas, Minnesota, and Texas are among the latest states to adopt versions of the CROWN Act (the “Act”), joining approximately 19 other states across the country. CROWN is an acronym for “Creating a Respectful and Open World for ... Read More
July 26, 2023
Beginning August 1, 2023, individuals who are 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and possess up to two pounds of cannabis flower in their private residences. See 2023 Minn. H.F. No. ... Read More
July 25, 2023
On Friday, the U.S. Citizenship and Immigration Services (USCIS) introduced a new version of the Form I-9. The Form I-9 is used to verify the identity of employees and their authorization to work in the United States. By revising the Form I-9, ... Read More
July 24, 2023
Effective August 1, 2023, Minnesota law will prohibit an employer from discharging, disciplining, threatening to discharge or discipline, or penalizing an employee: (1) because the employee declines to attend or participate in an employer-sponsored ... Read More
July 21, 2023
The New York State Department of Labor recently published new regulations interpreting the New York Worker Adjustment and Retraining Notification Act (“NY WARN” or “the statute”) to address the climate of post-pandemic employment. See the ... Read More
July 20, 2023
Since July 2016, Connecticut has restricted non-competition agreements with physicians. Among other restrictions, physician non-competition agreements can be no longer than one year in duration and extend no farther than 15 miles in geographic ... Read More
July 20, 2023
On July 11, 2023, Maine enacted a generous paid family and medical leave program that will provide up to 12 weeks of paid leave per year to eligible employees in the public and private sectors, effective January 1, 2026. See 2023 Me. H.B. 163. Who ... Read More
July 19, 2023
On July 3, 2023, Hawaii enacted a law to bring pay transparency to job postings and to expand its equal pay law. See 2023 HI SB 1057. The law becomes effective on January 1, 2024. Pay Disclosures Hawaii employers will be required to disclose in ... Read More
July 19, 2023
Rhode Island recently amended its Fair Employment Practices Act (FEPA) to prohibit employers from requiring – “as a condition of employment” – that employees sign a nondisclosure or non-disparagement provision “concerning alleged ... Read More
July 11, 2023
The Georgia Court of Appeals recently decided that an employee non-solicitation provision must contain a geographic limitation to be enforceable under the State’s Restrictive Covenant Act. See North American Senior Benefits, LLC v. Wimmer, et ... Read More
July 7, 2023
The Supreme Court last week unanimously decided that, if an employer denies an employee’s religious accommodation request, that employer is required, under Title VII of the Civil Rights Act of 1964 (“Title VII”), to show an undue hardship, ... Read More
June 29, 2023
On April 6, 2023, New York City adopted Local Law 144 of 2021 (“NYC 144”), the first law in the nation to regulate the use of Artificial Intelligence (AI)-driven tools in hiring and promotion decisions. It becomes effective on July 5, ... Read More
June 28, 2023
Effective July 1, 2023, parents, pregnant workers, and nursing workers in Minnesota will enjoy greater protections at work. See 2023 Minn. S.F. No. 3035. Here are the nine things that employers need to know. The new law expands the ... Read More
June 27, 2023
Vermont is launching a voluntary program for paid family and medical leave called the Vermont Family and Medical Leave Insurance Plan (“VT-FMLI”). Vermont’s private and non-state public employers are not required to offer their employees the ... Read More
June 26, 2023
Update: As of August 24, 2023, the Cannabis Employment Protections Amendment Act of 2022 has not yet been included on an approved budget in Washington D.C. and has yet to take effect. Check back for updates as we continue to monitor the status of ... Read More
June 23, 2023
Effective July 1, 2023, Virginia has amended its laws regarding non-disclosure agreements in the hopes of preventing the concealment of details relating to allegations of sexual harassment or assault. See 2022 Va. HB 1895. Specifically, the new ... Read More
June 22, 2023
Effective July 1, 2023, covered employers in Virginia must provide eligible employees with unpaid leave to donate one or more of the employee’s organs, including bone marrow, to be transplanted into another person. See 2022 Va. SB 1086. The law ... Read More
June 21, 2023
Effective July 1, 2023, Georgia has amended its voting leave law to provide time off for advance voting in elections and primaries and to revise provisions related to time off to vote on election day. See 2023 Bill Text GA S.B. 129. Georgia ... Read More
June 20, 2023
UPDATE: On February 27, 2024, a federal district court in Texas ruled that Congress violated the Constitution when it passed the Pregnant Workers Fairness Act (PWFA) because it lacked the required quorum. Specifically, Congress allowed some ... Read More
June 19, 2023
Juneteenth (annually observed on June 19th) – or Freedom Day as it also is known – is a holiday that memorializes the end of slavery in the United States. Rubin Fortunato celebrates the many contributions of Black Americans throughout our ... Read More
June 16, 2023
On June 6, 2023, Colorado enacted the Protecting Opportunities & Workers’ Rights (POWR) Act to further address discriminatory or unfair employment practices. Lower Threshold of Proof and Higher Evidentiary Standard for Affirmative Defenses in ... Read More
June 16, 2023
On June 2, 2023, Colorado enacted the Job Application Fairness Act, prohibiting Colorado employers from requesting or requiring that job applicants provide information related to “age, date of birth, or dates of attendance at or graduation from an ... Read More
June 15, 2023
Update: Colorado’s Department of Labor and Employment, Division of Labor Standards and Statistics, issued Equal Pay Transparency Rules to clarify its pay transparency statute. The rules are effective on January 1, 2024. On June 5, 2023, ... Read More
June 15, 2023
On June 2, 2023, Colorado amended its Healthy Families and Workplaces Act to expand the reasons for which Colorado workers can use paid sick leave. See 2023 Bill Text CO S.B. 17. Under the Healthy Families and Workplaces Act, eligible employees ... Read More
June 14, 2023
Effective June 16, 2023, New Mexico amended its Human Rights Act. The Human Rights Act prohibits, among other things, an employer from discriminating against an individual on the basis of race, age, religion, color, national origin, ancestry, sex, ... Read More
June 14, 2023
Yesterday, a majority of the National Labor Relations Board (Board) – comprised of the Board’s Democrats – issued a decision holding that make-up artists, wig artists, and hairstylists were employees, not independent contractors, of The ... Read More
June 13, 2023
The Elliott-Larsen Civil Rights Act (ELCRA), passed in 1976, prohibits discrimination based on an individual’s religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. Effective June 14, 2023, ... Read More
June 13, 2023
Arkansas Effective June 8, Arkansas enacted the Youth Hiring Act of 2023. The Act dispenses with the requirement that the State’s Division of Labor verify the age of children under 16 years of age and issue certificates permitting them to work. In ... Read More
June 12, 2023
Effective June 7, 2023, New York State amended the Nursing Mothers in the Workplace Act to require private employers to comply with new time, space, and notice requirements for accommodating employees who wish to express breast milk at work. Since ... Read More
June 9, 2023
On May 25, 2023, Minnesota enacted a law establishing a Paid Family and Medical Leave (PFML) program that will become effective on January 1, 2026. See 2023 Bill Text MN H.B. 2. Who is eligible to take PFML? Most employees in Minnesota will become ... Read More
June 2, 2023
On May 24, 2023, Minnesota Governor Tim Walz signed into law a bill effectively banning non-compete agreements. The new law, which is scheduled to go into effect on July 1, 2023, renders void and unenforceable all covenants not to compete with ... Read More
June 1, 2023
On May 30, 2023, Jennifer Abruzzo, General Counsel of the National Labor Relations Board (NLRB), issued a Memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers, outlining her view that the proffer, maintenance, and ... Read More
May 30, 2023
Today, the United States Department of Labor’s Wage and Hour Division issued Opinion Letter FMLA2023-2-A to clarify whether holidays count against (1) an employee’s Family and Medical Leave Act (FMLA) leave entitlement and (2) determination of ... Read More
May 25, 2023
On May 18, 2023, several Rubin Fortunato lawyers, along with their spouses, attended the 68th Annual Acres of Diamonds Gala—the marquee fundraiser for Temple Health. The open-air event was held at Citizens Bank Park. Many from the Temple ... Read More
May 23, 2023
On May 17, 2023, Michigan Governor Gretchen Whitmer signed legislation amending the Elliott-Larsen Civil Rights Act (Act) to prohibit discrimination based on an individual’s decision to end a pregnancy. In general, the Act prohibits an employer ... Read More
May 19, 2023
Yesterday, the United States Equal Employment Opportunity Commission (EEOC) released technical assistance entitled Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII ... Read More
May 17, 2023
Federal law requires any employer who recruits, refers for a fee, or hires an individual for employment in the United States to complete a Form I-9, Employment Eligibility Verification. The United States Citizenship and Immigration Services ... Read More
May 16, 2023
Yesterday, for approximately the twentieth time since the start of the COVID-19 pandemic, the United States Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance to respond to the evolving circumstances. ... Read More
May 15, 2023
On May 9, 2023, Washington State enacted a new law that prohibits employers from basing hiring decisions on an applicant’s off-duty use of cannabis or the results of an applicant’s pre-employment drug test that reflects the presence of ... Read More
May 12, 2023
Medha Tomar, a senior at Conestoga High School, will spend her last four weeks of high school as an intern with us through the school’s Senior Internship Program. Medha will attend Villanova University in the fall to study Business Management ... Read More
May 9, 2023
On May 4, 2023, Indiana Governor Holcomb signed into law Senate Bill 7. The Bill amends the Indiana Code to ban non-competition agreements (non-competes) with primary care physicians and to narrow the enforceability of such agreements as to ... Read More
May 2, 2023
Yesterday, the National Labor Relations Board (NLRB) ruled that the context in which a worker’s conduct occurs is relevant in determining whether the law protects that conduct. See Lion Elastomers LLC, 372 NLRB No. 83. Specifically, if a ... Read More
May 1, 2023
On April 24, 2023, the City of Chicago enacted key amendments to the City’s ban-the-box ordinance.[1] The ordinance is one of many ban-the-box laws across the country designed to dismantle structural impediments that people with criminal records ... Read More
April 27, 2023
May 19, 2023 Update: Yesterday, the United States Department of Labor’s Wage and Hour Division published a Field Assistance Bulletin to provide enforcement support and public guidance regarding the application and requirements of the PUMP ... Read More
April 26, 2023
Rubin Fortunato celebrated its amazing staff today for Administrative Professionals Day with a casual dress code, lunch, gifts, and some cornhole in the parking lot! Thank you for keeping us on task and on time. We would not be successful ... Read More
April 11, 2023
Effective August 5, 2023 in New Jersey, temporary workers – a population predominantly comprised of immigrants and workers of color who often are vulnerable to discrimination in the workplace – will enjoy greater protections under a new Bill of ... Read More
April 4, 2023
Maryland voted to amend its constitution on November 11, 2022, to allow the possession and consumption of recreational marijuana, effective July 1, 2023. Personal Use Amount: Adults, 21 years or older, may possess and consume up to 1.5 ounces of ... Read More
April 3, 2023
On March 13, 2023, Illinois Governor JB Pritzker signed the Paid Leave for All Workers Act (SB208), which will go into effect on January 1, 2024. The law gives nearly all Illinois workers the ability to earn and use up to 40 hours of paid leave ... Read More
March 27, 2023
As we outlined in a previous article, the National Labor Relations Board (NLRB) recently held that an employer’s mere proffer to employees of a severance agreement containing broad confidentiality and non-disparagement provisions was unlawful ... Read More
March 24, 2023
On February 22, 2023, the United States Supreme Court held that a highly compensated employee who received a daily rate of pay was eligible to receive overtime pay under the Fair Labor Standards Act (FLSA). See Helix Energy Solutions Group, Inc., ... Read More
March 21, 2023
The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide at least 60 days’ notice, with certain exceptions, to employees before a plant closing or a mass layoff. The purpose of the WARN Act ... Read More
March 15, 2023
On February 21, 2023, the National Labor Relations Board (NLRB) overruled precedent to hold that the confidentiality and non-disparagement provisions in an employer’s severance agreement unlawfully restricted employees’ exercise of their rights ... Read More
February 21, 2023
New York State’s Lawful Absence Law became effective on February 20, 2023. The law amends New York Labor Law to prohibit employers from threatening, penalizing, discriminating, or retaliating against employees who take absences protected under ... Read More
February 1, 2023
In January 2023, Rubin Fortunato made a financial contribution to the BRILLA Program at Cockeysville Middle School in Cockeysville, Maryland. The BRILLA (Bilingual Readiness for Intellectual Language Learning Advancement) Program aims to close the ... Read More
January 30, 2023
The Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act (PFEOA) prohibit discrimination on the basis of religious creed, sex, and race. However, neither of the statutes or their regulations define those ... Read More
January 30, 2023
Who We Are: We are a law firm of action that earned a national reputation for enforcement of restrictive covenants and protection of trade secrets when minutes matter. We apply that long-held “minutes matter” approach, not just to restrictive ... Read More
January 19, 2023
Colorado employers ringing in 2023 have some additional items to check off their to-do lists to ensure they are fully compliant with obligations under the state’s new employment laws. While January 1 has come and gone, it is of critical ... Read More
January 17, 2023
Starting today, the U.S. Occupational Safety and Health Administration (OSHA) has increased the maximum civil penalties for violations of federal occupational safety and health standards. Specifically, OSHA’s maximum penalty for violations ... Read More
January 17, 2023
In April 2022, Maine passed the Act Regarding the Treatment of Vacation Time upon the Cessation of Employment, which became effective on January 1, 2023. The Act requires Maine employers to pay terminated employees all unused vacation accrued ... Read More
January 13, 2023
Rubin Fortunato recognizes Monday, January 16, 2023 as a day of service to honor Dr. Martin Luther King, Jr. We applaud and seek to advance Dr. King’s search for an America where all people enjoy the same basic human rights, regardless of their ... Read More
January 12, 2023
As of January 1, 2023, Alabama will no longer require residents to obtain a concealed carry permit to carry a firearm in a public place or in their vehicles. With the passage of 2022 Al. HB 272, the “Constitutional Carry Bill,” Alabama became ... Read More
January 11, 2023
Illinois’s Legislature has enacted several laws that will impact your workplace this year. Below is a brief summary of some of those laws: Create a Respectful and Open Workplace for Natural Hair (CROWN). In 2021, Illinois enacted the ... Read More
January 11, 2023
Oregon has enacted several laws that will impact your workplace this year. Below is a brief summary of some of those laws: An Amendment to the Workplace Fairness Act Extends Restrictions on Settlement and Severance Agreements. The Oregon ... Read More
January 10, 2023
Effective January 1, 2023, the State of Washington amended its Equal Pay and Opportunity Act to require employers to include compensation and benefits information in job postings. Washington employers with 15 or more employees must include in job ... Read More
January 10, 2023
Effective January 1, 2023, New York amended its Paid Family Leave Act. Previously, the Act provided 12 weeks of job-protected, paid time off at 67% pay (up to a cap) to (1) care for a newly born, adopted, or foster child; (2) provide assistance ... Read More
January 6, 2023
California’s Legislature has enacted several laws that will impact your workplace this year. Below is a brief summary of some of those laws: Bereavement Leave. Effective January 1, 2023, California employees who have been employed for at ... Read More
January 5, 2023
The federal minimum wage remains at $7.25 and applies in 20 states.[1] The following states have raised or intend to raise the minimum wage in 2023 (unless otherwise noted, the increases became effective on January 1, 2023):[2] Alaska – ... Read More
December 21, 2022
Effective December 23, 2022, New York State amended its Human Rights Law to prohibit discrimination, harassment, and retaliation against job applicants and employees based on their citizenship and immigration status. The law defines “citizenship ... Read More
December 14, 2022
The lawyers and staff of Rubin Fortunato celebrated this year’s successes and looked forward to continued excellence in 2023 with a lunch at the Black Powder Tavern. We wish you a very happy holiday season and a prosperous new year! ... Read More
December 12, 2022
Effective December 16, 2022, New York State amended its Labor Law in response to the increase in remote work arrangements to require employers to provide mandatory legal notices to employees in both physical and electronic formats. Electronic ... Read More
November 30, 2022
Throughout the months of September and October 2022, Rubin Fortunato employees collected food and personal care items to support the mission of the Chester County Food Bank – To mobilize our community to ensure access to real, healthy food. The ... Read More
October 5, 2022
Effective January 1, 2023, California has enacted The Pay Transparency for Pay Equity Act (“Act”). See SB 1162. Pursuant to the Act, California employers with more than 100 contract workers (i.e., employees hired through labor contractors) ... Read More
October 4, 2022
Beginning January 1, 2023, California employees can take up to 12 weeks of family leave to care for individuals who are not legal relatives. See AB 1041. The new law expands California’s protections under the California Family Rights Act ... Read More
September 29, 2022
Beginning October 1, 2022, eligible District of Columbia employees[1] will be entitled to more paid leave pursuant to the District’s Universal Paid Leave Amendment Act of 2022 (the “Act”). In addition to increasing paid leave benefits, the ... Read More
September 23, 2022
On Friday, September 23, 2022, Rubin Fortunato employees wore orange (the color of hunger relief) to support Hunger Action Day, a national event sponsored by Feeding America. According to Feeding America’s most recent Map the Meal Gap data, an ... Read More
September 15, 2022
Representatives from Rubin Fortunato volunteered their time on Saturday, September 10, 2022 at a Wills for Heroes event in Chester County, which was sponsored by the Pennsylvania Bar Association Young Lawyers Division. The Wills for Heroes program ... Read More
August 24, 2022
Preserve Your Assets: Protecting Company Data Throughout the Employment Lifecycle and Beyond Tuesday, November 15, 2022 12:00 noon EST Presenters: Michael J. Fortunato, Esquire and Mark P. Harbison, Esquire To register, send an email to ... Read More
August 15, 2022
On August 11, 2022, the Centers for Disease Control and Prevention “streamlined” their COVID-19 guidance. While acknowledging that the pandemic is not over, the CDC believes that – with tools like vaccination, boosters, and treatments – ... Read More
July 19, 2022
While the Supreme Court recently handed down a decision (slightly) weakening the ability to vacate an arbitration ruling on the basis of jurisdiction, the United States Court of Appeals for the Fourth Circuit issued an opinion upholding the ... Read More
June 29, 2022
Effective July 1, 2022, all employers with employees in the City of Chicago must adhere to Chicago’s new sexual harassment ordinance. The ordinance, in brief, requires employers to have written policies prohibiting sexual harassment and to train ... Read More
June 29, 2022
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) is charged with ensuring that employers doing business with the federal government comply with the laws and regulations that protect against ... Read More
June 27, 2022
Effective June 13, 2022, Ohio’s “Permitless Carry” law eliminates several rules for carrying concealed firearms. Content of the Law The law, Senate Bill 215, eliminates the requirement that Ohio gun owners have a permit or complete the ... Read More
June 27, 2022
Roughly twenty-five percent of the 800 blockchain businesses in North America are in California. In an effort to support responsible innovation of blockchain technology and digital assets, while addressing the risks that stem from their growth, ... Read More
June 24, 2022
Today, the United States Supreme Court issued a historic opinion overturning Roe v. Wade and the constitutional right to abortion in Dobbs et al. v. Jackson Women’s Health Organization et al., which upheld a Mississippi law barring abortions ... Read More
June 15, 2022
June 19th – or Juneteenth as it is more commonly known – is a holiday that commemorates the end of slavery in the United States. In September 1862, President Abraham Lincoln enacted the Emancipation Proclamation, which decreed that about three ... Read More
June 7, 2022
New York State’s Primary Election Day is Tuesday, June 28, 2022. Polls are open from 6:00 a.m. to 9:00 p.m. At least ten workdays prior to this election (or any other New York election), employers must conspicuously post a notice informing ... Read More
June 3, 2022
Earlier this week, the U.S. Equal Employment Opportunity Commission (EEOC) announced that two independent studies revealed high rates of satisfaction with the EEOC’s mediation program and virtual mediation services. Thus, the EEOC will continue ... Read More
May 31, 2022
Effective May 25, 2022, Colorado enacted Senate Bill 22-234, which expands the information that employers are required to provide to employees upon termination of their employment. Content of the law Pre-existing Colorado law requires employers to ... Read More
May 26, 2022
Effective July 1, 2022, Mississippi will become the last State in the United States to mandate equal pay for equal work. Content of the Law Mississippi’s Equal Pay for Equal Work Act, like the federal Equal Pay Act, provides that no employer shall ... Read More
May 26, 2022
On May 10, 2022, Delaware Governor John Carney signed into law the Healthy Delaware Families Act, creating a statewide paid family and medical leave insurance program to provide Delaware workers up to 12 weeks of paid (up to 80% of average weekly ... Read More
May 25, 2022
In a recent case out of the Southern District of New York – Shiber v. Centerview Partners LLC, 21 Civ. 3649 (ER) (S.D.N.Y. Apr. 20, 2022) – the court was faced with the question of whether a resident of New Jersey, who worked solely in New ... Read More
May 19, 2022
UPDATE: On March 4, 2024, the United States Court of Appeals for the Eleventh Circuit upheld a lower court’s ruling that the employer portion of Florida’s Individual Freedom Act (aka Stop W.O.K.E Act), which was signed into law in 2022, is ... Read More
May 10, 2022
Effective June 9, 2022, employers in the State of Washington may not use non-disclosure or non-disparagement provisions in any agreements, including settlement agreements, to prohibit employees or independent contractors from discussing conduct that ... Read More
May 9, 2022
Summary On March 31, 2022, the United States Supreme Court issued an opinion in the case of Badgerow v. Walters, 142 S. Ct. 1310 (2022), holding that the “look-through” approach to jurisdiction set forth in Section 4 of the Federal Arbitration ... Read More
May 5, 2022
Effective May 7, 2022, New York amends its Civil Rights Law to require private employers with a place of business in the State to notify employees upon hire and via a conspicuously-placed poster of any practice of monitoring or otherwise ... Read More
April 20, 2022
The law generally requires an employer to provide its employees with a safe place to conduct their work. Given the prevalence of work-from-home arrangements during the COVID-19 pandemic, the boundaries of that requirement have been tested. In a ... Read More
April 20, 2022
Another Update: Once again, Maryland has modified its family and medical leave insurance program – this time, through House Bill 102. Contributions to the program have been delayed from July 1, 2025 to January 1, 2027, and covered employees’ ... Read More
April 13, 2022
April 29, 2022 Update: On Friday, April 22, 2022, the City of Philadelphia reversed its indoor mask mandate, which conflicted, in part, with a recent decision of a Florida court that struck down the CDC’s masking mandate for public ... Read More
April 1, 2022
The Centers for Disease Control and Prevention recently released a COVID-19 Quarantine and Isolation Calculator. For whom is the tool designed and what it is designed to do? The tool is designed to assist people who have COVID-19 or people who have ... Read More
March 31, 2022
Today, Transgender Day of Visibility, the U.S. Equal Employment Opportunity Commission announced that it will give individuals the option to select a nonbinary “X” gender marker during two stages of the intake and charge filing process. First, ... Read More
March 21, 2022
On March 17, 2022, the U.S. House of Representatives passed a bill – entitled The Forced Arbitration Injustice Repeal (FAIR) Act (H.R. 963) – that would prohibit employers from enforcing agreements to arbitrate that employees sign before a ... Read More
March 4, 2022
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the Federal Arbitration Act and which initially was introduced in 2017 in response to the “Me Too” ... Read More
January 20, 2022
RUBIN FORTUNATO ELECTS MICHAEL FORTUNATO CHAIRMAN Founder Gregory Rubin To Remain as Chair Emeritus Rubin Fortunato & Harbison, P.C., a Western Main Line Philadelphia law firm with a national reputation for writing and enforcing post- ... Read More
November 15, 2021
In October 2021, in honor of National Disability Employment Awareness Month, Rubin Fortunato made a financial contribution to the Coffee Closet with Barista Jake, a local organization that provides special needs teens and adults a safe place to ... Read More
November 5, 2021
January 26, 2022 Update: Yesterday, OSHA announced that it was withdrawing the vaccinate-or-test mandate for large employers. However, employers should expect a new – perhaps more narrowly tailored – rule in the future. January 14, 2022 ... Read More
November 4, 2021
Federal On September 24, 2021, the United States Department of Labor issued a final rule asserting its authority to penalize employers up to $1,162 each time that an employer keeps employee tips or allows its managers or supervisors to receive tips ... Read More
October 15, 2021
Encouraging Employees to Bring Their Full Selves to Work: Eight Steps Toward Gender Inclusivity in the Workplace Thursday, December 16, 2021 12:00 noon EST Presenter: Mark P. Harbison, Esquire Email bpalma@rubinfortunato.com to ... Read More
September 17, 2021
Highlights The Act is not retroactive, but, beginning on January 1, 2022, the Act: bans noncompete agreements for employees making $75,000 per year or less (the salary threshold will increase by $5,000 every five years until reaching $90,000); ... Read More
August 25, 2021
We are proud to announce that Rubin Fortunato has moved its office to 1200 Liberty Ridge Drive in Wayne, PA to serve its clients in a safe, modern environment. Our contact information remains the same – Main Number: 610.408.2000; General Email: ... Read More
August 2, 2021
Federal In late June 2021, the Equal Employment Opportunity Commission extended – until August 23, 2021 – the deadline to submit and certify 2019 and 2020 EEO-1 Component data. The EEO-1 Component 1 report is a mandatory annual data collection ... Read More
June 15, 2021
Update: On July 27, 2021, the CDC updated its guidance to recommend that everyone – including those who are fully vaccinated – in areas of substantial or high transmission wear a mask indoors in public to maximize protection from the Delta ... Read More
June 4, 2021
Federal On May 28, 2021, the Equal Employment Opportunity Commission updated its guidance regarding COVID-19 and how it may implicate the Americans with Disabilities Act, the Rehabilitation Act, and other equal employment opportunity laws. The ... Read More
May 28, 2021
A no-poach agreement prevents one employer from hiring employees from another employer. Such restrictions may be stand-alone agreements (“naked”) or appear as clauses within broader contracts (“ancillary”).[1] With expanding antitrust ... Read More
May 14, 2021
Yesterday, the Centers for Disease Control and Prevention (CDC) revised its guidance in non-healthcare settings for fully-vaccinated people, allowing them to resume many indoor and outdoor activities without wearing a mask and without social ... Read More
May 4, 2021
Last week, the Centers for Disease Control and Prevention (CDC) issued interim public health recommendations for fully vaccinated people in non-healthcare settings. When does the CDC consider a person to be fully vaccinated? For purposes of its ... Read More
April 5, 2021
Federal On March 29, 2021, the Equal Employment Opportunity Commission, after delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of the COVID-19 public health emergency, announced that the 2019 and 2020 EEO-1 ... Read More
March 2, 2021
On February 25, 2021, the U.S. Department of Labor (DOL) issued guidance that expands eligibility for the federal Pandemic Unemployment Assistance (PUA) Program. Congress created PUA in March 2020 to temporarily expand unemployment insurance ... Read More
February 1, 2021
Federal On January 20, 2021, his first day in office, President Biden issued a number of executive orders. Among them was Executive Order 13985, revoking former President Trump’s Executive Order 13950, which prohibited “divisive concepts” ... Read More
January 11, 2021
In December 2020, Rubin Fortunato made a financial contribution to Mighty Writers, an organization that helps young writers in the Philadelphia area “think clearly and write with clarity.” As lawyers, Rubin Fortunato knows the power of clarity ... Read More
January 7, 2021
Update: In early May, the DOL withdrew the Trump administration rule that proposed a new multi-factor test for determining independent contractor status. See 86 Fed Reg. 24303. Yesterday, the United States Department of Labor (DOL) announced ... Read More
December 18, 2020
Following the FDA’s recent Emergency Use Authorization for COVID-19 vaccination in the United States, the Equal Employment Opportunity Commission (EEOC) updated its pandemic-related guidance on the impact of various anti-discrimination laws, ... Read More
December 2, 2020
Federal On November 3, 2020, the United States Department of Labor issued two opinion letters that clarify when employers must compensate employees for continuing education or travel time. See our Client Alert on this topic here. On September 23, ... Read More
November 25, 2020
Pennsylvania Governor Tom Wolf issued an Executive Order, effective Friday, November 27, 2020 until further notice, changing how Pennsylvania businesses may operate in light of COVID-19. The Executive Order includes, but is not limited to, the ... Read More
November 17, 2020
Effective November 20, 2020, until January 1, 2021, new COVID-19 restrictions will be in place in the City of Philadelphia to help reduce COVID-19 cases and to prevent hospitals from becoming overwhelmed. The City of Philadelphia will not allow the ... Read More
November 10, 2020
On November 3, 2020, the United States Department of Labor‘s (DOL) Wage and Hour Division (WHD) issued two opinion letters regarding compensable worktime under the Fair Labor Standards Act for employees who (1) attend voluntary training programs ... Read More
October 30, 2020
On October 28, 2020, New Jersey Governor Murphy issued Executive Order No. 192 to ensure the broad application of health and safety standards regarding COVID-19 to protect workers in all industries. The Executive Order becomes effective at 6:00 pm ... Read More
October 28, 2020
The Centers for Disease Control and Prevention (CDC) recently updated its guidance to redefine “close contact” for purposes of COVID-19 exposure. The CDC previously defined close contact as being within six feet of an infected person for 15 or ... Read More
October 2, 2020
Federal On September 22, 2020, President Trump issued an Executive Order prohibiting the use of “divisive concepts” regarding race and sex stereotyping in workplace diversity training offered by the federal government, federal contractors, or ... Read More
September 18, 2020
Last week, the Equal Employment Opportunity Commission (EEOC) revised its guidance regarding COVID-19 inquiries, confidentiality, and reasonable accommodations. We have summarized the key take-aways below. Disability-Related Inquiries The EEOC ... Read More
September 17, 2020
Last month, the Southern District of New York[i] invalidated portions of the U.S. Department of Labor (DOL) final rule (Final Rule) concerning who qualifies for COVID-related emergency paid sick and family leave and the requirements for intermittent ... Read More
August 28, 2020
The Families First Coronavirus Response Act (FFCRA) allows certain employees to take up to two weeks of paid sick leave and to take up to 12 weeks of expanded family and medical leave – ten of which are paid – for specified reasons related to ... Read More
August 13, 2020
Last week, the Southern District of New York[1] invalidated portions of the U.S. Department of Labor (DOL) final rule[2] (Final Rule) concerning who qualifies for coronavirus-related emergency paid sick and family leave and the requirements for ... Read More
August 13, 2020
On August 4, 2020, the Small Business Administration (SBA), in consultation with the Department of the Treasury, released Frequently Asked Questions (FAQs) regarding the loan forgiveness aspects of the Paycheck Protection Program (PPP). Here are ... Read More
August 4, 2020
Federal On June 15, 2020, the United States Supreme Court held that Title VII of the Civil Rights Act protects workers from discrimination based on sexual orientation and gender identity. See Bostock v. Clayton Cty., 590 U.S. ___ (2020); see also ... Read More
July 28, 2020
On July 20, 2020, the U.S. Department of Labor (DOL) updated its COVID-19 guidance to address certain return to work issues under the Families First Coronavirus Response Act (FFCRA), compensation issues under the Fair Labor Standards Act (FLSA), and ... Read More
July 27, 2020
The U.S. Department of Labor Wage and Hour Division (WHD) published the following notice and certification forms to assist covered employers in complying with the Family and Medical Leave Act of 1993 (FMLA). The updated FMLA forms, which are ... Read More
July 20, 2020
On July 16, 2020, Governor Tom Wolf announced the availability of $50 million in grants for employers that are located and operate in Pennsylvania to provide hazard pay to employees in life-sustaining jobs during the coronavirus pandemic (known as ... Read More
July 16, 2020
Late on July 4, President Trump signed into law an extension – until August 8 – of the Paycheck Protection Program (PPP). The amendments also give employers more flexibility and more time to use PPP funds. Specifically, employers have 24 ... Read More
July 14, 2020
On June 16, 2020, the Pennsylvania Supreme Court held that restrictive covenants executed after the first day of employment must be accompanied by additional consideration, or the parties must have agreed to the essential terms of the restrictive ... Read More
June 29, 2020
On Friday, the City of Philadelphia amended its Administrative Code to add a new chapter entitled, Employee Protections in Connection with COVID-19 Emergency Health Order. The amendment is designed to provide workplace protections in emergency ... Read More
June 19, 2020
In a 6-3 landmark decision on Monday, the Supreme Court ruled that Title VII protects gay and transgender workers from discrimination in the workplace. Justice Neil Gorsuch wrote the majority opinion with Chief Justice John Roberts joining the ... Read More
June 10, 2020
Small businesses now have greater flexibility in spending their Paycheck Protection Program loans. On June 5, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020, which is aimed at helping businesses qualify for ... Read More
June 3, 2020
FINRA has amended the rules governing its Membership Application Program (MAP) to address pending arbitration claims and to incentivize the payment of unpaid arbitration awards and settlements.[1] The MAP rules govern FINRA’s review of new ... Read More
June 2, 2020
Federal On May 20, 2020, the United States Department of Labor (DOL) revised its regulation for computing overtime compensation of salaried nonexempt employees who work hours that vary each week (fluctuating workweek) under the Fair Labor Standards ... Read More
May 27, 2020
Last week, the Centers for Disease Control and Prevention (CDC) published CDC Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan for Opening America Up Again, a 60-page document that sets forth criteria for ... Read More
May 20, 2020
On May 15, 2020, the Small Business Administration (SBA), in consultation with the Department of the Treasury, released the Paycheck Protection Program (PPP) Loan Forgiveness Application (“Application”). The PPP was created by the Coronavirus ... Read More
May 20, 2020
On April 13, 2020, we reported that the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued enforcement guidance for recording cases of COVID-19. Under OSHA’s recordkeeping requirements, COVID-19 is a ... Read More
April 27, 2020
Recently, the Superior Court of Pennsylvania handed down two rulings involving protection from production under the attorney-client privilege and the work-product doctrine. Because these cases involved discovery orders compelling the production of ... Read More
April 17, 2020
Today, the Equal Employment Opportunity Commission updated its COVID-19 guidance once again. With respect to accommodations, the updated guidance makes clear that, during the pandemic: employers still are permitted to ask questions or request ... Read More
April 17, 2020
On April 15, 2020, the Pennsylvania Secretary of Health issued an Order with new health and safety measures applicable to all businesses authorized to continue in-person operations within the Commonwealth. Among the new safety measures is the ... Read More
April 17, 2020
Rubin Fortunato is committed to providing information and guidance during the COVID-19 pandemic. Visit this site for key take-aways on the HR and employment law challenges that COVID-19 presents. Rubin Fortunato Client Alerts The CDC Updates Its ... Read More
April 16, 2020
On April 3, 2020, and unrelated to the COVID-19 pandemic, Governor Andrew Cuomo signed Senate Bill 7506B into law, which, among other things, amended the New York Labor Law to include Section 196(b), requiring all New York State employers to provide ... Read More
April 16, 2020
While the impact of COVID-19 continues to be felt across the globe, the impetus to get people back to work increases. For now, in most states, only those who are deemed “essential” are at work. Soon, hopefully, non-essential businesses will ... Read More
April 14, 2020
The Fair Credit Reporting Act (FCRA) protects the privacy rights of consumers by requiring employers who obtain a consumer report about an applicant to provide the applicant with a disclosure stating that it intends to obtain that report. Under ... Read More
April 13, 2020
On Friday, April 10, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued interim guidance for enforcing OSHA’s recordkeeping requirements for recording cases of COVID-19. Employers are responsible for ... Read More
April 10, 2020
Critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, the Centers for Disease Control and Prevention (CDC) advise. The CDC issued this advice to ensure continuity of operations of essential ... Read More
April 9, 2020
In Babb v. Wilkie,[1] the Supreme Court of the United States determined whether the federal-sector provision of the Age Discrimination in Employment Act of 1967 (ADEA)[2] imposes liability only when age is a “but-for cause” of the personnel ... Read More
April 6, 2020
On April 1, 2020, the U.S. Department of Labor (DOL) issued its final regulations on the Families First Coronavirus Response Act (FFCRA). The DOL hosted a webinar on Friday about the regulations using these slides. The slides provide a great ... Read More
April 3, 2020
Small businesses struggling to cover payroll and rent can take advantage of emergency loans from the federal government. Two types of loans are geared toward providing small businesses relief from the COVID-19 pandemic – Paycheck Protection ... Read More
April 2, 2020
It goes without saying (but I will say it anyway) that the biggest news in recent weeks has been the COVID-19 public health concern. Of course, we are committed to providing information and guidance on COVID-19; however, this publication addresses ... Read More
March 30, 2020
The official regulations interpreting the Families First Coronavirus Response Act (FFCRA) are expected soon from the Department of Labor (DOL). In the meantime, the DOL is assisting us with updated guidance periodically. Specifically, the DOL once ... Read More
March 30, 2020
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law on March 27, 2020, greatly expands unemployment insurance nationwide. The new law comes as unemployment claims rose to a record 3.3 million last week and are expected to ... Read More
March 27, 2020
A patchwork of shutdown orders is now in place across the country in response to the novel coronavirus COVID-19. States and localities differ substantially in the types of businesses impacted, the nature of the restrictions, and how long the ... Read More
March 26, 2020
President Trump signed The Families First Coronavirus Response Act into law on March 18, 2020. The Act directed the Secretary of Labor to make publicly available a model of a notice that meets the requirements of the Act within seven days after ... Read More
March 26, 2020
Quarantines and stay-at-home orders won’t prevent law firms, legal departments, and businesses from negotiating transactions using remote technology. But, when it comes to memorializing and authenticating an eventual agreement between the ... Read More
March 24, 2020
Yesterday, the United States Department of Labor (DOL) published a Q&A about the Families First Coronavirus Response Act (FFCRA). The DOL provided guidance on several key issues: Effective date of paid leave provisions: April 1, 2020. The ... Read More
March 23, 2020
On Friday, March 20, 2020, the Internal Revenue Service (IRS) issued a News Release regarding the tax credits available for small and midsized businesses to recover the cost of providing Coronavirus-related leave. The key takeaways, as identified ... Read More
March 22, 2020
Beginning Thursday, March 19, 2020, and continuing over the next few days, New Jersey took several actions to address the nationwide emergency caused by the novel coronavirus known as COVID-19. Several of these steps will have a direct impact on ... Read More
March 22, 2020
The country’s coronavirus numbers are up. California, New York, New Jersey, Illinois, Pennsylvania, and Connecticut have all put in place similar restrictions ordering residents to stay home and shuttering non-life-sustaining businesses. For ... Read More
March 20, 2020
Late on Thursday, March 19, 2020, Governor Tom Wolf ordered all non-life-sustaining businesses in Pennsylvania to close their physical locations no later than 8:00 p.m. on March 19, 2020, to slow the spread of COVID-19. The Commonwealth provided a ... Read More
March 19, 2020
Yesterday, the Equal Employment Opportunity Commission updated its guidance for pandemic preparedness and the Americans with Disabilities Act. The EEOC now addresses the following questions: How much information may an employer request from an ... Read More
March 19, 2020
Rubin, Fortunato & Harbison P.C. is committed to providing periodic updates on information that is critical for employers to know regarding statutory, regulatory, and other developments related to the novel coronavirus COVID-19. The Families ... Read More
March 17, 2020
The current public health crisis is disrupting all of our lives, including our families, our businesses, our employees, and our loved ones. We at Rubin Fortunato pride ourselves on being a Law Firm of Action. Therefore, on behalf of our entire Rubin ... Read More
March 16, 2020
During this uncertain time, we’re here to help you navigate the many questions arising in the workplace related to the COVID-19 pandemic. In addition to the Center for Disease Control (CDC), many federal agencies have issued guidance to ... Read More
February 6, 2020
Part VI of VI – Miscellaneous Laws Federal On December 23, 2019, the National Labor Relations Board returned to former precedent, holding that it will defer to an arbitrator’s decision: when the proceedings were conducted fairly and without ... Read More
February 6, 2020
Part V of VI – Pay Equity, Wage and Hour, and Minimum Wage Federal On January 24, 2020, the U.S. Court of Appeals for the Seventh Circuit created a new framework for district courts to follow in Fair Labor Standards Act collective actions when a ... Read More
February 5, 2020
Megha Patel joined the Firm in January 2020 for a three-month Pre-law internship through Temple University’s Fox School of Business. She is pursuing a B.A. in Legal Studies in Business and Human Resource Management, expects to graduate in the ... Read More
February 4, 2020
Part IV of VI – Discrimination and Harassment Laws Federal On January 15, 2020, the U.S. Court of Appeals for the Eleventh Circuit held that five isolated sexual comments that were made over a four-month period, that were said in a joking ... Read More
February 4, 2020
Part III of VI – Leave and Accommodation Laws California California amended its organ donation leave law, effective January 1, 2020, to provide eligible employees with an additional 30 days of unpaid leave (for a total of 60 days) in a one-year ... Read More
February 3, 2020
Part II of VI – Ban-the-Box, Criminal Expungement, and Marijuana Laws Federal Congress passed the Fair Chance to Compete for Jobs Act of 2019 on December 17, 2019, as part of the National Defense Authorization Act. The law creates a federal ... Read More
February 3, 2020
Part I of VI – Non-Competition Laws California On January 21, 2020, a California appellate court held that an employee’s promise not to compete with an employer while employed does not violate California Business & Professions Code § 16600. ... Read More
December 17, 2019
Throughout the months of October and November 2019, Rubin Fortunato employees collected items to support the mission of the Coatesville Veterans Affairs Medical Center to provide comfort and care to America’s veterans. The donation drive was held ... Read More
December 9, 2019
Federal The National Labor Relation Board (NLRB) found that requiring employees to resolve employment-related claims through arbitration instead of collective action did not restrict the employees’ rights under Section 7 of the National Labor ... Read More
December 6, 2019
On Wednesday, in a room of remarkably talented and energized women at the Women, Diversity & Law: Awareness into Action Summit, I was one of five female attorney panelists leading a discussion about Dealing with Unconscious Bias & ... Read More
December 4, 2019
On December 3, 2019, the U.S. Court of Appeals for the Third Circuit affirmed a decision of Judge John R. Padova of the Eastern District of Pennsylvania granting summary judgment in favor of Temple University Hospital and several of its physicians. ... Read More
September 30, 2019
Federal On September 24, 2019, the U.S. Department of Labor issued its final overtime rule, raising the standard salary level for exempt executive, administrative, and professional employees to $684 per week and raising the total compensation for ... Read More
September 24, 2019
The Women, Diversity & Law: Awareness into Action Summit brings together thought leaders from the fields of law and diversity to explore ways to create lasting change for women and minorities in the legal profession. Rubin Fortunato is pleased ... Read More
July 31, 2019
The courts and legislatures have been busy over the last two months. Thus, this installment of our 60-day newsletter is broken down by subject-matter, with this fifth and last part dealing with important changes not covered in the previous ... Read More
July 30, 2019
The courts and legislatures have been busy over the last two months. Thus, this installment of our 60-day newsletter is broken down by subject-matter. This fourth part deals with changes in ban-the-box, criminal expungement, and marijuana ... Read More
July 26, 2019
The courts and legislatures have been busy over the last two months. Thus, this installment of our 60-day newsletter is broken down by subject-matter, with this third one dealing with changes in laws regarding confidentiality, non-disclosure, and ... Read More
July 25, 2019
The courts and legislatures have been busy over the last two months. Thus, this installment of our 60-day newsletter is broken down by subject-matter. Part II deals with changes in disability, accommodation, and leave laws. Most notable are ... Read More
July 24, 2019
The courts and legislatures have been busy over the last two months. Thus, this installment of our 60-day newsletter will be broken down by subject-matter, with the first dealing with changes in pay and pay equity laws. Most notable are the ... Read More
July 11, 2019
At the end of May 2019, Law360 released its Glass Ceiling Report in which it concluded that a lack of parity continues to exist for female attorneys in private practice. Law360 has republished the report – as recently as this week – in ... Read More
July 1, 2019
The Supreme Court of Pennsylvania recently articulated its view regarding waiver of attorney work-product protection in the context of a disclosure to a third party. In Bousamra v. Excela Health,[1] the court considered the discoverability of a ... Read More
June 27, 2019
Effective July 1, 2019, Pennsylvania will update its laws governing voluntary arbitration agreements by implementing the Revised Uniform Arbitration Act. The Revised Uniform Arbitration Act introduces major changes to the current version of the ... Read More
June 14, 2019
Rubin Fortunato proudly congratulates our attorneys on being selected to the 2019 Pennsylvania Super Lawyers and Rising Stars lists. Gregory S. Rubin, Chairman, Founder, and CEO 16 years selected to Super Lawyers Michael J. Fortunato, President, ... Read More
June 11, 2019
In a unanimous decision authored by Justice Ruth Bader Ginsberg, the United States Supreme Court decided that Title VII’s charge-filing precondition to suit is a claim-processing rule, not a jurisdictional one, and therefore can be waived if not ... Read More
May 30, 2019
Federal On April 22, 2019, the United States Supreme Court granted certiorari in three cases to determine whether sex discrimination under Title VII of the Civil Rights Act includes discrimination on the basis of sexual orientation and gender ... Read More
May 2, 2019
On April 22, 2019, the United States Supreme Court announced that it would decide whether federal anti-discrimination laws protect LGBTQ workers from discrimination by granting certiorari in three cases: Bostock v. Clayton County; Altitude Express, ... Read More
April 10, 2019
The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for certain family or medical reasons.[1] In addition to FMLA leave, many employers provide employees with paid time off (PTO) ... Read More
April 3, 2019
A no-poach agreement binds one employer from hiring employees from another employer. Such restrictions between employers may be stand-alone agreements or appear as clauses within contracts.[2] Recently, antitrust enforcement has been ... Read More
March 13, 2019
PBI’s 25th annual Employment Law Institute will occur at the Pennsylvania Convention Center on Wednesday, April 24 and Thursday, April 25. This year, attorneys from our Firm will present two topics (both presentations are scheduled for ... Read More
January 30, 2019
Most employers who do business in California know that restrictive covenants are just different in the Golden State. Since 1872, California law and public policy have favored worker mobility and open competition.[1] Barring three narrow ... Read More
January 22, 2019
In Feminist Majority Foundation v. University of Mary Washington (UMW), the United States Court of Appeals for the Fourth Circuit ruled that universities have a duty under Title IX[1] to investigate anonymous threats made against students online.[2] ... Read More
January 22, 2019
Judge Marilyn Heffley of the United States District Court for the Eastern District of Pennsylvania granted summary judgment in favor of Temple University Hospital (Temple). Plaintiff Nancy Hernandez, a former medical secretary at Temple, alleged ... Read More
December 18, 2018
Throughout the month of November 2018, Rubin Fortunato collected from its employees 35 purses and hundreds of toiletries and other items to support the Malvern Chapter of Purses Full of Hope. Purses Full of Hope’s mission is founded on the idea ... Read More
November 16, 2018
In Keller v. Pfizer, Inc., Judge Sylvia Rambo of the United States District Court for the Middle District of Pennsylvania[1] provided a tutorial for employers to follow when rolling out arbitration agreements to new employees. Keller filed a ... Read More
April 18, 2018
In honor of National Women’s History Month and in celebration of our Firm’s #1 ranking by the PA Law Journal for highest percentage of female attorneys (59.26%) in a 2017 survey of the largest 100 law firms in Pennsylvania, Rubin Fortunato held ... Read More
March 13, 2018
The United States Court of Appeals for the Second Circuit held in Zarda v. Altitude Express, Inc.[1] that discrimination on the basis of sexual orientation is discrimination “because of . . . sex” and, therefore, is prohibited under Title VII of ... Read More
March 13, 2018
Continuing to Employ a Transitioning Employee Is Not a Substantial Burden on Funeral Home Owner’s Exercise of His Religion As we reported in our September 2, 2016 Alert, Will Religious Beliefs Trump Discrimination Protection for LGBT ... Read More
February 28, 2018
As we reported in our November 13, 2017 Alert, Blowing The Whistle On Whistleblower Protection: Supreme Court To Review Scope Of Whistleblower Protection Under Dodd-Frank Act,[1] the United States Supreme Court was set to address a Circuit split on ... Read More
January 30, 2018
The Philly SHRM Symposium will take place on March 21st and 22nd at the Sheraton Downtown Philadelphia Hotel and urges participants to lead fearlessly. We are proud to join over 400 HR and business professionals in advancing the HR and business ... Read More
January 25, 2018
PBI’s 24th annual Employment Law Institute will occur at the Pennsylvania Convention Center on Thursday, April 26 and Friday, April 27. This year, attorneys from our Firm will present three topics: Christopher S. Koller, Esquire will ... Read More
January 22, 2018
Emerging Issues in Restrictive Covenants and Trade Secrets Promoting the Vitality of Protecting Confidentiality While Passing Harsh Judgments on Restrictive Covenants: All Rhyme, No Reason? Wednesday, January 24, 2018 9am to 12:15pm Philadelphia, ... Read More
January 3, 2018
As we reported in our October 20, 2017 Alert, Under Fire: Supreme Court to Review Mandatory Employee Class Action Waivers,[1] mandatory employment arbitration agreements have been the target of significant reform efforts. Currently, the United ... Read More
November 13, 2017
On November 28, the United States Supreme Court will hear oral argument to determine whether federal law protects whistleblowers who report securities violations internally to their employers without making a report directly to the United States ... Read More
October 20, 2017
On October 2, the United States Supreme Court heard oral argument in a group of consolidated cases[1] to determine whether employees may be required to sign mandatory arbitration agreements that bar them from pursuing work-related claims on a ... Read More
October 20, 2017
As we reported in our January 11, 2016 Alert, Give Me A Break (And Pay For It)[1], the United States District Court for the Eastern District of Pennsylvania held that federal labor law requires employers to pay their employees for all breaks of 20 ... Read More
October 11, 2017
Last month, the United States District Court for the District of Columbia held that, without a showing of concrete financial harm, employees have no standing to sue their employers for loss of personal information in a cyberattack.[1] Recent data ... Read More
September 22, 2017
Last week, the United States Court of Appeals for the Ninth Circuit held that statements made in a Form U-5[1] are absolutely privileged under California law.[2] Certain individuals in the securities or investment banking business are required to be ... Read More
August 3, 2017
The “E” in E-mail Stands for “Evidence”: Proper E-mail Etiquette May Avoid Legal Issues Wednesday, September 13, 2017 12:00 noon EST VIA TELECONFERENCE Presenter: Michael J. Fortunato, Esquire E-mail ptsipras@rubinfortunato.com ... Read More
August 1, 2017
On July 14, 2017, the United States Court of Appeals for the Third Circuit held that a single slur could be severe enough to support a hostile work environment claim. Castleberry v. STI Group, No. 16-3131 (3d Cir. 2017). Castleberry and Brown, two ... Read More
July 26, 2017
Last month, the Pennsylvania Supreme Court declared that former employees do not have a right to inspect their personnel files under the Inspection of Employment Records Law (hereinafter “the Personnel Files Act”). In doing so, the Court ... Read More
April 7, 2017
In a landmark decision, the United States Court of Appeals for the Seventh Circuit recently held in Hively v. Ivy Tech Community College of Indiana[1] that workplace discrimination based on an employee’s sexual orientation is a form of sex ... Read More
February 14, 2017
FINRA formed a task force in June 2014 (the “Task Force”) to consider possible improvements to FINRA’s dispute resolution forum. In December 2015, the Task Force issued a Final Report making 51 recommendations to improve FINRA’s ... Read More
December 9, 2016
Employers often lose their investments in employees when the employees depart for a new firm. Most employers know that California severely limits the ability to restrict employees from departing and taking clients (and revenue) with them. ... Read More
November 1, 2016
Published in The Legal Intelligencer’s Special Section Top Women in Law in November 2016. Rubin Fortunato & Harbison, P.C.’s Female Attorneys on practicing law, client service, and technology. ... Read More
November 1, 2016
The Third Circuit Rules Against Using Paid Non-Work Time to Offset Required Overtime Payments For a number of years, the amount of “wage-and-hour” lawsuits filed annually in courts across the country under the Fair Labor Standards Act ... Read More
November 1, 2016
Throughout October 2016, Rubin Fortunato collected nearly 600 books from its employees to support City Year’s book fair at Anacostia High School. City Year is an education-based nonprofit organization partnered with Americorps that works toward ... Read More
September 16, 2016
Nearly 45 percent of all charges filed with the United States Equal Employment Opportunity Commission (EEOC) – the federal agency that enforces laws against employment discrimination, harassment, and retaliation – include an allegation ... Read More
September 12, 2016
Recently, in State of Texas v. United States, a Texas federal judge temporarily enjoined nationwide enforcement of the Department of Justice (the DOJ) and Department of Education’s (the DOE) (collectively, the Departments) joint directive issued ... Read More
September 2, 2016
On September 25, 2014, the Equal Employment Opportunity Commission (the EEOC) filed its first two transgender Title VII discrimination cases in federal court. Through these cases, the EEOC hoped to establish federal court precedent supporting its ... Read More
July 20, 2016
EEOC Proposes New Pay Data Reporting Requirements For Large Employers The U.S. Equal Employment Opportunity Commission called a full-court press to help eliminate pay disparity by large employers. In January 2016, the EEOC published proposed ... Read More
July 6, 2016
When faced with a charge of discrimination or harassment, most employers are well advised to conduct a full investigation into the charges. However, should employers be concerned that the fruits of such an investigation may be used against them ... Read More
May 12, 2016
In March 2016, North Carolina enacted its Public Facilities Privacy & Security Act, requiring individuals to use restrooms that correspond to the sex listed on their original birth certificates. This law means that transgendered people cannot ... Read More
January 29, 2016
On January 28, 2016, a unanimous federal court jury in the Eastern District of Pennsylvania found that Temple Health Systems (“Temple”) did not retaliate against a former registered nurse at Jeanes Hospital, in violation of Title VII of the ... Read More
January 11, 2016
As we reported in November 2015, the U.S. Court of Appeals for the Third Circuit held that under the Fair Labor Standards Act (“FLSA”), an employer need not pay employees during meal breaks that predominantly benefit the employee. See Babcock v. ... Read More
November 25, 2015
Employers usually want to take a break when trying to navigate the complicated and ever-changing legal landscape of the Fair Labor Standards Act (FLSA). Signed into law over 75 years ago by President Franklin D. Roosevelt, the FLSA is an integral ... Read More
November 20, 2015
As we discussed in a Client Alert in the middle of 2014, employers occasionally realize that their current employees did not sign post-employment restrictive covenants when they were hired. Over the years, the company has grown or changed, and the ... Read More
November 13, 2015
Throughout October 2015, Rubin Fortunato collected over 180 items, including suits, separates, handbags, shoes, jewelry, and accessories for the Philadelphia affiliate of Dress for Success. We were proud to partner with this global, not-for-profit ... Read More
April 30, 2015
Imagine a typical employment dispute that results in litigation, with the plaintiff alleging racial discrimination and the defendant denying it did anything wrong. Imagine that the plaintiff and defendant reach a settlement before trial, and ... Read More
April 24, 2015
In Young v. United Parcel Service, Inc., the Supreme Court determined that employers may be on the hook for discrimination claims under the Pregnancy Discrimination Act (“PDA”), 42 U.S.C. 2000e(k), if they accommodate nonpregnant employees but ... Read More
March 26, 2015
On February 12, 2015, the City of Philadelphia, Pennsylvania signed into law the Promoting Healthy Families and Workplaces Ordinance. Highlights The Ordinance requires employers with 10 or more employees to provide up to one hour of paid sick time ... Read More
February 13, 2015
In September, the Judicial Conference Committee on Rules of Practice and Procedure approved the most recent version of proposed amendments to the Federal Rules of Civil Procedure. These amendments are subject to review and approval by the United ... Read More
January 22, 2015
The law surrounding restrictive covenants, including non-competes, is continuing to evolve. As with any contract, an employee’s promise to restrict certain competitive activity is conditioned upon the employer’s promise to give the employee some ... Read More
August 14, 2014
On August 12, 2014, California’s Second Appellate Division held that employers must reimburse employees when they use their personal cell phones for work-related phone calls. In Cochran v. Schwan’s Home Service, Inc. the California Court of ... Read More
June 4, 2014
40% of Our Eligible Lawyers Have Been Recognized as Super Lawyers or Rising Stars. RubinFortunato is a 35-attorney “employment law boutique” situated in the Western Main Line of Philadelphia. It ranked 54th of the largest PA Law 100 law ... Read More
May 30, 2014
Pennsylvania courts have long required that when an employee signs an agreement that contains post-employment restrictive covenants, he or she must receive something in return. In legal terms, there must be “valuable consideration” to the ... Read More
April 10, 2014
A former employee of Merrill Lunch, Pierce, Fenner & Smith will have to pay the securities brokerage firm more than $200,000, plus interest, now that a federal judge has upheld an arbitration award. Just over $80,000 of the total ... Read More
April 3, 2014
On April 1, 2014, the Pennsylvania Superior Court decided Murray v. Albright College which not only impacts Pennsylvania colleges and universities, but could provide persuasive authority for courts across the nation. The Superior Court held that the ... Read More
March 20, 2014
On March 17, 2014, California’s Fourth Appellate Division published its decision in Purcell v. Schweitzer, holding that – despite the best efforts of the lawyers in that case to ensure that a breach of a settlement agreement would result in a ... Read More
November 28, 2011
The U.S. Supreme Court this morning agreed to consider whether pharmaceutical sales representatives are covered by federal overtime pay requirements. Two former GlaxoSmithKline sales representatives filed the appeal seeking overtime pay and a ... Read More
March 2, 2011
While 2010 year-end industry reports cited women attorneys hitting a five-year low at law firms, one local firm has not only bucked that trend, but been cited as one of the top firms for women in the state of Pennsylvania. Paoli-based employment ... Read More
January 3, 2011
Rubin Fortunato & Harbison P.C. has helped nonprofit organization “Cradles to Crayons” start off the new year in a great way by donating $10,000 to the charity and highlighting some of the 550 area agencies it serves. A year-end ... Read More
December 15, 2010
The Paoli-based boutique Employment Law firm of Rubin Fortunato & Harbison P.C. has again prevailed on behalf of a client in an arbitration claim before the Financial Industry Regulatory Authority (FINRA). While the forum and claim in this ... Read More
May 2, 2010
Rubin Fortunato shares information on one implication the Patient Protection and Affordable Care Act will have on the workplace for employers. Although it was widely discussed for its impact on health insurance, the recent Patient Protection and ... Read More
March 1, 2010
The Paoli law firm of Rubin, Fortunato & Harbison P.C. is ranked number one in Pennsylvania for percentage of female attorneys, according to an industry report released by Pennsylvania Law Weekly. The recently released “PaLAW Annual Report ... Read More
October 5, 2008
Reprinted from the October 5th, 2008 edition of the Daily Local News of West Chester, PA. Story by Daily Local News Staff Writer Gretchen Metz. Employment lawyer Michael J. Fortunato recently won a $1.8 million award, plus attorneys’ fees, for ... Read More
September 29, 2008
This article appeared in the September 29, 2008 edition of The Legal Intelligencer. Story by Gina Passarella. A federal jury awarded a Coatesville, Pa., man nearly $1.8 million for a wrongful termination claim, finding his termination was in ... Read More
August 11, 2008
This article appeared in the August 11, 2008 edition of The National Law Journal. Story by Pamela A. MacLean. A Philadelphia jury’s recent rejection of one of the first Sarbanes-Oxley suits on whistleblower retaliation to go to trial may give ... Read More
