Pay Me Now… or Pay Me (Much More) Later!
December 12, 2017 By Eric G. Marttila When an employment relationship ends – whether by termination or resignation – employers must be aware of their obligation to pay any wages then due and owing, or be prepared to suffer the substantial consequences. Under Pennsylvania’s Wage Payment and Collection Law (“WPCL”) 43 P.S. §260.1 et seq., […]
When Unexpected Income Loss Strikes Home: What Are Your Options?
December 6, 2017 By Douglas Wayne Few people are adequately prepared for a sudden or unexpected loss of income due to no fault of their own. The cause for the loss of income can take many forms. Perhaps a negligent driver runs a stop sign and strikes your vehicle, leaving you in pain and unable […]
I Need an Attorney for my Divorce/Support/Custody Case – Where do I Even Begin?
November 28, 2017 By Elizabeth C. Early Many individuals involved in a lawsuit realize at one point or another that they need the guidance of an attorney. The court system is a complex structure involving state procedural rules, local procedural rules, statutes as well as the practices and preferences for each decision maker. Our court […]
A Primer on Impeachment in the United States According to the U.S. Constitution
November 21, 2017 By Joel D. Rosen Impeachment. It is a term that has been raised by political opponents, whether or not warranted, since the ratification of the Constitution, but seemingly with more frequency since the Nixon administration. Impeachment is now being raised in discussions regarding President Trump. But what do we know about the […]
Has Chen Changed the Face of Subrogation in Pennsylvania Workers’ Compensation Matters?
November 7, 2017 By Thomas E. Panzer The Pennsylvania Workers’ Compensation Act allows an employer and its workers’ compensation insurance carrier to subrogate to a third-party recovery. In other words, where an employee is injured while in the course and scope of employment, and the injury is due to the negligence of a third party, […]
Residential Lease: More Than an Annoying Formality
November 1, 2017 By Melanie E. Murphy Picture this: you’ve been scouring Craigslist for weeks trying to find the perfect house or apartment to rent. You finally discover one that hits all of your criteria. You contact the landlord, tour the property, fill out the application, and you think you’re ready to go to enjoy […]
FAQs for Employers on Pennsylvania Workers’ Compensation Benefits
October 25, 2017 By Thomas E. Panzer Based upon the Pennsylvania Statewide Average Weekly Wage, the maximum compensation payable under the Workers’ Compensation Act, is $995 per week for injuries occurring on and after Jan. 1, 2017. As an employer, you have the responsibility to provide workers’ compensation coverage to your employees. You also have […]
Protect Your Rights as an Employee: FAQs on Pennsylvania Workers’ Compensation Benefits
October 19, 2017 By Thomas E. Panzer If you sustain a job injury or a work-related illness, the Pennsylvania Workers’ Compensation Act provides for your medical expenses and, in the event that you are unable to work, wage-loss compensation benefits until you’re able to go back to work. Here are some frequently asked questions to […]
Protests and Discipline in the Private Workplace: It’s More Complicated than a Tweet
October 17, 2017 By James B. Shrimp On September 23, 2017, at a purported campaign rally for Senator Luther Strange, President Trump made the following extemporaneous comments regarding the National Football League, its owners, and its players: Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get […]
Workers’ Compensation in PA: Who Has Control Over the Work
October 11, 2017 By Thomas E. Panzer There is no bright line rule to determine the existence of an employer-employee relationship under the Pennsylvania Workers’ Compensation Act; however, the Pennsylvania Courts have created guidelines and have established certain factors to take into consideration in answering the question. The primary factor in determining whether a particular […]
Differences Between Employees and Independent Contractors for Pennsylvania Workers’ Compensation
October 4, 2017 By Thomas E. Panzer Any claimant who has filed a Claim Petition for Workers’ Compensation benefits bears the burden of establishing all of the elements necessary to support the award of benefits. In order to establish the right to workers’ compensation, the Pennsylvania Workers’ Compensation Act requires an employment relationship, during which […]
The Survivor Takes All… NOT ALWAYS
September 27, 2017 by Mary R. LaSota Married without a Will in Pennsylvania? Do you think your surviving spouse will inherit everything? Think Again. For those assets that are not disposed of by Will, or by a beneficiary designation (i.e., 401(k), insurance proceeds, IRA) or by survivorship rights (i.e., tenancy by the entirety, joint tenancy […]
Failure to pay Condo or HOA dues could lead to excessive penalty fees!
September 21, 2017 by Kevin Cornish Many individuals in Pennsylvania live in planned communities such as townhouses or condominiums. Association dues and assessments, as well as possible penalties and fines, are regularly due from homeowners to the association. If a homeowner fails to make payment, it could lead to liability far in excess of the […]
Workers’ Compensation and Specific Loss: The Medical Evidence Must Establish Permanence
September 13, 2017 by Douglas Wayne High Swartz is pleased to be able to report a successful appellate defense result for a Workers’ Compensation defendant in a case where a worker claimed a work-related specific loss. Due to our efforts, an incorrect legal conclusion initially reached by a Workers’ Compensation Judge was successfully reversed on […]
Want a Judge instead of an Arbitrator?
September 6, 2017 by Donald Petrille, Jr. If you want your case heard by a Judge instead of an Arbitrator – Be sure to read those forms! The Superior Court of Pennsylvania recently decided the case of Fellerman v. PECO. The case involved a homeowner who alleged a home inspector failed to find a rotting […]
It is a Violation of Federal Law for an Employer to Require an Employee to take a Polygraph…No Lie!
It is a Violation of Federal Law for an Employer to Require an Employee to take a Polygraph…No Lie! August 29, 2017 By Eric G. Marttila Nearly 30 years ago, on June 27, 1988, President Ronald Reagan signed the Employee Polygraph Protection Act (EPPA or Act). The Senate Report, which led to the law’s enactment, […]
Protz: Recent Supreme Court Ruling is Game Changer for Pennsylvania Workers’ Compensation Claims
August 17, 2017 By Linay L. Haubert Once a Pennsylvania workers’ compensation claimant qualifies for wage benefits, that claimant is generally entitled to continue receiving these wage benefits until her or his right to wage benefits ends or is modified either by (1) agreement of the parties (usually in the form of a settlement) (2) […]
Hey Boss, Give Me the Tips I Earned! Not So Fast.
August 8, 2017 By James B. Shrimp There is a common misconception that an employee that works for tips – e.g., restaurant and hotel workers – are always entitled to the tips they earn. However, this is not true if the employer pays you at least minimum wage. Legal Background The Fair Labor Standards Act […]
What Does “Earning Capacity” Mean and Why Does it Matter for my Support Case?
August 1, 2017 By Elizabeth C. Early When a marriage is ending, one of the first issues that must be addressed is the amount of support payments that must be paid. The first task in calculating support, whether it be spousal support, alimony pendente lite or child support, is calculating the parties’ income available for […]
Child Care Workers’ Challenge to Firing for Reporting Abuse
July 25, 2017 By Thomas D. Rees, Esq. On May 23, 2017, the Pennsylvania Superior Court issued an important employment law decision, affecting everyone who works with children. In Krolczyk v. Goddard Systems, Inc., ___ A.3d ___, 2017 WL 2255554 (Pa. Super. May 23, 2017), the Court allowed ex-employees to sue for wrongful discharge after […]