On April 22, 2024, the Federal Trade Commission (FTC) issued a “Final Rule” proposing to ban non-compete agreements. This Rule, set to go into effect 120 days after it is published in the Federal Register, will render with limited exception, all...
On April 22, 2024, the Federal Trade Commission (FTC) issued a “Final Rule” proposing to ban non-compete agreements. This Rule, set to go into effect 120 days after it is published in the Federal Register, will render with limited exception, all...
In a recent Pennsylvania decision, the Commonwealth Court has rejected the Bureau of Workers’ Compensation’s long-term use of the “Red Book” for valuing prescription drug prices. This represents a significant win for insurers struggling to deal with...
The National Labor Relations Board (NLRB) is a federal agency dedicated to the governance of the National Labor Relations Act (the Act). Section 7 of the Act guarantees employees "the right to self-organization, to form, join, or assist labor...
New Jersey worker’s compensation law has a new ruling that affects both employers and petitioners alike. Under the NJ Workers’ Compensation Act, the general rule is that when an employee is commuting to and from work, any injuries that occur during...
The ADA Questionnaire is a basic resource employers should utilize to determine if an employee is eligible for protection under the Americans with Disabilities Act (ADA), as amended. This form facilitates the engagement of the interactive process. ...
Until 2015, employers in West Virginia were not able to rely upon contributory negligence or comparative fault of the plaintiff as a defense in deliberate intent actions filed under W. Va. Code § 23-4-2. Roberts v. Consolidation Coal Co ., 208 W...
C&W attorneys William B. Pentecost, Jr. and David M. Olive, as well as Georgetown University Adjunct Lecturer Henry J. Sienkiewicz, co-authored the article entitled “A Collision from Afar: Cybersecurity Meets the Trucking Industry” which was recently...
The case of Phillip Pantano v. New York Shipping Association arose out of a workplace injury involving plaintiff Pantano who was an employee of Container Services of New Jersey (CSNJ). Pantano was injured while attempting to move a piece of...
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 (Title VII) and its state and local equivalents. Unwelcome sexual advances, requests for sexual favors, and other conduct may rise to the level...
On Thursday, June 29, 2023, the United States Supreme Court issued a unanimous decision in the matter of Groff v. Dejoy , holding that employers must demonstrate more than a “de minimis hardship” in their address of religious accommodation in the...
On April 10, 2023, New Jersey lawmakers enacted a new bill that imposes several additional requirements on employers in New Jersey under the New Jersey WARN Act. The new amendments arguably make this the most aggressive Act of its kind in the country...
An article written by Employment Law Partner James F. Devine, Esq. discusses the need for employers to develop a comprehensive Equal Employment Opportunity Policy to communicate zero tolerance for harassment and discrimination in the workplace. ...
In a significant reversal of past precedent, a divided National Labor Relations Board ruled on February 21, 2023 that severance agreements which contain confidentiality or non-disparagement clauses are in violation of the National Labor Relations Act....
In an unexpected Valentine’s Day surprise, the ongoing uncertainty relating to in-person hearings versus virtual hearings may have been clarified by the Pennsylvania Workers’ Compensation Appeal Board’s Opinion and Order in Gerald Steibler v. PHI ...
An article written by Employment Law attorney Ryan W. Morris discusses the need for employers to develop a Medical Marijuana Policy. ...
The Fair Labor Standards Act (FLSA) establishes a threshold for calculation of overtime eligibility. From 2004 until 2020, that salary threshold was $23,600 ($455 per week). In January 2020, the Department of Labor (DOL) raised the salary threshold...
In Garzon v. Morris County Golf Club , A-1100-21 (App. Div. December 23, 2022), the Appellate Division of New Jersey held that a Petitioner’s attorney’s counsel fee should not automatically be set at 20% of awards. The Court applied this analysis...
“Non-competes block workers from freely switching jobs, depriving them of higher wages and better working conditions.” So says Lina M. Khan, Chair of the Federal Trade Commission (FTC). On January 5, 2023, the FTC published a proposed rule that...
One of the lingering effects of COVID-19 is the changed landscape in many workplaces. During the height of the pandemic, businesses in certain industries, either voluntarily or involuntarily, temporarily moved much, if not all, of their employees to...
In a case of significant importance to the insurance industry, the United States Court of Appeals for the Third Circuit has concluded that Pennsylvania's Motor Vehicle Financial Responsibility Law (“MVFRL”) does not require insurers to seek new sign...
An article written by Employment Law Partner Ryan J. Murphy, Esq. discusses the need for employers to develop a deliberate safety policy and program to protect its workers and prevent injuries. ...