The Employment Law Counselor

The United States Supreme Court recently reshaped the relationship between universities and the athletes who play college sports in National Collegiate Athletic Association v. Alston et al. In the Alston case, the Court upheld a trial court injunction against NCAA rules that limit the education-related benefits schools may offer student athletes. Notably, the Court did not consider the lower court’s rulings that upheld NCAA limits on noneducational benefits and compensation that student athletes may receive. Regardless, in a unanimous opinion, the Court noted deep skepticism about the “amateur label” of college sports as argued by the NCAA and ruled that the NCAA’s rules restricting education-related benefits violate federal antitrust laws. In a concurring opinion, Justice Kavanaugh specifically noted that the argument “that colleges may decline to pay student athletes because the defining feature of college sports … is that the student athletes are not paid … is circular and unpersuasive.”Continue Reading

Minimum wage just broke another record today. It will break another tomorrow.

Did you know that the federal minimum wage has not been increased in over 12 years? Every day without an increase sets another record for the longest period of time without an increase in the federal minimum wage since the first minimum wage was enacted in 1938.Continue Reading

New York City has taken a sweeping approach to help contain the spread of the Delta variant through its “Key to NYC” program, becoming the first U.S. city to do so. With enforcement of "Key to NYC" to begin on September 13, 2021, employers in New York City should begin to make the necessary adjustments to ensure they are in full compliance with the mandate. While the program was announced earlier this month, a new order, Executive Order No. 226, was recently issued by Mayor Bill de Blasio on August 20^th, which superseded some provisions of Executive Order No. 225, issued on August 16^th.Continue Reading

This month, the Pennsylvania Superior Court held as a matter of first impression that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA). The case is Scranton Quincy Clinic Company, LLC, et al. v. Pamela Palmiter, Case No. 498 MDA 2020 (Pa. Super. Ct. Aug. 5, 2021).

Plaintiff Palmiter was terminated from her job for failing a drug test, despite informing the laboratory that she was prescribed medical marijuana and providing a copy of her medical marijuana certification. She subsequently sued her former employer, asserting ... Continue Reading