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Employment

Our team is ready to guide you through the complex employment issues facing business today.

Your Counselors on Call

We pride ourselves on being your “Counselors on Call,” providing responsive, coordinated representation in all aspects of labor and employment. We provide effective counsel to public and private sector employers in employment, labor, employee benefits, workers’ compensation, and immigration. Our clients range from family-owned businesses to some of the largest employers in the region. We counsel industries including retail, higher education, manufacturing, construction, hospitals and health care, communications and printing, professional services, food processing and non-profit organizations.

Our Experience

Our experience covers a wide range of employment matters, including:

  • General counseling of employers on issues stemming from hiring, discipline, termination, Americans with Disabilities Act (ADA) compliance and Family and Medical Leave Act (FMLA) compliance
  • Policy review, including review of employee handbooks and manuals, substance abuse testing, electronic communications, document retention and other areas
  • Workforce reductions
  • Separation agreements
  • Wage and hour compliance, including compliance with the Fair Labor Standards Act and state wage payment and collection laws
  • Compliance with military leave laws
  • Union Organizing Compliance
  • Grievance Arbitrations
  • Affirmative Action plans and OFCCP audits
  • Audits of employment practices
  • I-9 and Immigration matters
  • Workers’ Compensation
  • Unemployment Compensation
  • Employee health and welfare benefit plan issues
  • Mediation – for specific information on our mediation services, visit our Litigation page here

Employment Training

We regularly host Employment Training Programs that provide practical guidance, knowledge and resources to help your management team act decisively and minimize legal risk by staying up-to-date with the myriad of changes in employment law. Contact us and ask about our training programs including:

  • Discipline and Discharge
  • Effective Documentation in the Workplace
  • FMLA/ADA/Workers’ Compensation Interplay
  • HIPAA Compliance
  • I-9 Compliance
  • Legal Issues in Hiring
  • OSHA compliance
  • Pre-Employment Screening and Testing
  • Risk Management Strategies for Managers
  • Sexual and Other Harassment
  • Social Media in the Workplace
  • Strategies to Reduce Workplace Violence
  • Understanding Your Affirmative Action Obligations as a Government Contractor
  • Union Organizing Compliance
  • Wage and Hour Compliance
  • Workers’ Compensation

We also have the ability to provide many of these programs in Spanish for employers with large Spanish-speaking employee populations.

We also feature a Crisis Management Service Team comprised of dedicated professionals who are experienced in handling a broad range of critical crisis type scenarios. This team is poised to identify and execute strategies that can help a business navigate through a range of disruptive and tragic events. Click here to learn more here.

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August 21, 2024

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Barley Snyder Partner Jill Sebest Welch Elected President of Local Boy Scouts’ Pennsylvania Dutch Council

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Barley Snyder 2022 Year In Review

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February 24, 2023

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“Mere Proffer” of Severance Agreement violates the NLRA, Board Rules

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More Health Plan Changes for Plan Sponsors with the Anticipated End of the COVID Emergency Period Looming

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January 20, 2023

Court Restores More Union-Friendly Election Rules

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January 17, 2023

Year-End Legislation Also Impacts Health Plans

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January 9, 2023

The Federal Government Passes Two New Statutory Acts Further Protecting Pregnant and Nursing Mothers

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January 9, 2023

New FTC Proposed Rule to Ban Non-Compete Clauses

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January 5, 2023

Year-End Legislation Impacts Retirement Plans

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January 3, 2023

Barley Snyder Named a “U.S. News – Best Lawyers® ‘Best Law Firm’” 26 Times

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Barley Snyder Attorneys Brian Ott and Keith Mooney named to Lehigh Valley Business’s Law Power List

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The (Official) Return of the Micro-Unit: NLRB Decision Reinstates Obama-era Standard for “Appropriate” Bargaining Unit Composition

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November 30, 2022

Barley Snyder Partner Joshua L. Schwartz Aids Lancaster Public Library’s Capital Campaign to Relocate and Upgrade Facility

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November 10, 2022

Barley Snyder Partner David J. Freedman honored by George Mason University Alumni Association

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November 9, 2022

New NLRB Majority Issues Notice of Proposed Rulemaking to Reverse Several Rules Enacted by the Prior Board

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DOL Issues New Proposed Independent Contractor Classification Rule

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August 1, 2022

EEOC: COVID-19 Screening Now Must Meet Business Necessity Test

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June 23, 2022

EEOC Updates Guidance on Employer Use of Assessment Software, Algorithms and AI

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May 25, 2022

Losing the Forest for the Trees: Third Circuit Reverses NLRB in ‘Joke’ v. ‘Threat’ ULP Case

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April 20, 2022

Temporary I-9 Policies Related to COVID-19 Ending Soon

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February 7, 2022

Employment Law 2021 Year in Review

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January 13, 2022

SCOTUS Halts OSHA Vaccine Requirement, CMS Requirement OK’d

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January 10, 2022

Court Expands Fee Shifting in Workers’ Comp Cases

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January 4, 2022

Barley Snyder Affiliates with Wyomissing Law Firm Leisawitz Heller

For Immediate Release  Lancaster/Reading, Pa. – In its biggest strategic transaction in more than 30 years, ...

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December 28, 2021

Early COVID Emergency Standard from OSHA Expires

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December 28, 2021

Status Update: Where Do Courts Stand on Vaccine Mandates? (UPDATED)

NOTE: With legal challenges to the federal vaccine mandates coming quickly, we’ll update this alert when new decisions ...

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Press Release
November 22, 2021

Barley Snyder a “Best Law Firm” More than Two Dozen Times

For Immediate Release  Lancaster, Pa. – Barley Snyder is proud to announce that U.S. News & World Report...

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Press Release
November 10, 2021

Barley Snyder Partner Freedman Wins Alumni Award

For Immediate Release  Lancaster, Pa. – The George Mason University College of Humanities and Social Sciences has...

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Press Release
November 9, 2021

Barley Snyder Partner Named “Top Black Director”

For Immediate Release  Lancaster, Pa. – Savoy Magazine has included Barley Snyder partner Jennifer Crai...

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Press Release
November 4, 2021

Three Attorneys Added to Barley Snyder Roster

For Immediate Release  Lancaster, Pa. – Barley Snyder continues to add to its group of attorneys, as the firm has...

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News Alert
November 4, 2021

CMS Releases its Emergency Regulation Mandating Vaccination

The Centers for Medicare & Medicaid Services (CMS) has released its emergency regulation which requires mandato...

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News Alert
November 1, 2021

A Softer Federal Contractor Vaccination Deadline

The December 8 deadline looms for federal contractors to have their workforces vaccinated against COVID-19. But according to ...

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Press Release
October 18, 2021

Barley Snyder Professionals Honored in CPBJ “Legal Excellence Awards”

For Immediate Release  Lancaster, Pa. – The Central Penn Business Journal has announced that eight Barley Snyder ...

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News Alert
October 14, 2021

OSHA Sends Rule to White House for Approval

The Occupational Safety and Health Administration’s emergency rule concerning vaccination mandates at large and some medium...

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News Alert
October 11, 2021

Employers Can Make Plan Premium Discounts or Surcharges Dependent on Vaccination Status

On October 4, 2021, the Department of Labor, Health and Human Services, and the Treasury released a jointly prepared FAQ...

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Press Release
September 30, 2021

Barley Snyder Partner David Freedman Receives 3rd Light of Liberty Award

For Immediate Release Lancaster, Pa. – For a third time, the Pennsylvania Immigration Resource Council has awarded Bar...

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News Alert
September 27, 2021

Guidance Released for Federal Contractors

Federal contractors must be vaccinated by December to work for the U.S. government, according to guidance released late last ...

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News Alert
September 22, 2021

International Travel Bans to be Eased in November

After more than 18 months of COVID-19 travel bans restricting foreign nationals from certain countries from entering the Unit...

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News Alert
September 13, 2021

Federal Contractors Subject to Vaccination Requirement

A new executive order from President Joe Biden requiring most federal contractors to be COVID-19 vaccinated erases previous, ...

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September 10, 2021

100M U.S. Workers to be Affected by Vaccine Mandate

President Joe Biden has announced a new vaccine and testing mandate that applies not only to federal employees – as was ori...

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Press Release
August 30, 2021

Barley Snyder Partner Crocenzi Named President of Board

For Immediate Release  York, Pa. – LifePath Christian Ministries of York has named Barley Snyder partner Mic...

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Press Release
August 25, 2021

“Best Lawyers” Honors 30 Barley Attorneys

For Immediate Release  Lancaster, Pa. – Barley Snyder is pleased to announce that the prestigious “Best Lawyers...

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News Alert
August 24, 2021

Pa. Repeals OT Rule and White Collar Exemptions

There has been considerable upheaval in Pennsylvania’s overtime regulations as a result of Gov. Tom Wolf’s 2021-2022 budg...

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News Alert
August 18, 2021

Amazon Must Pay Associates for Security Checks

The Pennsylvania Supreme Court ruled that time spent by Amazon employees in mandatory security checks at the end of their shi...

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News Alert
August 16, 2021

OSHA Updates COVID Guidance for Employers

There is now updated federal guidance on COVID-19 issues in the workplace to reflect new medical recommendations. The U.S. De...

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August 13, 2021

New Court Ruling Takes Aim at Pay for Short-Term Military Leave

A recent federal appeals court ruling should be a strong warning to employers to re-evaluate their policies on employee leave...

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July 14, 2021

Expanded Employment Training Offered

For Immediate Release  Lancaster, Pa. – With laws and regulations changing daily in a post-pandemic world, Barley...

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July 9, 2021

Is the Pandemic Over for Businesses?

Pennsylvania’s COVID-19 related restrictions and emergency regulations, including mask requirements and social distancing, ...

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News Alert
June 29, 2021

Supreme Court “Takings” Decision Doesn’t Alter Employee Union Organizing

A recent U.S. Supreme Court decision may have hampered the ability of external union organizers to solicit agricultural emplo...

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News Alert
June 24, 2021

DOL Reverses Course on Tipped Employee Dual Jobs Rule

The U.S. Department of Labor released a proposed rule this week aimed at providing more clarity to employers of tipped employ...

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News Alert
June 10, 2021

OSHA Finally Issues ETS for COVID-19

In the wake of the COVID-19 pandemic, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) h...

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News Alert
June 1, 2021

EEOC OKs Employer-Provided COVID-19 Vaccine Incentives

The U.S. Equal Employment Opportunity Commission recently updated its COVID-19 technical assistance that gives employers the ...

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News Alert
May 27, 2021

Employee Vaccine Exemption Reviews Available

With companies preparing for employees to return to physical workplaces or offices, if you are an employer that is requiring ...

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Press Release
May 26, 2021

Eleven Barley Snyder Attorneys Named Super Lawyers

For Immediate Release  Lancaster, Pa. – Barley Snyder is pleased to announce 11 of its attorneys have been named ...

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News Alert
May 25, 2021

OSHA Nixes Recording Obligations for Vaccine Mandates

The U.S. Department of Labor Occupational Safety and Health Administration has revised its FAQs and is no longer requiring CO...

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News Alert
May 14, 2021

UPDATE: Pa. Mask Mandate to End by June 28

UPDATE: Pennsylvania officials have announced that the state’s mask mandate will end on either June 28, or when the sta...

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News Alert
May 7, 2021

RIP, Independent Contractor Rule

News broke in the winter that the independent contractor rule that former president Donald Trump proposed looked to be dead,...

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News Alert
May 4, 2021

Pa. to Ease Restrictions, but Not Masking (Yet)

Pennsylvania has joined some of its neighbors in announcing a timetable to lift COVID-related restrictions on businesses acro...

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News Alert
April 30, 2021

Pennsylvania Supreme Court Bars No-Hire Agreements

You may have seen “no-hire” or “no-poach” agreements – provisions barring your company from hiring away the employe...

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News Alert
April 29, 2021

Biden Ups Minimum Wage for Contractors

As the call for a higher minimum wage gets louder across the county, President Joe Biden did his part Tuesday by increasing t...

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News Alert
April 26, 2021

Tax Credits Available for Vaccination Sick Leave

To further support his agenda to have nearly all Americans fully vaccinated by July, President Joe Biden recently highlighted...

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News Alert
April 22, 2021

OSHA’s Obligations for Employers Requiring Vaccines

The U.S. Department of Labor Occupational Safety and Health Administration has released a new FAQ sheet to guide em...

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News Alert
April 19, 2021

New DOL Guidance on Cybersecurity and Retirement Plans

$9 trillion. That’s how much the U.S. Department of Labor estimates retirement plans hold in this country, making them a pr...

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News Alert
April 5, 2021

NLRB: Bosses Shouldn’t be Anti-Union Tweeting

A recent National Labor Relations Board ruling – one that has garnered backlash from some celebrities – gives further pro...

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News Alert
March 17, 2021

OSHA Launches Program to Address COVID-19 Safety

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has taken several steps to increase ins...

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News Alert
March 16, 2021

Another NLRB Rule Reversed

The National Labor Relations Board continues to reverse former President Donald Trump-era labor policy and last week res...

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News Alert
March 15, 2021

American Rescue Plan Extends Tax Credits, Funds COBRA

Lawmakers have passed the American Rescue Plan Act, allowing companies to continue receiving tax credits under certain condit...

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News Alert
March 9, 2021

Employers: Will The PRO Act Affect You?

This week, Congress plans to vote on the Protecting the Right to Organize (PRO) Act, which likely will mean drastic pro-...

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News Alert
March 2, 2021

“Tip Credit” Final Rule Delayed

Amid a flurry of activity with the change in federal administration, the U.S. Department of Labor has decided to delay the ef...

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News Alert
February 22, 2021

DOL’s Independent Contractor Rule on Life Support

The U.S. Department of Labor looks like it may scrap a final rule that would have given clarity to the long-standing uncertai...

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News Alert
February 18, 2021

Workplace COVID-19 Vaccines – To Mandate or Not?

As the availability and administration rate of the COVID-19 vaccine ramps up across the Commonwealth and industry experts are...

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News Alert
February 17, 2021

Get Ready for H-1B Lottery Season

H-1B cap filing season is upon us, and like last year, employers must preregister their H-1B candidates online to enter the a...

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News Alert
February 10, 2021

Changing Faces of Biden’s NLRB

President Joe Biden’s early agenda as commander-in-chief includes a sea change of key players at the National Labor Relatio...

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News Alert
February 9, 2021

Avoid Immigration-Based Violations in Hiring Process

Two prominent companies – Quantum and SpaceX – caught the ire of the U.S. Department of Justice recently for allegedly ma...

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News Alert
February 3, 2021

“Tip Credit” Final Rule Could Spark Controversy

A U.S. Department of Labor final rule handed down in the last days of the administration of former President Trump concerning...

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News Alert
February 2, 2021

OSHA Provides Updated COVID-19 Guidance

The U.S. Department of Labor Occupational Safety and Health Administration has issued extensive new guidance on mit...

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Press Release
February 1, 2021

Barley Snyder Attorneys Elected to Lancaster Bar Posts

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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Uncategorized
January 12, 2021

COVID-19 Vaccine Webinar Series

Please join us for the remaining sessions of our Vaccine Webinar Series! In this industry-focused series, our attorneys will ...

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News Alert
January 11, 2021

DOL Explains Compensable Time for Teleworkers

In the new world of remote working, a new opinion letter from the U.S. Department of Labor tries to lay out what is and isn...

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News Alert
January 8, 2021

DOL Final Rule Establishes Independent Contractor Test

Employers have faced uncertainty over the Fair Labor Standards Act definition of an independent contractor for years, but the...

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Press Release
January 5, 2021

Fixing the U Visa Backlog

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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Press Release
December 31, 2020

Barley Snyder Attorney Yerger Named to Chamber Board

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
December 28, 2020

FFCRA to Expire, but Its Benefits to Live On

After a flurry of activity before Congress’ Christmas break and a threatened presidential veto, the latest COVID-19 relief ...

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News Alert
December 17, 2020

EEOC Issues Guidance on COVID-19 Vaccine

Employers have been waiting for weeks or longer to find out if the federal Equal Employment Opportunity Commission would be m...

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News Alert
December 11, 2020

Governor Wolf Announces New COVID-19 Restrictions

After widespread reports of rising COVID-19 case numbers, hospitalizations and deaths, Gov. Wolf on Thursday announced a tigh...

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News Alert
December 7, 2020

New Quarantine Guidance Affects Employers

New quarantine recommendations in Pennsylvania mean employers have new standards as to how long their employees need to be aw...

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Newsletter
December 1, 2020

Employment Law 2020 Year in Review

TABLE OF CONTENTS Message from our Employment Practice Group ChairCrisis Management Service TeamA Look Back at Our 2020 Emplo...

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News Alert
November 30, 2020

Barley Snyder Attorney Yerger Named Arbitrator

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
November 30, 2020

UPDATE: New Travel Restrictions Place Employers in a Bind

(Note: This document will be updated periodically as Pennsyvania’s travel restrictions evolve during the holiday season...

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News Alert
November 24, 2020

New Set of COVID-19 Restrictions Hit Even Harder

A new set of restrictions designed to mitigate the spread of COVID-19 in Pennsylvania announced November 23 will af...

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News Alert
November 23, 2020

Should Employers be Preparing to Mandate COVID-19 Vaccines?

Employers are starting to examine whether they can or can’t require their workers to use a COVID-19 vaccine when it becomes...

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Press Release
November 6, 2020

Barley Snyder Named “Best Law Firm” in 21 Categories

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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Press Release
November 2, 2020

Barley Snyder Attorney Mayer Named to CAP Board

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
October 28, 2020

New CDC “Close Contact” Guidance Affects Employers

A change in the definition of “close contact” for purposes of COVID-19 exposure increases the number of people advised to...

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News Alert
October 27, 2020

2021 Cost-of-Living Adjustments

The IRS and Social Security Administration have announced the 2021 cost-of-living adjustments for retirement plans. Here are ...

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News Alert
October 9, 2020

Executive Order Warns Government Contractors About Race or Sex Stereotyping

A recent executive order from President Donald Trump could cause some changes in federal workplace training programs – incl...

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News Alert
October 5, 2020

Pennsylvania’s New Overtime Regulations Are Finally Final

Pennsylvania’s new overtime rules were finally published in the Pennsylvania Bulletin on October 3, bringing a long-running...

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News Alert
September 23, 2020

Pa. Supreme Court Takes on Timing of Non-Compete Agreements

A recent case in front of the Pennsylvania Supreme Court has clarified some timing parameters of non-compete agreements. For ...

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News Alert
September 18, 2020

Barley Snyder Attorney Mayer Named to Boys & Girls Club Board

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
September 14, 2020

DOL Holds Firm on Several FFCRA Paid Leave Provisions

Quick on the heels of the New York federal court decision invalidating four aspects of the U.S. Department of Labor’s Famil...

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News Alert
September 11, 2020

Telework: Is Forever a Reasonable Accommodation?

Has the COVID-19 pandemic changed the reasonable accommodation standards under the Americans with Disabilities Act? As employ...

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Press Release
September 10, 2020

Summer Associate Program, Pandemic Style

When the world went into shutdown mode, Caleb Setlock couldn’t help but be worried. Earlier during his second year of law s...

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News Alert
August 31, 2020

COVID-19: New Guidance Issued on Paid Leave as Schools Open

Going into the beginning of the school year, one of the most frequently asked questions to our team was how virtual or part-t...

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News Alert
August 26, 2020

USCIS Takes Emergency Step for Employment Verification

The U.S. Citizenship and Immigration Services has come up with a temporary solution for companies dealing with extreme delays...

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Press Release
August 20, 2020

Nearly Thirty Barley Snyder Attorneys Named “Best Lawyers”

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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Press Release
July 27, 2020

Barley Snyder Partner David Freedman Named to Statewide COVID-19 Task Force

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
July 22, 2020

Revised FMLA Forms Now Available

The U.S. Department of Labor has introduced newly revised forms for employers to use when employees seek and use le...

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News Alert
July 21, 2020

My Company Performed Diversity Training. Now What?

(This article originally appeared on the Lancaster Chamber’s website as part of its “Words That Activat...

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News Alert
July 20, 2020

Pennsylvania Releases Hazard Pay Grant Application

With the unemployment expansion resulting in some laid-off individuals earning more than essential workers, many groups of em...

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News Alert
July 16, 2020

New Pennsylvania Restrictions: Mandatory Telework, Limits on Restaurants, Bars, Nightclubs, and Fitness Centers

Pa. Gov. Tom Wolf and Secretary of Health Rachel Levine jointly announced new COVID-19 mitigation restrictions in an Order re...

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News Alert
July 2, 2020

Scope of Temporary Visa Ban Remains Unclear

Individuals living and working in the U.S. on temporary visas may still want to hold off on plans for international travel in...

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News Alert
June 29, 2020

Camp Closures Now Covered for Paid Employee Leave Under FFCRA

The U.S. Department of Labor has issued new guidelines for when eligible employees may take paid family leave for the closure...

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News Alert
June 24, 2020

Extended “Immigration Ban” Suspends Popular Temporary Visas

The rest of 2020 will be a difficult year for employers seeking to hire foreign nationals currently located outside the U.S. ...

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News Alert
June 18, 2020

Supreme Court Blocks DACA Elimination

In the second culturally important decision this week, the U.S. Supreme Court has ruled that President Donald Trump did not f...

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News Alert
June 16, 2020

Now Limited Protz Retroactivity in Workers’ Compensation Cases

When the Pennsylvania Supreme Court declared impairment rating evaluations (IREs) to be unconstitutional in the Pro...

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News Alert
June 15, 2020

Supreme Court’s Title VII Ruling: What it Means for Your Business

In a landmark decision today, the U.S. Supreme Court ruled that employees cannot be fired based on gay or transgender status....

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News Alert
June 12, 2020

EEOC Addresses Thorny COVID-19 Issues

With more and more facets of the workforce returning to work, the Equal Employment Opportunity Commission has updated its gui...

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News Alert
June 12, 2020

Did Your Employee Contract COVID-19 at Work?

The U.S. Department of Labor Occupational Safety and Health Administration has issued new guidance regarding an employer’s ...

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News Alert
June 11, 2020

Is Pennsylvania’s State of Emergency Still in Place?

Confusion within the business community is rampant as Pennsylvania legislators and the state’s leader are at public odds ov...

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News Alert
June 2, 2020

Legal Risks of Recording Video Conference Calls

As our video conferencing technology continues to advance and its popularity rises, so do the legal issues surrounding it and...

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News Alert
June 2, 2020

LATEST UPDATE: Business Closure List, June 2

UPDATE June 2: Pennsylvania has again updated its FAQ sheet concerning “life-sustaining” businesses. You can...

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News Alert
May 28, 2020

Updated Reopening Guidance to Help Small Biz

New guidance from Gov. Tom Wolf will allow some of the small businesses hit hardest by the COVID-19 pandemic to open on a ver...

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News Alert
May 27, 2020

Temporary to Permanent: Layoffs Trigger WARN Act

Two months ago, businesses were ordered to close their doors to battle the coronavirus pandemic, and many were forced to temp...

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News Alert
May 19, 2020

Reopening Your Business: 10 Pennsylvania Mandates You Need to Know

As more counties move into the “yellow phase” of reopening during the COVID-19 pandemic, the state has laid out its essen...

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News Alert
May 14, 2020

Businesses Must Post State’s Guidelines

As more counties move into the yellow phase of re-opening, the Pennsylvania Department of Health is requiring businesses cond...

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News Alert
May 12, 2020

Defying Governor’s Order is a Risky Proposition

Non-life-sustaining businesses that reopen in Pennsylvania counties not yet moved to the “yellow” or “green” phase of...

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News Alert
May 7, 2020

Back to Business: Part 3

Note: This is the third in a three-part series on what business should be considering as they prepare to reopen – whenever ...

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News Alert
May 6, 2020

Back to Business: Part 2

Note: This is the second a three-part series on what business should be considering as they prepare to reopen – whenev...

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News Alert
May 5, 2020

Back to Business: Part 1

Note: This is the first of a three-part series on things employers need to watch for when reopening their businesses. With si...

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News Alert
May 1, 2020

DOL Letter Clarifies COVID-19 Unemployment Benefits

A person who refuses to return to work when a business reopens just so they can continue to collect unemployment will no long...

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News Alert
April 29, 2020

Trump, OSHA, CDC Work to Keep Meat and Poultry Producers Safely Open

On the heels of a federal complaint filed against Smithfield Foods, the federal Occupational Safety and Health Administration...

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News Alert
April 24, 2020

Pennsylvania Issues Guidance to Reopening of Construction Industry

The construction industry is looking forward to its May 1 reopening date, but the state wants to make sure that companies and...

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News Alert
April 24, 2020

EEOC Allows Employers to Test Employees for COVID-19

The Equal Employment Opportunity Commission said this week that once companies start reopening their businesses, employers ca...

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News Alert
April 23, 2020

“Immigration Ban” Has Limited Reach (for Now)

Yesterday, President Donald Trump issued an executive order implementing a partial suspension of foreign nationals entering t...

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News Alert
April 21, 2020

Updated Orders Allow Certain Sectors in Pennsylvania to Operate

More than one month after the initial order suspending in-person operations for all businesses deemed “non-life-sustaining,...

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News Alert
April 20, 2020

State Releases FAQ on Mask Requirements

Pennsylvania has offered further guidance to businesses regarding the mask requirement and the other mandates imposed in the ...

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News Alert
April 15, 2020

New Public Health Requirements – Including Masks – Imposed on Essential Employers

Pennsylvania Secretary of Health Rachel Levine has signed an order directing all businesses that remain open to take add...

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News Alert
April 6, 2020

OSHA Issues New Guidance on Use of N95 Respirators

In the wake of the coronavirus outbreak and the shortage of N95 filtering facepiece respirators (FFRs), the Occupational Safe...

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News Alert
April 2, 2020

New Regulations Released for Families First Coronavirus Response Act

The U.S. Department of Labor yesterday issued temporary regulations interpreting and clarifying the Families First Coronaviru...

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News Alert
April 2, 2020

Avoiding Zoom-Bombing in the New Age of Meetings

An unwelcome intruder who infiltrates the workplace or classroom and disrupts a meeting by acting erratically and blurting ou...

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News Alert
April 2, 2020

Pa. Business Exemption Waiver Deadline Set for Friday

The Pennsylvania Department of Community and Economic Development has set the deadline to apply for waiver exemptions from th...

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News Alert
March 31, 2020

How the CARES Act Stimulus Package Could Affect Your Business (UPDATE)

UPDATE, March 31: This article has been updated with more specific intormation on retirement plans.  With Friday’s pas...

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News Alert
March 31, 2020

DOL: Employers Must Document Paid Leave for Payroll Tax Credit

Employers must document employees’ need for leave if they wish to take advantage of payroll tax credits provided by the Fam...

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News Alert
March 30, 2020

New Guidance Released for FFCRA Small Employer Exemption

The U.S. Department of Labor has issued guidance on the criteria small businesses can use to determine if they will be exempt...

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News Alert
March 30, 2020

Bill Imposes New Layoff Notification Requirements for Employers

Gov. Tom Wolf has signed House Bill 68, legislation amending the unemployment law in the wake of the COVID-19 emerg...

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News Alert
March 26, 2020

Alternative Form I-9 Compliance Available During COVID-19 Crisis

While the COVID-19 pandemic is crushing most businesses, certain “life-sustaining businesses” and employers are ramping u...

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News Alert
March 26, 2020

DOL: Post New Coronavirus Act Notice in Workplace

The U.S. Department of Labor has released the notice that companies must post in the workplace to inform employees of their r...

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News Alert
March 24, 2020

Changes to Pennsylvania Unemployment Compensation Benefits

The Pennsylvania Office of Unemployment Compensation recently provided important information on employees impacted by COVID-1...

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News Alert
March 24, 2020

Gov. Wolf Issues Stay-at-Home Order for 7 Counties

Gov. Tom Wolf on Monday issued a stay-at-home order for Philadelphia, Bucks, Chester, Delaware, Montgomery, Monroe and Allegh...

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News Alert
March 23, 2020

The Payroll Tax Credit in the Federal Families First Coronavirus Response Act

While last week’s Federal Families First Coronavirus Response Act will require employers to provide paid sick lea...

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News Alert
March 23, 2020

LATEST UPDATE: Business Closure List

The information contained in this alert has been updated. Please click here to see the most current information.

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News Alert
March 23, 2020

LATEST UPDATE: Business Closure List

The information contained in this alert has been updated. Please click here to see the most current information.

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News Alert
March 23, 2020

COVID-19 and Benefit Plan Considerations

As employers scramble to deal with the unprecedented impact of the COVID-19 global pandemic, there are any number of employee...

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News Alert
March 21, 2020

UPDATE: Business Closure List, New Enforcement Deadline

The information contained in this alert has been updated. Please click here to see the most current information.

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News Alert
March 19, 2020

Governor Orders Immediate Closure of All “Non-Life-Sustaining” Businesses

The information contained in this alert has been updated. Please click here to see the most current information.

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News Alert
March 19, 2020

President Trump Signs Federal “Families First Coronavirus Response Act”

President Donald Trump has signed the federal Families First Coronavirus Response Act that will require employers to provide ...

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News Alert
March 19, 2020

EEOC: Employers Can Take Temperature of Workers

In a surprise piece of news this week, the U.S. Equal Opportunity Employment Commission said it will allow employers to take ...

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Press Release
March 17, 2020

Barley Snyder Establishes COVID-19 Response Service Team

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
March 16, 2020

House Passes Emergency “Families First Coronavirus Response Act”

An emergency bill targeted to help families during the coronavirus outbreak is expected to pass the U.S. Senate this week. Wi...

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News Alert
March 13, 2020

Coronavirus and an Infectious Disease Preparedness and Response Plan

(Note: This is Part 3 in a series of alerts for employers concerning the coronavirus that focuses on being prepared in the wo...

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News Alert
March 11, 2020

Coronavirus Risk Assessment, the ADA and FMLA (Part 2 of 3)

(Note: This is Part 2 in a series of alerts for employers concerning the coronavirus focusing on being prepared in the workpl...

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News Alert
March 10, 2020

How Governments Could Affect Your Business During Coronavirus Outbreak

Now that coronavirus has officially made its appearance in Pennsylvania, the potential that the government may mandate c...

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News Alert
March 6, 2020

Coronavirus and Workplace Preparedness

(Note: This is Part 1 in a series of alerts for employers concerning the coronavirus focusing on being prepared in the w...

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News Alert
February 28, 2020

Don’t Confuse New Joint Employer Rules

Is that worker an “employee” of that company? Or of another company? Or both? This joint employer question implicates two...

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News Alert
February 25, 2020

Are CBD Products Permitted for DOT Drivers?

Based on a recent compliance notice from the U.S. Food and Drug Administration it appears employers of truck drivers and othe...

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News Alert
February 21, 2020

Planning for Coronavirus: A Necessary Business Exercise

Here Martin R. Siegel, an attorney in our Environment & Energy Industry Group and former lawyer with the Centers for Dise...

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News Alert
February 13, 2020

Philadelphia Employers, Beware: Don’t Ask About Salary History

A three-year court battle concerning a controversial Philadelphia ordinance related to a prospective employee’s salary hist...

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News Alert
February 7, 2020

OSHA Raises Fines for 2020

The Occupational Safety and Health Administration has raised its civil penalties for the fifth year in a row. The increase th...

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News Alert
February 6, 2020

Pennsylvania One Step Closer to its Own Overtime Salary Threshold

Minimum salary thresholds for overtime pay have been a lightning rod for controversy both nationally and in Pennsylvania for ...

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News Alert
January 29, 2020

Charges Fall, Settlements Rise in 2019 EEOC Sexual Harassment Cases

Despite a slight drop in workplace sexual harassment cases in Fiscal Year 2019, the amount of the settlements in those cases ...

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News Alert
January 27, 2020

NLRB 2020 Predictor: It’s Good to be an Employer

As not just a new year but a new decade begins, we know from the closing days of 2019 that the National Labor Relations Board...

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Press Release
January 24, 2020

Barley Snyder Partner David Freedman to Lead Lancaster Bar Association

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
January 15, 2020

Case Law Starts to Develop for Pennsylvania’s Medical Marijuana Act

A Pennsylvania judge has made the first move to clarify an employer’s liability under the state’s Medical Marijuana Act. ...

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News Alert
January 14, 2020

DOL Releases Final FLSA Joint Employer Rule

The U.S. Department of Labor finalized its “joint employer” rule under the Fair Labor Standards Act (FLSA), rep...

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News Alert
January 9, 2020

Pennsylvania Sets 2020 Workers’ Compensation Rate Calculations

The Pennsylvania Department of Labor & Industry has updated its workers’ compensation rate calculation chart for 2020, ...

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Press Release
January 2, 2020

Partner Welch Named Chair of Barley Snyder Employment Practice Group

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
December 30, 2019

Release of “Bombshell” Provides Renewed Focus on NDAs

The creation of the new movie “Bombshell” has brought up interesting questions when it comes to nondisclosure agreements ...

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News Alert
December 27, 2019

NLRB Ruling Bans Work Email for Union Organizing

The National Labor Relations Board continues to trend pro-employer in its December rulings, with the latest blow to unions co...

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News Alert
December 26, 2019

NLRB Goes Pro-Employer (Again) in New Ruling

In yet another break from precedent, the NLRB held recently that employers can have policies barring workers from discussing ...

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News Alert
December 23, 2019

NLRB Chisels Away at Micro-Units

The controversial – and often confusing – “micro-units” of unions have caused headaches for employers because of a la...

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News Alert
December 17, 2019

NLRB Makes Pro-Employer Changes to “Ambush” Rule

An NLRB rule change last week eased the standards of an Obama-era rule and significantly lengthens the time between an NLRB r...

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News Alert
December 11, 2019

Broad Non-Disparagement Agreements Now in Question

Employers using non-disparagement agreements could be under scrutiny after some recent guidance from the National Labor Relat...

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News Alert
October 18, 2019

Pennsylvania Tries Again With Updated Overtime Final Rule

On the heels of September’s final federal decision on increased overtime salary thresholds, Pennsylvania updated its o...

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News Alert
September 24, 2019

BREAKING NEWS: At Long Last, DOL Issues Final Rule on OT Standards

The U.S. Department of Labor finally settled on the salary thresholds regarding overtime pay under the Fair Labor Standards A...

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News Alert
August 19, 2019

Intermittent FMLA Leave Allowed to Attend IEP Meetings

A parent can use intermittent Family and Medical Leave to attend an individualized education program (IEP) meeting for their ...

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News Alert
August 15, 2019

Proposed NLRB Rule Dials Back to Obama Era

What You Should Know  The National Labor Relations Board has proposed three policy changes to its election pro...

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Press Release
August 15, 2019

Barley Snyder Places 21 Attorneys on “Best Lawyers” List

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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Press Release
August 6, 2019

Barley Snyder Mourns Loss of David Keller

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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Press Release
July 29, 2019

Barley Snyder Attorney Mooney Named President of Berks Arts Council Board

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
July 8, 2019

Maryland Joins Growing Trend to Ban Non-Compete Agreements

Maryland has become the latest state to take on non-compete agreements, banning them for employees under a certain salary thr...

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Press Release
July 2, 2019

Barley Snyder Enters NLJ’s Top 500 as “Top-Ranked New Entrant”

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
June 19, 2019

NLRB Allows Employers to Ban Union Organizers From Union Activity In Employers’ Public Areas

The National Labor Relations Board (NLRB) recently reconsidered and overruled forty-year precedent permitting union represent...

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News Alert
April 11, 2019

Update Your Settlement Agreements After New Jersey Bans Some Non-Disclosure Provisions

In the wake of the #metoo movement, victims’ advocates pushed for measures that would prevent serial harassers, and the com...

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News Alert
April 5, 2019

EEOC Sets September 30 Deadline for Pay Data

The Equal Employment Opportunity Commission has set a September 30 deadline for the submission of pay data in the wake of a f...

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News Alert
April 4, 2019

NLRB Changes Rule on Successor’s Bargaining Obligations

A National Labor Relations Board decision this week may help more businesses avoid “perfectly clear successor” liability ...

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News Alert
April 3, 2019

DOL Proposes Pro-Employer Changes to Joint Employer Rule

Employers should be applauding a new federal proposal to amend its currently murky definition of what constitutes a joint emp...

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News Alert
April 2, 2019

U.S. Department of Labor Proposes Changes to Regular Rate of Pay

After more than 50 years, the U.S. Department of Labor is proposing to update and clarify how employers need to calculate an ...

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News Alert
March 29, 2019

Court Slams the Brakes on Association Health Plans’ Expansion

A federal court yesterday delivered a blow to efforts by the Trump administration to liberalize the rules governing associati...

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News Alert
March 15, 2019

DOL Opinion Letter Allows Employee Incentive Programs for Community Service Work

The Fair Labor Standards Act permits employee incentive programs, including the potential for a monetary award, for participa...

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News Alert
March 14, 2019

DOL Opinion Letter Addresses Paid Leave Under FMLA

Sick leave and FMLA leave must run concurrent. So says the the U.S. Department of Labor’s Wage and Hour Division, whic...

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News Alert
March 8, 2019

DOL Releases Much-Anticipated Proposed Update to Overtime Regulations

More than a million more American employees would be eligible for overtime if proposed updates from the U.S. Department of La...

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News Alert
March 7, 2019

NLRB Shoots Down Lobbying as a “Representational Function” of a Union

As union membership continues to decline, the NLRB has delivered another blow to organized labor, limiting the ways it can sp...

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News Alert
March 6, 2019

EEO-1 Pay Data Gathering Reinstated; Compliance Deadline Uncertain

While a federal judge on Monday reinstated a rule requiring large employers to report pay data by race, ethnicity and sex on ...

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News Alert
February 28, 2019

Audit Scheduling List to be Released in March

The Office of Federal Contract Compliance Programs (OFCCP) has announced it will post the 2019 Corporate Scheduling Announcem...

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News Alert
February 19, 2019

DOL Updates Guidance Regarding the Tip Credit for Side Work

Hospitality employers now have clearer guidance regarding the “tip credit” thanks to some updated policies from the U.S. ...

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News Alert
February 13, 2019

Section 503 Targeted Audit Letters on the Way for Some Federal Contractors

In 2018, the Office of Federal Contract Compliance Programs (OFCCP) vowed to begin targeted enforcement efforts, conducting s...

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Press Release
February 12, 2019

David Freedman Named Vice President of Lancaster Bar Association

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
February 5, 2019

Dept. of Homeland Security Issues Final Rule Governing Cap-Subject H-1B Petitions

Employers need to know about two major changes the Department of Homeland Security made official when it amended regulations ...

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News Alert
January 24, 2019

How the Federal Government Shutdown Could Affect Your Business

We have now passed the one-month point for the federal government shutdown, making it the longest in the country’s history....

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News Alert
January 14, 2019

DOL Weighs in on Additional Compensation for Professionals

Your company is headed into a year-end crunch with multiple projects all facing the same December 31 deadline. You decide to ...

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Press Release
January 11, 2019

Barley Snyder Adds Four to Partnership

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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Press Release
January 10, 2019

Barley Snyder Adds Sarah Yerger to its Harrisburg Office

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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Newsletter
January 1, 2019

Employment Law 2019 Year in Review

TABLE OF CONTENTS Employment Law 2019 Year in ReviewOur New Practice Group Leader!Meet Our New Employment Attorney, Sarah Yer...

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News Alert
December 27, 2018

Pennsylvania Sets 2019 Workers’ Compensation Rate Calculations

The Pennsylvania Department of Labor & Industry has updated its workers’ compensation rate calculation chart for 2019, ...

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Press Release
December 14, 2018

Crocenzi Named to Foundation Board

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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Newsletter
December 1, 2018

Employment Law 2018 Year in Review

TABLE OF CONTENTS Employment Law 2018 Year in ReviewMeet our New Employment Attorney, Kareemah MayerHow Can We Help You?The T...

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News Alert
November 30, 2018

Pennsylvania Supreme Court Lays Out Blueprint for Cybersecurity Responsibilities

Employees should expect their employers to store their personal information securely and out of the hands of hackers, accordi...

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News Alert
November 7, 2018

Municipalities Subject to Age Discrimination Act Regardless of Size

State and local government entities – regardless of the number of workers they employ – must follow the regulations of th...

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News Alert
November 5, 2018

OSHA Pulls Back on Previous Guidance with New Position

The Occupational Safety and Health Administration has clarified its position on workplace safety incentive programs and some ...

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Press Release
October 29, 2018

Barley Snyder’s Crocenzi Named to York County Board

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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Press Release
October 8, 2018

Barley Snyder Welcomes Two New Attorneys

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
July 19, 2018

Deadline Extended for Public Comment on Pa. OT Regulation Changes

If you are planning to comment on the sweeping changes the Pennsylvania Department of Labor and Industry has proposed for ove...

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News Alert
July 11, 2018

Pennsylvania Proposes Major Overhaul to OT Regulations

A new Pennsylvania proposal could change the way businesses in the state pay their employees – even though a somewhat simil...

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News Alert
June 28, 2018

The ADA and Mandatory Vaccine Policies: How Far Must an Employer Go to Accommodate?

Employers that require vaccinations as a condition of employment might need to change how they determine and handle exemption...

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News Alert
June 27, 2018

U.S. Supreme Court Reverses Course, Nixes Fair Share Fees for Unions

The U.S. Supreme Court has a history when it comes to the permissibility of public-sector employee unions collectin...

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News Alert
June 21, 2018

Administration Expands Availability of Association Health Plans

The U.S. Department of Labor on Tuesday issued regulations implementing President Trump’s executive order from last October...

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Press Release
June 14, 2018

Barley Snyder Partner David Freedman Earns Pro Bono Award

Media Contact: Michael Sadowski, Communications Coordinator msadowski@barley.com or 717-208-8842 For Immediate Release&n...

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News Alert
June 8, 2018

Floodgates Now Potentially Open for Disability Reinstatement Petitions

When the Pennsylvania Supreme Court declared impairment ratings to be unconstitutional in Protz, it did not specifi...

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Press Release
May 24, 2018

Barley Snyder Attorney David Keller Wins Prestigious “Exemplar Award”

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
May 22, 2018

U.S. Supreme Court Gives Employers an “Epic” Victory

A Supreme Court decision this week could lead to a seismic shift in how class action suits are filed against employers. In a ...

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Press Release
May 18, 2018

Nine Barley Snyder Attorneys Named to “Super Lawyers” Lists

Related Professionals: Salvatore Anastasi, Thomas A. French, George C. Werner, Jennifer Craighead Carey,&...

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News Alert
April 3, 2018

Pennsylvania Supreme Court Affirms $1.6 million Whistleblower Award

According to the Pennsylvania Supreme Court, damages in a whistleblower suit aren’t limited to wage loss. The court last we...

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News Alert
April 1, 2018

IRS Surprises by Reversing Surprise Mid-Year HSA Limit Reduction

The Internal Revenue Service on April 26 issued its official response to overwhelmingly negative commentary received concerni...

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Press Release
March 15, 2018

Barley Snyder’s Jill Welch Named to Boy Scouts Board

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
March 12, 2018

Are March Madness Pools a Good Bet for the Workplace?

It’s March Madness season and the start of the NCAA Division 1 college basketball tournament, creating an annual litany of ...

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News Alert
March 9, 2018

Surprise HSA Limit Reduction May Require Employer Action

Employers should consider steps to address employee health savings account contributions after a surprising IRS decision this...

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News Alert
January 31, 2018

H-1B Visas: File Now or Forever Hold Your Peace?

Every year around this time employers subject to the H-1B visa cap start considering whether to file petitions for highly ski...

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News Alert
January 12, 2018

Now We Know the Government Means Business: Prepare for an ICE Raid

The federal government has done everything but release a road map of what businesses U.S. Immigration and Customs Enforcement...

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Press Release
January 2, 2018

Barley Snyder Opens Harrisburg Office

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release ME...

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News Alert
December 21, 2017

NLRB Rolls Back Expansive “Joint Employer” Standard

In a 3-2 vote along party lines, the Republican-appointed National Labor Relations Board members overruled the joint employer...

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News Alert
December 20, 2017

NLRB Sets New Standard for Employee Handbooks

The National Labor Relations Board set a new standard regarding employer rules, policies and handbook provisions in a decisio...

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News Alert
December 18, 2017

The International Entrepreneur Rule is Back . . . for Now

The International Entrepreneur Rule: first it was on, then it was off, and now it’s back on again. But for how long? T...

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News Alert
November 6, 2017

Medical Marijuana Closer to Entering the Pennsylvania Workforce

The Pennsylvania Department of Health officially launched its medical marijuana patient and caregiver registry last week, all...

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News Alert
October 27, 2017

The Bully Leader: Lessons from the Harvey Weinstein Scandal

The allegations of outrageous conduct against Harvey Weinstein have dominated the news for more than two weeks. If the allega...

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News Alert
October 19, 2017

Executive Order on Association Health Plans Could Benefit Employers

Stymied by the lack of congressional progress toward repealing, replacing or reforming the Affordable Care Act (ACA), Preside...

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News Alert
October 13, 2017

Dallas Cowboys’ Controversy Highlights Trap for Union and Non-Union Employers

Dallas Cowboys owner Jerry Jones publicly announced last week that he would bench any player who kneels during the national a...

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News Alert
October 2, 2017

Fair Share Fees on the Docket at the Supreme Court – Again

The Supreme Court of the United States has again elected to weigh-in on the permissibility of public-sector employee unions c...

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Press Release
September 28, 2017

Crocenzi Named “Volunteer of the Year” at Bethesda Mission

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley.com or 717-208-8842 For Immediate Release&nb...

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News Alert
September 15, 2017

New EEO-1 Pay Reporting Requirements Suspended Indefinitely

Larger employers no longer have the immediate worry about collecting and analyzing pay data to complete the federal EEO-1 emp...

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News Alert
September 14, 2017

Check the DOL’s Overtime Rule for a Pulse

By now, you’ve likely heard that the U.S. Department of Labor’s overtime rule – which would have doubled the salary thr...

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News Alert
August 31, 2017

USCIS to Require Interviews for Employment-Based Adjustment Applicants

Starting in October, there could be a bureaucratic backlog for businesses with employees carrying temporary work visas lookin...

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News Alert
August 24, 2017

IRS Reaffirms ACA’s Employer Mandate

While the long-term future of the Affordable Care Act may be in doubt, the law’s application to employers remains largely u...

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News Alert
August 10, 2017

Business Immigration in the Trump Era, Part 1: Worksite Enforcement

(Note: This is the first in a series of new immigration enforcement policies under the Donald Trump administration. The first...

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Press Release
July 31, 2017

Jennifer Craighead Carey Appears on “PA Newsmakers”

Barley Snyder Partner Jennifer Craighead Carey appeared on the talk show “PA Newsmakers” on July 29 to discuss th...

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News Alert
July 24, 2017

Trump Administration Plans to Ax the International Entrepreneur Rule

Last week the Department of Homeland Security announced that it would delay—and very likely withdraw—the International En...

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News Alert
July 20, 2017

Introducing the New(est) Form I-9

U.S. Citizenship and Immigration Services has announced that employers must start using a new Form I-9, effective September 1...

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News Alert
July 18, 2017

Pa. Supreme Court: Former Employees Can’t View Their Personnel Files

Employers now can be confident in denying requests from former employees to inspect their personnel file after a recent Penns...

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News Alert
July 10, 2017

ICE Officials: More Workplace Enforcement and New Form I-9 on the Way

(NOTE: Barley Snyder Partner David Freedman attended the American Immigration Lawyers Association’s annual confer...

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News Alert
July 7, 2017

DOL Signals Change May Be in Store for Overtime Rule

Two moves by the U.S. Department of Labor at the end of June signal changes may be in store for the overtime regulations that...

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News Alert
July 6, 2017

DOL Once Again Welcoming Requests for Opinion Letters

In welcome news to employers – and their counsel – U.S. Department of Labor Secretary Alexander Acosta announced in late ...

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News Alert
June 26, 2017

IREs Held as Unconstitutional in Workers’ Compensation Cases

The Pennsylvania Supreme Court last week drastically altered the landscape for workers’ compensation carriers and created f...

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Article
June 17, 2017

Recognizing Juneteenth

In honor of the celebration of Juneteenth 2021, the Crispus Attucks Community Center, through the Community Action Partners...

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News Alert
June 8, 2017

Turning Back the “Joint Employment” Clock

Determining the existence of joint employer liability has returned to its previous status as the U.S. Department of Labor&nbs...

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News Alert
May 18, 2017

OSHA E-Filing Rule on Hold

The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) on Wednesday suspended a recent rule change...

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News Alert
May 16, 2017

Pennsylvania Law Clarifies Use of Payroll Debit Cards

After initial confusion, employers may now legally use payroll debit cards to pay employees. While the courts have decried th...

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News Alert
April 12, 2017

Federal Appeals Court Includes Sexual Orientation in Title VII Protection for First Time

A landmark decision from a federal appeals court declared for the first time that sex discrimination includes discrimination ...

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News Alert
April 4, 2017

President Trump Strikes Down Fair Pay Order

Federal contractors no longer have to comply with the provisions of the Fair Pay & Safe Workplaces Executive Order after ...

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News Alert
January 18, 2017

Another Reason to Tread Carefully When Using Criminal Backgrounds Checks in Hiring Decisions

A recent consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and a southeastern Pennsylvania compa...

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Newsletter
January 1, 2017

Employment Law 2017 Year in Review

TABLE OF CONTENTS Employment Law 2017 Year in ReviewSexual Harassment Cases Capture National HeadlinesImmigration Law Changes...

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Press Release
December 27, 2016

Thirteen Barley Snyder Attorneys Named “Select Lawyers”

Lancaster, Pa. – Barley Snyder is well-represented in December’s distinguished “Select Lawyers” designation, wit...

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News Alert
October 26, 2016

Mandatory Use of Payroll Debit Cards Violates Pennsylvania’s Wage Payment and Collection Law

Over 2,300 current and former employees of 16 McDonald’s franchisee locations in Pennsylvania claimed that mandatory use of...

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News Alert
October 19, 2016

OSHA Issues New Whistleblower Guidelines

The Occupational Safety and Health Administration (OSHA) has issued a final rule on the procedures, processes, and timeframes...

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News Alert
October 4, 2016

EEOC Issues New EEO-1 Form Requiring Employers to Submit Pay Data

On September 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published a revised EEO-1 form. The new form w...

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News Alert
September 30, 2016

DOL Issues Final Rule on Government Contractor Sick Pay

The U.S. Department of Labor issued its Final Rule on Thursday, September 29, 2016, implementing a 2015 Executive Order requi...

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News Alert
May 18, 2016

EEOC Issues Final Rules Governing Employer Wellness Programs

The Equal Employment Opportunities Commission issued two final rules May 16, 2016 to clarify how the Americans with Disabilit...

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News Alert
May 18, 2016

BREAKING NEWS – The DOL Issues the Final Version of its Much-Anticipated Overtime Regulations

The U.S. Department of Labor (DOL) has issued the final version of its long awaited federal overtime regulations, which are a...

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News Alert
May 13, 2016

OSHA Issues Final Rule Requiring Electronic Injury and Illness Reporting

In an attempt to modernize reporting and data collection, OSHA has released its final rule requiring employers in certain ind...

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News Alert
May 11, 2016

Another Statute With Broad Whistleblower Protections – The FDA’s Food Safety Modernization Act (FSMA)

In April, the U.S. Occupational Safety and Health Administration (OSHA) issued its final rule governing unlawful retaliation ...

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News Alert
May 5, 2016

Implications of the Medical Marijuana Act on Employers

On April 17, 2016, Governor Tom Wolf signed into law The Medical Marijuana Act (SB 3), legalizing medical marijuana for use b...

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News Alert
March 28, 2016

Employers Must Prepare Immediately for the “Persuader Rule”

On March 23, 2016 the United States Department of Labor issued its final “persuader rule” for publication. The persuader ...

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News Alert
March 24, 2016

U.S. Supreme Court Approves “Trial By Formula” in Wage and Hour Class and Collective Actions Making It Easier For Workers To Prove Monetary Damages

This week, the U.S. Supreme Court issued a ruling in the case of Tyson Foods, Inc. v. Bouaphakeo that will have major implica...

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News Alert
March 16, 2016

DOL’s Final Overtime Rule Sent to OMB – Likely To Be Published Late Spring

On Tuesday, the U.S. Department of Labor (DOL) sent its much anticipated final rule expanding overtime protections to million...

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News Alert
March 11, 2016

Final STEM OPT Rule Released – Effective May 10, 2016

The U.S. Department of Homeland Security has issued a final rule that allows foreign graduates of Science, Technology, Engine...

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News Alert
March 8, 2016

Governor Wolf Raises Minimum Wage for State Employees and Contractors

Yesterday, Pennsylvania Governor Tom Wolf signed an executive order raising the minimum wage for state employees to $10.15 pe...

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News Alert
February 8, 2016

Bankruptcy Trumps Collective Bargaining Agreement

A federal court recently ruled that the Bankruptcy Code (the “Code”) permits an employer to escape their expired collecti...

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News Alert
February 2, 2016

DOL Issues Administrative Interpretation Addressing Joint Employment

On January 20, 2016, the United States Department of Labor’s Wage and Hour Division (DOL) issued its first Administrator’...

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News Alert
January 26, 2016

U.S. Supreme Court Rules That Unaccepted Settlement Offers and Offers of Judgment Can’t End Consumer Class Action Lawsuits

Last week, the U.S. Supreme Court limited a tool that defendants had used to settle costly class action litigation through se...

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News Alert
January 21, 2016

Supreme Court: Health Plan Recovery Of Expenses Can Be Thwarted By Spendthrift Participant

In an 8-1 decision issued yesterday, the U.S. Supreme Court ruled that a health plan’s right of recovery against a plan par...

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Newsletter
January 1, 2016

Employment Law 2016 Review

TABLE OF CONTENTS Preparing for Medical Marijuana in PennsylvaniaMajor Changes to FLSA Overtime Rules on Hold For NowNew Fede...

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News Alert
December 10, 2015

Return of The Persuader Rule

Employers may recall the Department of Labor’s prior attempts to implement the “persuader rule” which seeks to narrow t...

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News Alert
November 25, 2015

Third Circuit Adopts “Predominant Benefit Test” to Determine Compensability of Meal Breaks

The U.S. Third Circuit Court of Appeals, which has jurisdiction over Pennsylvania, recently evaluated the appropriate test to...

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News Alert
November 23, 2015

Third Circuit Holds That Jury Must Decide If Temporary Workers Are Employees Under Anti-Discrimination Laws

Last week, the United States Third Circuit Court of Appeals reversed a trial court’s grant of summary judgment to retailer ...

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News Alert
November 18, 2015

Final Rule Amending Overtime Requirements Not Expected Until Late 2016

On June 30, 2015, the Department of Labor (DOL) published its proposed rule amending the minimum salary requirement for overt...

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News Alert
August 31, 2015

NLRB Revisits Joint Employer Standard

On August 27th, in the case of Browning-Ferris Industries, the National Labor Relations Board “refined” its tests fo...

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News Alert
August 6, 2015

Pittsburgh City Council Passes “Paid Sick Days Act”

On Monday August 3, 2015, Pittsburgh City Council approved an ordinance titled “Paid Sick Days Act” requiring employers t...

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News Alert
August 4, 2015

EEOC Confirms that Sexual Orientation Discrimination is “Sex Discrimination”

On July 15, 2015, the EEOC issued an official decision that sexual orientation discrimination is sex discrimination under Tit...

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News Alert
June 30, 2015

DOL Proposes to Raise Minimum Salary for White Collar Exemptions

The Department of Labor announced today a proposed rule that would raise the minimum salary for the white collar exemptions u...

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News Alert
June 24, 2015

System Glitch Leads To Freeze On US Travel Visas

Since June 9th a computer glitch has stalled visa processing at U.S. embassies all over the world. The hardware malfunction h...

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News Alert
June 12, 2015

Governor Wolf Announces Fee Waivers for Volunteers Seeking Background Checks

Beginning July 1, 2015 volunteers are required to obtain background checks, including the Child Abuse History Clearance, issu...

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News Alert
June 5, 2015

OSHA and Transgender Employees

On June 1, 2015, the Occupational Safety and Health Administration (OSHA) announced its new Best Practices: A Guide to Restro...

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News Alert
June 3, 2015

McDonald’s Mandatory Use of Payroll Cards Violates Pennsylvania’s Wage Payment and Collection Law

Over 2,300 current and former employees of 16 McDonald’s franchisee locations in Pennsylvania claim that requiring the use ...

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News Alert
June 1, 2015

U.S. Supreme Court Sides with EEOC in Abercrombie & Fitch Religious Accommodation Case

In an 8-1 decision issued today, the United States Supreme Court found that Abercrombie & Fitch violated Title VII of the...

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Press Release
April 24, 2015

Barley Snyder Attorneys Minnich and Hackman Admitted to Baltimore County Bar Association

York, PA – The law firm of Barley Snyder is pleased to announce that attorneys Paul Minnich and Rick Ha...

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News Alert
April 13, 2015

2016 H1B Cap Reached – Alternatives to the H-1B Visa Category

On April 7, 2015, United States Citizenship & Immigration Services (USCIS) announced it received sufficient H-1B petition...

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Article
March 11, 2015

Keep an Eye on Executive Orders and Presidential Memoranda for Key Employment Initiatives in 2015

With Republicans in control of both the Senate and the House of Representatives, the showdown between President Obama and Con...

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News Alert
March 10, 2015

Who Needs Rules? The DOL Wins Supreme Court Battle In Mortgage Loan Officer Administrator’s Interpretation vs. Rule Making

When a federal agency deviates significantly in its historic interpretation of a regulation – in this case, doing a complet...

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News Alert
February 26, 2015

Employment Authorization Document for Certain H-4 Dependent Spouses

U.S. Citizenship and Immigration Services (“USCIS”) announced that effective May 26, 2015 it will be extending eligibil...

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News Alert
February 3, 2015

Criminal Background Checks and Child Abuse Clearances for Employees and Volunteers

On October 22, 2014, House Bill 435/Act 153 of 2014 was signed into law and as of January 1, 2015 the law came into effect. T...

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News Alert
January 20, 2015

H-1B Filing Season is Upon Us

On April 1, 2015, the United States Department of Homeland Security’s Citizen and Immigration Services will begin accepting...

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Press Release
January 1, 2015

Barley Snyder Names Joshua Schwartz Partner

Lancaster, PA – Barley Snyder is pleased to announce that Joshua Schwartz has been voted into the law firm’s partnership...

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News Alert
December 22, 2014

U.S. Department of Justice Reverses Course, Finds That Title VII Prohibits Transgender Discrimination

On December 18, 2014, U.S. Attorney General Eric Holder issued a memorandum regarding the treatment of transgender employment...

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News Alert
December 17, 2014

NLRB Adopts Quickie Election Rule

On December 12, 2014 the National Labor Relations Board (NLRB) issued new regulations, which it claims are designed to “mod...

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News Alert
December 12, 2014

NLRB Reverses Precedent, Finds Employees Have the Presumptive Right to Use Employer Email System for Protected Activity

On December 11, in the case of Purple Communications, Inc., the National Labor Relations Board (NLRB) ruled that employe...

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News Alert
December 11, 2014

U.S. Supreme Court: FLSA Does Not Entitle Warehouse Employees to Wages for Security Screenings

On Tuesday, the U.S. Supreme Court ruled that Integrity Staffing Solutions, Inc. is not required to pay warehouse workers for...

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News Alert
December 3, 2014

New Department of Education Regulations Require Colleges to Amend Employment Policies

Recently, the U.S. Department of Education issued new regulations implementing amendments to the Violence Against Women Act (...

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News Alert
November 21, 2014

Executive Action on Immigration: What’s in It for Business?

Last night, President Obama announced that he will take sweeping executive action to reform the nation’s immigration system...

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News Alert
November 7, 2014

What the Election Results May Mean for Employers

Regardless of your political persuasion, employers should be heartened by Tuesday’s election results. As you are painfully ...

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News Alert
October 28, 2014

Pennsylvania Imposes Limits on Physician Dispensing to Injured Workers

With the Governor’s signature yesterday on House Bill 1846/Act 184 of 2014, the Pennsylvania Workers Compensation Act under...

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News Alert
May 19, 2014

Does the Mere “Intention To Be Legally Bound” Make a Non-Compete Agreement Enforceable? Pennsylvania Superior Court Answers “No!”

To be enforceable, a non-compete agreement that restricts a former employee from going to work for a competitor must be suppo...

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News Alert
November 11, 2013

Pennsylvania Enacts “Notario Publico” Ban

On October 9, 2013, Pennsylvania Governor Tom Corbett signed into law Act 73, which aims to reduce deceptive practices target...

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Newsletter
September 17, 2013

Employers Must Document and Test Cafeteria Plan Benefits, POPs Included

By offering a cafeteria plan, an employer can help employees pay various expenses, such as the employee’s premium contribut...

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News Alert
February 23, 2013

When Retirement Isn’t Really Retirement: Pennsylvania Supreme Court Finds Early Retirees Eligible for Unemployment Compensation Benefits

In Diehl v. Unemployment Compensation Board of Review, the Pennsylvania Supreme Court recently ruled that early retirees...

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News Alert
February 1, 2013

Employers May Be Eligible for Refund of Severance Pay FICA Taxes

Employers who have made severance payments to laid off employees may be entitled to refunds of Federal Insurance Contribution...

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News Alert
November 1, 2012

NLRB Provides Clarity Regarding Permissible At-Will Employment Acknowledgments

On October 31, 2012 the Office for the General Counsel of the National Labor Relations Board (“NLRB”) issued advice memos...

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Newsletter
March 22, 2012

Do Companies Need To Pay Employees For Their Commute Back From the Construction Worksite At The End Of The Day?

Clients often ask whether their employees need to be paid for the time that they spend travelling to and from various constru...

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News Alert
March 14, 2012

USCIS Fraud Unit Site Visits – What Employers Need to Know and How to Prepare

Over the past few months employers have continued to experience unannounced site visits by U.S. Citizenship and Immigration S...

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News Alert
June 16, 2011

Wal-Mart Fails to Overturn Award of $187.6 Million For Wage and Hour Violations, But Pennsylvania Superior Court Sends $45.6 Million Award of Attorneys’ Fees Back to Trial Court Due to Potential

In the 2007 case of Braun v. Wal-Mart, one of the largest awards in a wage and hour class action in Pennsylvania history...

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Newsletter
March 30, 2010

Deductions From Exempt Employees’ Salary: Don’t Risk Losing That Exemption

Wage and hour litigation spiked in 2009 — and is a trend that is expected to continue through 2010. In 2009, new Fair L...

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Newsletter
October 27, 2009

Is Your Non-Compete Valid Under Pennsylvania Law?

Employers engaged in enterprises that involve trade secrets and confidential or proprietary business information are increasi...

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Newsletter
August 10, 2009

EEOC Sets Path for Adoption of Much Awaited Regulations Under the ADA Amendments Act

On June 17, 2009, the Equal Employment Opportunity Commission (EEOC) approved a notice of proposed rulemaking under the ADA A...

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Newsletter
March 17, 2008

My Employee Is Leaving: What Do I Owe and What Can I Deduct at Termination?

Employers frequently ask what they owe their employees at the time of termination. As a general matter, all wages earned by a...

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Podcast
December 13, 2022

17. Barley Snyder Legal Update Podcast: Tide Shifts NLRB Back to A More Pro-Union Point of View

To learn more about our Employment Group, click here. Do you have a topic idea for a future episode? Please send your suggestions to barleypodcast@barley.com. DISCLAIMER: The information contained in this...

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Podcast
October 22, 2020

12. Barley Snyder Legal Update Podcast: Season 2 – Episode 1

In season two’s first episode, partner David Freedman is joined by partner and fellow employment attorney Michael Crocenzi. They discuss the hot topic of U.S. Supreme Court nominee Amy Coney Barrett. They give...

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Podcast
June 26, 2020

11. Barley Snyder COVID-19 Legal Update Podcast – **TIGER KING SPECIAL EDITION**

When the shutdown started, the Netflix original documentary “Tiger King: Murder, Mayhem, Madness” became incredibly popular, giving us mesmerizing characters such as Carole Baskin, Doc Antle and the incomparable Joe...

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Webinar
June 26, 2020

Running Under Green Webinar Replay

This webinar titled “Running Your Business Under Green: Some Lessons Learned and Direction for the Future” was presented by Barley Snyder on Friday, June 26. The webinar highlighted the various aspects...

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Podcast
June 18, 2020

10. COVID-19 Legal Update Podcast

Barley Snyder COVID-19 Legal Update – Episode 10 In the 10th episode of the Barley Snyder COVID-19 Legal Update Podcast, our host, employment attorney David Freedman is joined by environmental attorney Martin Siegel who...

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Webinar
May 14, 2020

The Legal Implications: Re-Opening Your Business in Defiance of the Governor’s Order Webinar

As the COVID-19 pandemic progresses, some Pennsylvania counties stated that they will defy the Governor’s stay-at-home order and transition from the “red phase” to the “yellow phase.” What potential legal...

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Webinar
May 12, 2020

COVID 19 HR “Back to Business” Webinar

This webinar, presented by partner Michael Crocenzi and attorney Sarah Yerger on Monday, May 11 for the Human Resources Professionals of Central PA, focuses on preparing employers for the physical return into the workplace....

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Podcast
May 8, 2020

5. COVID-19 Legal Update Podcast

Barley Snyder COVID-19 Legal Update – Episode 5 In the fifth episode of the Barley Snyder COVID-19 Legal Update Podcast, our host, employment attorney David Freedman is joined by employment and labor...

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Podcast
May 5, 2020

4. COVID-19 Legal Update Podcast

Barley Snyder COVID-19 Legal Update – Episode 4 In the fourth episode of the Barley Snyder COVID-19 Legal Update Podcast, our host, employment attorney David Freedman is joined by business attorney Timothy Malloy....

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Webinar
May 1, 2020

Getting Your Business Back To Business COVID-19 Webinar

As the state and federal governments begin developing plans for the gradual reopening of business, what issues should business owners and human resource managers be thinking about to be prepared...

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Podcast
May 1, 2020

3. COVID-19 Legal Update Podcast

Barley Snyder COVID-19 Legal Update – Episode 3 In the third episode of the Barley Snyder COVID-19 Legal Update Podcast, our host, employment attorney David Freedman is joined by employment attorney Michael Crocenzi....

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Podcast
April 28, 2020

2. COVID-19 Legal Update Podcast

Barley Snyder COVID-19 Legal Update – Episode 2 In the second episode of the Barley Snyder COVID-19 Legal Update Podcast, our host, employment attorney David Freedman is joined by employment attorney Joshua Schwartz....

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Podcast
April 24, 2020

1. COVID-19 Legal Update Podcast

Barley Snyder COVID-19 Legal Update – Episode 1 In this episode of the Barley Snyder COVID-19 Legal Update Podcast, our host, employment attorney David Freedman is joined by employment attorney Jennifer Craighead Carey....

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