Use of Criminal Background Checks in the Hiring Process: What New EEOC Guidelines Mean for Pennsylvania Employers Michael E. Rowan General Counsel, Pennsylvania Restaurant & Lodging Association A criminal background is a common, and often useful, component of the hiring process for many employers in the hospitality industry.  However, in light of recent pronouncements by

The Pregnancy Discrimination Act:  the Forgotten Right of Female Employees By Marc G. Tarlow Shumaker Williams, P.C.   Recently, a prominent tech company hired a CEO who at the time of hire is pregnant.  With a view to how the workplace has continued to change, it seemed a good time to review a right of

By Jane G. Davis Shumaker Williams, P.C. The Jumpstart Our Business Startups Act (the “JOBS Act”) enacted in April 2012 provides for a new method of raising capital without requiring registration of the offering with the Securities and Exchange Commission (the “SEC”).  The securities offered will also be exempt from state registration requirements and, in

Although the articles written in this space over the past five years regarding employment law have tended to review distinct developments in the law, these are very “interesting times” and merit a moment to reflect how the legal and political events of the last six months augur a new period in management/employee relations.  When developments and

By: Rachel M. Wolf The Housing and Economic Recovery Act, designed primarily to address the so-called subprime mortgage crisis, was signed into law on July 30, 2008.  The law includes the SAFE Mortgage Licensing Act, also entitled the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (the “Safe Act”).  The Safe Act requires

by Martin B. Ellis In the world of modern banking, most banks give customers same-day or next-day availability for both local and non-local check deposits.  The vast majority of these “provisional” credits are finalized by the ultimate collection of the checks which gave rise to them.  The ability to write checks against such provisional credits gives a

by Jane G. Davis The Securities and Exchange Commission (“SEC”) has enacted new rules that will impact companies that do not file reports with the SEC as well as those that do. The sale of securities by a company requires that those securities be registered with the SEC and/or the state where the securities are

By: Marc G. Tarlow Family Responsibility Discrimination (“FRD”), or discrimination by which employees are treated worse than other employees because of caregiving responsibilities to children, spouses or parents, is coming to the forefront of potential employer liability. Not only does this type of discrimination implicate a variety of statutes, but employees are prevailing in lawsuits with

by Ashley M. Galloway The stock market troubles of recent months have focused many on their diminishing retirement nest eggs.  Most 401(k) plans are “self-directed,” meaning plan participants decide, and are responsible for, how their accounts are invested.  However, there are any number of potential hazards for 401(k) plan administrators, including under self-directed account plans,

by J. Steven Lovejoy The Supreme Court of Pennsylvania, in Salley v. Option One Mortgage Corp., recently upheld a mortgage company’s right to enforce a “one-sided” arbitration provision in a loan agreement with a consumer. The agreement in question required the borrower to proceed with any claim against the mortgage company through arbitration while allowing

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