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Jonathan Landesman is Co-Chair of the Labor & Employment Group of Cohen Seglias and a member of the Firm’s Executive Committee. The majority of Jon’s practice is devoted to litigation, including discrimination, harassment, retaliation, wrongful discharge, and FMLA cases. He also represents employers in overtime, prevailing wage, and employee benefits cases, including class actions and collective actions. Jon regularly litigates cases involving non-competition agreements and the misappropriation of trade secrets. He has successfully handled dozens of emergency injunction hearings, obtaining preliminary and permanent injunctions and recovering millions of dollars of lost profits for his clients.

I’m a management-side employment lawyer. It’s my job to go to court and defend employers and executives accused of all different types of misconduct, including sexual harassment. Over the last 20 years, I have seen it all. Some of my cases involve relatively tame allegations, like telling dirty jokes around the watercooler. And I have also been involved with cases involving extremely serious accusations, including indecent exposure, unwanted touching, and sexual assault. I spent a fair amount of time watching the Kavanaugh hearings. Like everyone else I know, I have a strong opinion on whether or not the nomination should be approved, but I did not write this article to share my personal opinions. There are enough political commentators on cable news shows doing that already. From an employment litigation and human resources perspective, there are several important lessons to be learned.

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This article was originally published in the 2017 edition of the Utility and Transportation Contractor Association’s Magazine.

If you are a union contractor, you are probably making contributions into one or more union pension funds every month. These pension funds, known as multi-employer pension plans (MEPs), rely on a number of employers paying their share toward a common fund. Notably, because of the nature of these pension plans, many (if not all) of them are underfunded and do not presently have enough assets to cover their expectant liabilities. However, despite underfunding, employees are still entitled to their full pension benefits. But who is responsible for this unfunded amount, and what happens if you exit the fund? 
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On January 23, 2017, Philadelphia Mayor Jim Kenney signed into law a wage equity ordinance that makes it unlawful for an employer in the city of Philadelphia to ask about the wage history of a prospective employee at any stage of the hiring process. Under the new law, an employer may not condition employment on the job candidate’s disclosure of their wage history (which includes fringe benefits) or refuse to hire a candidate because of their refusal to respond to an inquiry about their past wages. The ordinance also prohibits employers from relying on a candidate’s wage history in order to determine the amount that it will offer a candidate unless the candidate has “knowingly and willingly” disclosed such information to the employer during the hiring process.
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Philadelphia’s 2011 “Ban the Box” lawemployment-applications.jpg, which restricts an employer’s ability to inquire into a job applicant’s criminal history at the initial stages of the application process, is “old news” – but the recent changes that went into effect on March 14, 2016 are anything but. Our firm will be getting into the details of this recent development at its 8th Annual Labor and Employment Seminar (April 27, May 4, and May 12).

In short, every Philadelphia employer needs to make the necessary changes to its job application procedures to comply with the broader requirements of the law that former Mayor Michael Nutter signed into law before leaving office in December 2015.

The 2011 Version

As enacted in 2011, Philadelphia employers with 10 or more employees could not include the “box” on a job application asking about criminal records. Employers were not permitted to ask about criminal records at an initial interview, but could do so after the first interview. And, when asking about a criminal background, employers were prohibited from asking about arrests or anything other than criminal convictions. Violations of the law carried up to a $2,000 penalty.


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The U.S. Department of Labor (DOL) issued guidance on July 15 aimed at curbing the misclassification of employees as independent contractors.  The guidance provides several examples of workers in the construction industry.  It is now clear that the DOL is bent on targeting contractors and subcontractors.  If you have mechanics, installers, estimators, or any workers

Join our Labor & Employment Group and the Firm’s newest partner, Honorable Gene D. Cohen (Ret.), for a fast-paced seminar on cutting edge labor and employment law issues impacting your business. Far from an academic discussion, attendees will get real world, practical guidance from our experienced litigators and a former Philadelphia Common Pleas Judge.

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