In the Summer 2016 edition of this Bulletin, this author outlined the assault the claimant’s bar and the Pennsylvania appellate courts had begun on Section 306(a.2) of the Workers’ Compensation Act (see TR&C Workers’ Compensation Bulletin, Vol. XIII, No. 8, Summer 2016). With its recent decision in Protz v. WCAB (Derry Area School District), No. […]
The DOL Withdraws the Informal Guidance on Joint Employment and Independent Contractors
On June 7, 2017, the Department of Labor (DOL) withdrew its 2015 and 2016 informal guidance on the topics of joint employment and independent contractors. These guidelines were issued during President Obama’s administration, and had the effect of expanding joint employer liability and narrowing the definition of independent contractor. The guidance letters were in the […]
Putting the Steeple (Back) on the Hospital: Supreme Court Rules that Benefit Plans for Employees of Religious-Affiliated Hospitals are Exempt from ERISA
In a June 5, 2017 decision, the U.S. Supreme Court held that benefit plans covering employees of church-affiliated hospitals were “church plans,” and hence not subject to ERISA, despite not being “established” by a church. The decision, Advocate Healthcare Network v. Stapleton, ___U.S.___, 2017 U.S. LEXIS (U.S. June 5, 2017), reverses a recent trend in […]
Sexual Harassment: Actions that Both Employers and Employees Can and Should Take in the Event of Sexual Harassment
Unwelcome sexual advances in the workplace, whether in the nature of a physical act or a verbal proposition, may constitute prohibited sexual harassment under the law. Employers may be liable for such conduct when it occurs in the workplace or at off-site work functions, and victims of sexual harassment may be entitled to damages. It […]
IRE: A Glance at Recent Developments
In recent years, there has been a considerable uptick in the volume of case law which has been handed down regarding Impairment Rating Evaluations (IREs). Under Section 306(a.2) of the Workers’ Compensation Act, 77 P.S. § 511.2, after receiving 104 weeks of total disability benefits, at the employer’s request, a claimant must submit to a […]
The Do’s and Don’ts of Political Discourse at Work: Tips for Employers and Employees
Given the polarizing effect the presidential election has had on our nation, political discussion has become a regular occurrence in many people’s daily lives, even during the workday. When this occurs, it is best for an employer to pause and consider employees’ right to engage in this type of discussion along with the employer’s own […]
Six Things You Need To Know About Group Long-Term Disability Insurance
Many employers provide group long-term disability (LTD) insurance as a benefit for their employees. Group LTD insurance can be an affordable alternative to an expensive individual policy. If you need it, and hopefully you never will, it can be a godsend. But you need to be aware of, and plan for, the limitations common to […]
Arbitration is like a box of chocolates: You never know what you’re going to get
Employers love arbitration clauses. Most believe that arbitrators will treat them more favorably than a judge or jury, and that the process will be faster and less expensive than going to court. Generally speaking, they are right. A recent case out of the Supreme Court of Connecticut, State of Connecticut v. Connecticut Employees Union Independent, […]
Summary Plan Descriptions Aren’t Just for Retirement Plans
Most employers understand the need to provide a Summary Plan Description (SPD) to participants in their retirement plans, such as 401(k) and 403(b) Plans. Many employers don’t realize that this same requirement applies to their medical, dental, life and disability plans. Some employers think that all they need to do is to distribute the benefit […]
2 P.O. or not 2 P.O.? That is the Question!
In Pennsylvania, what would typically be referred to as motions to dismiss under Rule 12 of the Federal Rules of Civil Procedure and similar rules in many states are referred to as “Preliminary Objections” under Rule 1028 of the Pennsylvania Rules of Civil Procedure. Rule 1028 provides that preliminary objections may be filed by any […]
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