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 […]
Why do you need a Power of Attorney for your Child in College?
July 18, 2017 Do you have a child going off to college this fall? Then you know it is time to start shopping for all of the dorm room essentials. But perhaps more importantly, it is also time for them to consider a Power of Attorney. Doctors, hospitals and even the college they are attending […]
Can a Potential Employer ask about Salary History?
July 11, 2017 By Melanie E. Murphy Searching for a job is often a stressful and exhausting process. Applicants often find themselves filling out application after application and crossing their fingers for a call back. Perhaps one of the most daunting questions, despite its relatively straight forward nature, is the dreaded question requesting salary at […]
Second Circuit Upholds NLRB’s Reinstatement of Employee Who Posted Profane Blog About Boss’s Mother
June 27, 2017 By Thomas D. Rees Two years ago, I blogged about a National Labor Relations Board decision restoring an employee’s job after the employee posted a profane blog about his supervisor’s mother- “Can You Insult Your Boss’s Mother at Work and Avoid Dismissal? Maybe so!” After a recent Second Circuit decision, we can […]
5 Things You Need to Know About Social Media and Divorce
June 20, 2017 By Melissa M. Boyd Social media is a constant presence in our lives. It has become a forum for us to catch up with friends across distances, share our triumphs large and small, and feel more connected to family. As such, social networking can be a positive experience. Yet it can be […]
Cutting the Ties: What You Need to Know About Severance Agreements
June 13, 2017 By Melanie Murphy Separating from an employer, even in the best of circumstances, can be a stressful transition. When the separation stems from a termination or layoff, however, the unexpected nature of the transition only serves to amplify the stress. It is at this highly stressful time that you may be faced […]
Statute of Repose in the Context of Construction Cases
June 6, 2017 By Kevin Cornish Imagine you are a homeowner and you hire someone to perform a construction project on your house. Or, you are a contractor who performed some type of construction. Once a job is completed, what is the maximum amount of time that Pennsylvania allow for a lawsuit to be filed […]
A Daughter’s Plea
In Loving Memory of Christina C. Henrick (December 27, 1949-April 28, 2017) May 24, 2017 By Stephanie A. Henrick While this is extremely hard for me to write, I think it is important to share my personal experience in order to hopefully prevent others from suffering what I have just gone through. I am an […]
Spring Cleaning Your Auto Insurance Policy: Are You Adequately Covered?
May 17, 2017 By Douglas Wayne Automobile insurance is a necessary evil. No one likes paying for a product like auto insurance that no one wants to ever have to use. However, the only thing worse than paying for unused automobile insurance is discovering, after an accident, that the automobile insurance you have been paying […]
Compensatory Time Coming to a Private Employer Near You?
May 10, 2017 By James B. Shrimp Last week the U.S. House of Representatives passed House Resolution 1180, entitled the Working Families Flexibility Act of 2017 (“WFFA”). Consideration of the WFFA is now onto the Senate. The WFFA will amend the Fair Labor Standards Act to permit an employer, at the employer’s option, to provide […]