Last August, the National Labor Relations Board announced that effective November 14, 2011, all private-sector employers would be required to post an “employee rights notice” where other workplace notices are typically posted.  This notice, similar to one that federal contractors are currently required to post, would inform employees of their rights to organize in a union and to bargain collectively.  Employers who customarily put personnel policy notices on an intranet would be required to put this information on the intranet as well.

The NLRB has twice delayed the implementation date for the new-posting rule, initially to January 31, 2012, then to April 30, 2012.  While there is no need to throw a parade in its honor, the NLRB has once again postponed the implementation date.

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The Pennsylvania Liquor Control Board has interpreted Act 113 of 2011, effective February 20, 2012, as requiring that all licensees appoint a manager who has or will obtain Responsible Alcohol Management Program training offered by the Alcohol Education Department of the Pennsylvania Liquor Control Board.  As a result, any new manager who is appointed to a current licensee or a new licensee will have to appoint a manager who has already obtained the RAMP certificate.  In the alternative, the manager will have 180 days from approval as a manager of the licensee to obtain the RAMP certificate.  Failure by a new manager to obtain the RAMP certificate may result in a citation issued by the Pennsylvania State Police, Bureau of Liquor Control Enforcement. It appears that any manager appointed before February 20, 2012, will be grandfathered, so the current licensee will not have to require its present manager to obtain the RAMP certificate. Nevertheless, RAMP training is always helpful in operating your business responsibly.  You can visit the state website at www.lcb.state.pa.us and click on the Alcohol Education, RAMP Quick Links, Owner/Manager Trainings link, or contact the RAMP offices as follows: 

                        Central Region:  717-558-2160
                        Eastern Region:  610-940-1217
                        Western Region: 412-723-0109
                        Toll Free:  1-866-275-8237

Please note that our Lehigh Valley is now in the Central Region.

For more information about liquor law, please contact me at tzeller@nmmlaw.com.

Although the filing deadline generally occurs on April 15, the deadline to file a 2011 federal income tax return is April 17, 2012.  The reason for the 2-day extension is that April 15 is on a Sunday and April 16 is Emancipation Day, a holiday celebrated inWashington, D.C.  Although the holiday is not celebrated in Pennsylvania, the deadline to file a Pennsylvania income tax return is also extended to April 17, 2012 to avoid confusion.

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On March 24, 2012, I was a presenter at a CLE reviewing DUI law, liquor liability – dram shop and negligence, and liquor licensing for the Northampton County Bar Association.  One of the topics I covered was the nature of a liquor license and liabilities.  The following is an excerpt from the program materials:

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On April 25, 2012, attorneys from our Labor & Employment Group will present Navigating the ADA’s Accommodation Requirements. George Hlavac and Jeffrey Stewart will review the responsibilities of employers to provide reasonable accommodations to employees under the Americans with Disabilities Act.  This presentation is for human resources professionals interested in timely legal developments and managerial concerns in labor and employment law. This program has been approved for 1 recertification credit hour toward PHR, SPHR and GPHR recertification through the HR Certification Institute.

Due to the popularity of these seminars, our April lunch session is filled.  At present, however, there are a few remaining seats for the breakfast session. For more information about attending this seminar please contact Cady Darago at cdarago@nmmlaw.com.

On March 24, 2012, Robert Sletvold, Philip M. Hof, Esq., and I will present a two-hour CLE reviewing DUI law, liquor liability – dram shop and negligence, and liquor licensing for the Northampton County Bar Association.  I will review the recent developments in liquor law and their impact on licensing.  Following the CLE, Weyerbacher Brewery will offer a tour of their brewing facility and a sampling.

For more information about this event and how to register, click here.

For more information about liquor law, please contact Ted Zeller at tzeller@nmmlaw.com.

An article that Edward Easterly and I authored was featured in the February issue of The Metropolitan Corporate Counsel entitled “Social Media Landmines: The Impact on Employers.”  In the article, we discuss labor & employment issues in the online setting, including the National Labor Relations Board’s stance on employees’ cyber activities, how to properly monitor employees’ online activity, social media policy guidance, and the pros and cons of using social media as a screening tool.  Please click on the link below to read the article.

http://www.metrocorpcounsel.com/pdf/2012/February/35.pdf

For questions about social media in the workplace or other labor and employment law topics, please contact George Hlavac at ghlavac@nmmlaw.com or Ed Easterly at eeasterly@nmmlaw.com.

The Pennsylvania Department of Labor and Industry recently announced the 2012 Statewide Average Weekly Wage for workers’ compensation. For injuries occurring on and after January 1, 2012, the maximum compensation rate is $888.00 per week, which represents a 3.5% increase. This increase is the largest percentage increase since 2009. In 2010, the increase was 1%, and in 2011, the increase was 1.5%.

For questions about workers’ compensation, please contact Barbara Hollenbach at bhollenbach@nmmlaw.com.

President Barack Obama made three more recess appointments to the National Labor Relations Board today.  The appointments to the NLRB are Sharon Block, currently deputy assistant secretary for congressional affairs at the Department of Labor; Terence Flynn, now the chief counsel to NLRB member Brian Hayes; and Richard Griffin, general counsel for the International Union of Operating Engineers.

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As part of the settlement of a workers’ compensation claim, it is common for the attorney representing the employer to require that the injured worker sign a resignation of employment and a general release. After settlement of the workers’ compensation claim is completed, the injured worker often applies for and receives unemployment compensation (UC) benefits.

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