C&W Journal

November 21, 2024

Proposed FLSA Salary Threshold Modifications Struck Down

The Department of Labor, in April of 2024, finalized a rule to increase the Fair Labor Standards Act (FLSA) salary threshold for exempt workers. Under the proposed rule, the salary threshold would be advanced in two phases. First, beginning on July 1, 2024, the annual salary threshold for exempt employees would increase to $43,888 or $844 per week...

October 30, 2024

Paper Checks: The New VHS Tape in Pennsylvania Workers’ Compensation

Just like VHS tapes became obsolete with the rise of digital formats, paper checks are seen as outdated in the context of workers’ compensation. In Pennsylvania, much like VHS tapes, paper checks...

September 25, 2024

Politics in the Workplace

There is not a constitutionally protected right to political free speech in the private sector workplace. The First Amendment does protect freedom of speech. However, the First Amendment only...

August 27, 2024

New Jersey Increases Cap on Attorneys’ Fees in Workers’...

On August 22, 2024, Acting New Jersey Governor Nicholas Scutari signed legislation amending N.J.S.A 34:15-64 to increase the cap on attorney’s fees from 20% to 25% in workers’ compensation claims....

July 11, 2024

New Jersey Case Law Update: Barrett v. Hackensack University...

The Appellate Court made a decision in Barrett v. Hackensack University Medical Center , N.J. Super. A-3441-22 (App. Div. 2024) regarding the extent of a compensable accident in workers’...

April 29, 2024

The Federal Trade Commission Bans Non-Compete Agreements

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...

February 26, 2024

A NEW CALCULATION OF PRESCRIPTION DRUG PRICES FOR WORK INJURIES

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...

February 05, 2024

Employee Handbook Review: NLRB Applies New Strict Standard...

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...

January 03, 2024

New Jersey Workers’ Compensation Legal Update - Keim v. Above All...

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...

December 06, 2023

The ADA Questionnaire: A Resource for Enhancement of the...

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...

November 09, 2023

COMPARATIVE FAULT: IS THERE A NEW DEFENSE AVAILABLE TO EMPLOYERS...

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 §...

October 19, 2023

A Collision from Afar: Cybersecurity Meets the Trucking Industry

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:...

October 11, 2023

New Jersey Supreme Court Holds that Multi-Factor Test in...

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...

October 06, 2023

Mandatory Sexual Harassment Prevention Training

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...

July 27, 2023

U.S. Supreme Court Re-examines Standard for Religious Accommodation

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”...

April 11, 2023

New Jersey WARN Act to Require Mandatory Severance Pay

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...

March 22, 2023

Equal Employment Opportunity Policy with Podcast (Anatomy of a...

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...

February 23, 2023

NLRB Rules Non-Disparagement and Confidentiality Provisions in...

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...

February 17, 2023

New Appeal Board Ruling Signals Post-Lockdown Shift Back Towards In...

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...

February 01, 2023

Medical Marijuana Policy and Podcast (Anatomy of a Handbook Series)

An article written by Employment Law attorney Ryan W. Morris discusses the need for employers to develop a Medical Marijuana Policy. A podcast discussing how to develop a Medical Marijuana Policy...

January 24, 2023

Overtime May Cost More in 2023

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...

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