C&W Journal

September 07, 2022

DISCIPLINE AND DISCHARGE POLICY with PODCAST (Anatomy of a Handbook Series)

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. ...

August 30, 2022

Changes to Medical Malpractice Venue Rules in Pennsylvania

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...

August 18, 2022

AMERICANS WITH DISABILITIES ACT POLICY with PODCAST (Anatomy of a...

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. ...

August 15, 2022

Anatomy of a Handbook

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...

August 10, 2022

NJ Mandatory Automobile Liability Insurance Increase

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...

August 08, 2022

The New Order of the Remote and Hybrid Employment Environment

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...

August 04, 2022

NJ Cannabis Regulatory Commission Monthly Meeting Update for July 2022

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...

August 04, 2022

Devine Pens Cannabis and the Workplace Article for PBA Labor &...

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...

July 29, 2022

Pennsylvania to Adopt New Rule Addressing Tips and Overtime...

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...

June 24, 2022

WHAT DOES THE DOBBS V. JACKSON WOMEN’S HEALTH ORGANIZATION DECISION...

May 24, 2022

New Jersey Workers’ Compensation Legal Update: Proposed Domestic...

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...

March 28, 2022

Funeral and Cemetery Benefits for WV Workers’ Comp Claims Increased...

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...

March 21, 2022

West Virginia OIC Increases State Mileage Reimbursement Rate

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...

March 02, 2022

NY Updates CPLR to Include New Mandatory Insurance Disclosure...

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...

January 27, 2022

UPDATED WORKERS’ COMPENSATION MEDICARE SET ASIDE (WCMSA) REFERENCE...

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...

January 17, 2022

New Jersey Workers’ Compensation Legal Update – January 2022

January 14, 2022

U.S. SUPREME COURT BLOCKS OSHA VACCINE MANDATE ETS BUT PERMITS CMS...

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...

January 05, 2022

New Jersey Workers' Compensation Case Law Update: ...

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...

December 23, 2021

PA SUPREME COURT DECISION CHANGES LAW ON CLAIMANTS’ ENTITLEMENT TO...

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...

December 20, 2021

COVID-19: SIXTH CIRCUIT REINSTATES OSHA VACCINE MANDATE ETS

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...

December 09, 2021

FEDERAL COURTS BLOCK COVID-19 VACCINE MANDATE FOR FEDERAL...

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...

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