By P.J. D'Annunzio | September 11, 2017
A former Boscov's employee's settlement of workers' compensation claims does not prohibit him from bringing a Family and Medical Leave Act suit against the department store, a federal appeals court has ruled.
By Max Mitchell | September 7, 2017
A federal court has allowed a proposed class action to go forward against CVS Pharmacy over allegations its technicians were not paid for time spent working on a mandatory online training course.
By Francis X. Wickersham and Audrey L. Copeland | August 17, 2017
On June 20, the Pennsylvania Supreme Court declared Section 306(a.2) 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 School District), 161 A.3d 827 (Pa. 2017). Protz has electrified the workers' compensation bar.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
Trial court erred in precluding plaintiff's conviction for receipt of stolen property, where crimen falsi evidence was per se admissible, and where evidence of the conviction was relevant to plaintiff's wage loss claim. Judgment reversed in part and affirmed in part, case remanded for new trial on damages.
By Christian Petrucci | August 3, 2017
As outlined in this space back in June, the nature of an employment relationship is a question of law that is to be determined on a case-by-case basis. The Commonwealth Court case of Hawbaker v. Workers' Compensation Appeal Board, (Kriner's Quality Roofing Services and UEGF), 224 C.D. 2016, provided a springboard for discussing under what circumstances an injured worker can be considered an employee versus an independent contractor. Hawbaker also offered a comparison between the "traditional" factors in determining whether an employer-employee relationship exists and the specific statutory requirements of the 2010 Construction Workplace Misclassification Act (CWMA), which sought to codify criteria for classification of independent contractors in construction settings.
By Andrea M. Kirshenbaum | July 28, 2017
A question that has bedeviled employers for decades: Can employers obtain a release of claims under the Fair Labor Standards Act (FLSA) in the absence of U.S. Department of Labor (DOL) or court approval? A recent decision in the U.S. District Court for the Southern District of New York, Gaughan v. Rubenstein, adds more fuel to the fire, dismissing a plaintiff's FLSA claims against Lee Rubenstein and holding that the plaintiff's "pre-litigation settlement agreement" released her FLSA claims, even without the imprimatur of the DOL or a court.
By Christian Petrucci | July 14, 2017
English philosopher, John Locke, wrote in his Second Treatise of Government in 1689 that legislative authority consists of the power "to make laws, and not to make legislators." Considering the Pennsylvania Supreme Court felt compelled to include this quote at the beginning of its review of Protz v. Workers' Compensation Appeal Board (Derry Area School District), 124 A.3d 406 (Pa. Commw. 2015), it stands to reason that the court wanted to leave no doubt that the Pennsylvania General Assembly had, in fact, attempted to make legislators out of the members of the American Medical Association when the General Assembly authored Section 306(a.2) of the Workers' Compensation Act. As is well known by now, Act 57 of 1996 amended the Workers' Compensation Act in an attempt to join the wave of jurisdictions that were appealing to The American Medial Association Guides to the Evaluation of Permanent Impairments (The AMA Guides) to limit workers' rights. The problem in Pennsylvania has been that the amendments called for reliance on "the most recent edition" of the AMA Guides in performing impairment rating evaluations (IREs). The Supreme Court has finally weighed in on the matter and found that the Pennsylvania legislature attempted to pass off to another body de facto control over matters of policy in violation of Article II Section 1 of the Pennsylvania Constitution.
By Christian Petrucci | June 2, 2017
Earlier this month, the Commonwealth Court issued an order reporting the previously unreported case of Hawbaker v. Workers' Compensation Appeal Board (Kriner's Quality Roofing Services and Uninsured Employers Guaranty Fund), 224 C.D. 2016. The case offers an opportunity to revisit the oft-litigated issue of whether an injured worker is an employee or an independent contractor. Moreover, the case considers the question in light of the Construction Workplace Misclassification Act, which sets forth criteria for classification of independent contractors in construction settings.
By P.J. D'Annunzio | May 31, 2017
A federal judge has denied a regional chamber of commerce's request to block a Philadelphia city ordinance banning employers from asking job applicants about their wage history.
By P.J. D'Annunzio | May 18, 2017
A group of certified nursing assistants can move forward with a prospective Fair Labor Standards Act class action against an assisted living facility over claims they weren't paid enough overtime or compensated for meal breaks.
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