The Legal Intelligencer | Commentary
By Susan Nanes | November 9, 2017
There's no cliché better than a Shakespeare cliché, and no Shakespeare cliché more cliché than referencing Hamlet. Duly noted and ignored. Let's turn to Uber, the Prince of 555 Market St. in San Francisco.
The Legal Intelligencer | Commentary
By Christian Petrucci | November 3, 2017
As the old adage goes, be careful what you wish for; you might get it. This saying is currently playing itself out in the world of Pennsylvania workers' compensation law.
The Legal Intelligencer | Commentary
By Mark Altschuler and Thomas Delevie | October 25, 2017
Kaczkowski v. Bolubasz, 491 Pa. 561 (1980), is one of the few decisions in the nation that rules out discounting to present value, under the assumption that the inflation rate is equal to the discount rate.
The Legal Intelligencer | News
By P.J. Dannunzio | October 24, 2017
A federal judge sought to clarify when state law claims involving the Davis-Bacon Act should be tried in federal court.
The Legal Intelligencer | Commentary
By Patricia Collins | October 20, 2017
In Zuber v. Boscov's, U.S. Court of Appeals for the Third Circuit, No. 16-3217, the Third Circuit reversed a decision of the Eastern District of Pennsylvania that dismissed an employee's claims under the Family and Medical Leave Act (FMLA) and common law on the basis of a compromise and release agreement signed by the employee to settle his workers' compensation claims.
The Legal Intelligencer | Commentary
By Amy C. Lachowicz | October 19, 2017
“How much were you paid at your last job?” This common, seemingly innocuous question that is routinely asked during an employer's pre-hiring process, could lead to disparities in salaries between men and women.
The Legal Intelligencer | Commentary
By Kacey C. Wiedt and Audrey L. Copeland | October 12, 2017
In June, the Pennsylvania Supreme Court declared Section 306(a.2), the impairment rating evaluation provisions of the Pennsylvania Workers' Compensation Act, to be unconstitutional under Article I, Section II of the Pennsylvania Constitution pursuant to the nondelegation doctrine in Protz v. Workers' Compensation Appeal Board (Derry Area Schchool District), 161 A.3d 827 (Pa. 2017) (Protz II).
By Andrea M. Kirshenbaum | September 29, 2017
On Sept. 20, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion in Souryavong v. Lackawanna County that is music to the ears of employers on two fronts. First, the court of appeals defined a willful violation under the Fair Labor Standards Act (FLSA) narrowly, requiring actual awareness of the specific FLSA violation and a degree of egregiousness. Second, the Third Circuit affirmed the district court's attorney fees award, applying a hybrid lodestar and multi-factor test analysis, resulting in an award to the plaintiffs' counsel of approximately one-third of what the plaintiffs originally sought.
By P.J. D'Annunzio | September 20, 2017
A federal appeals court has ruled that although Lackawanna County failed to pay overtime to some of its employees, it did not show a "willfulness" to violate the Fair Labor Standards Act.
By Max Mitchell | September 14, 2017
A federal judge has rejected Uber's bid to halt a class action lawsuit over the company's overtime pay practices, and ordered the parties to address whether Uber drivers are employees or independent contractors under the Fair Labor Standards Act.
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