An article written by Employment Law Partner James F. Devine, Esq. discussing the challenges of labor and employee regulations that includes the pursuit of employment rights vs. employers for wrongful discharge. ...
An article written by Employment Law Partner James F. Devine, Esq. discussing the challenges of labor and employee regulations that includes the pursuit of employment rights vs. employers for wrongful discharge. ...
On August 25, 2022, the Pennsylvania Supreme Court eliminated a venue exception for medical malpractice actions filed in the Commonwealth. The rule requiring that medical professional liability claims be brought in the county in which the care...
An article written by Employment Law Partner James F. Devine, Esq. discussing the Americans with Disabilities Act (ADA) since its adoption in 1990 and how employers who wish to avoid discrimination claims by staying compliant to the Act. ...
While there is no law that specifically requires an employer to have a Handbook, we recommend that most employers adopt and publish one that meets their legitimate business interests and establishes their business culture. State and Federal...
On Friday 08/05/2022, Governor Phil Murphy signed into NJ law a bill that will increase auto insurance premiums for about 1 million New Jersey drivers. Current Bodily Injury NJ state minimums will be raised from $15,000 to $25,000 in 2023 and raised...
While many employers experimented with flexible schedules, remote work and better work life balance prior to COVID-19, the pandemic has changed the complexion of the modern workforce. Now, most employees, polled, prefer to work from home-at least...
During the July 28, 2022 meeting of the New Jersey Cannabis Regulatory Commission (“CRC”), a number of hot topics were discussed. No matter which issue we discuss first, it will seem like we are burying the lead. But in our view, the single most...
James F. Devine, the Managing Partner of the firm’s Lancaster office and firmwide Chair of the Employment Law Practice Group, recently published an article entitled An Introduction to Medical Cannabis and the Workplace in the Pennsylvania Bar...
On August 5, 2022, the Pennsylvania Department of Labor and Industry will implement a rule pertaining to the payment of tipped employees as well as the calculation of overtime for salaried, non-exempt employees. The new rule will enhance the...
The Assembly Labor Committee, No. 822, 220th Legislature, is discussing proposed legislation which would establish certain rights for domestic workers. The proposed legislation would create the “New Jersey Domestic Workers’ Bill of Rights Act.” This...
On March 14, 2022, West Virginia Insurance Commissioner Allen McVey issued Insurance Bulletin No. 22-05 titled “Funeral and Cemetery Expenses for Workers’ Compensation Claims.” The Bulletin is notification of an increase in the amount of reasonable...
On February 15, 2022, the Offices of Insurance Commissioner issued a Notice regarding the mileage reimbursement rate. Pursuant to West Virginia Code § 23-4-8(d) and (e), workers’ compensation claimants are entitled to reimbursement mileage driven “in...
Recently, there has been a significant legislative amendment to the Civil Practice and Procedure Law (CPLR) of New York regarding the disclosure of insurance information involving cases filed on or after 12/31/2021. The Act spells out the obligations...
The Centers for Medicare and Medicaid Services (CMS) has recently released an updated Workers’ Compensation Medicare Set Aside (WCMSA) Reference Guide (Version 3.5, January 10, 2022) that may have a significant impact on how parties approach...
Parking Lot Amendment ...
On January 13, 2022, the U.S. Supreme Court issued a stay against the OSHA Emergency Temporary Standard (ETS) for large, private employers. Then in a second opinion, it refused to stop the Interim Final Rule (IFR) issued by the Centers for Medicare...
It is well-established that an injury sustained during a social or recreational activity is not compensable unless such activities (1) are a regular incident of employment and (2) produce a benefit to the employer beyond improvement in employee health...
The Pennsylvania Supreme Court has issued a ruling that could result in a significant increase in the frequency and amount of attorney fee awards to claimants’ attorneys. On December 22, 2021, the Pennsylvania Supreme Court issued its decision in the...
On December 17, 2021, the U.S. Circuit Court of Appeals for the Sixth Circuit reinstated the OSHA Emergency Temporary Standard (ETS) for large private employers. This ETS requires private employers with 100 or more employees to mandate COVID-19...
On December 7, 2021, a federal court in Georgia issued a temporary nationwide injunction against the enforcement of the Biden Administration’s vaccine mandate for federal contractors. This follows developments last week, when a different federal...