A May 10, 2018, article that appeared in the Fresno Bee reminded me of something that happens all too frequently. An employee gets “caught on tape” committing some fireable offense, but when the matter comes up for a hearing, the video is nowhere to be found. Either it was taped over, lost, or worse, deliberately […]
A Pound of Prevention Costs Less Than an Ounce of Cure
Any manager with an Internet connection can pull up hundreds of articles about how to avoid employee lawsuits. All of them preach essentially the same practices. Yes, you should know and understand federal, state and local laws against discrimination. Yes, you should be proactive in setting clear expectations. Yes, you should have documentation to support […]
The Seven Rules Every HR Manager Knows
Everyone who has ever worked in Human Resources has probably experienced these principles at some point or another. And so, with tongue planted not-too-firmly in cheek I offer them to you: No good deed ever goes unpunished. One of the worst things you can do is to fail to follow your own policies. You might […]
Do You Really Need Non-Compete Agreements With Your Hourly Employees?
On December 7, 2016, the Chicago Tribune reported that sandwich maker Jimmy John’s had agreed to a $100,000.00 settlement with the Illinois attorney general over its use of non-compete agreements with its hourly employees. Those agreements barred employees from working at another sub shop while employed with Jimmy John’s and for a period of two […]
New Limitations on Pennsylvania’s Peer Review Protection Act
Hospitals that contract with outside physician groups for essential services need to reexamine their relationships with those entities as a result of a recent decision by the Pennsylvania Supreme Court in Reginelli v. Boggs, et al, No. 20 WAP 2016, 21 WAP 2016, 22 WAP 2016 and 23 WAP 2016 (Pa. March 27, 2018). In […]
Medical Marijuana in Pennsylvania: Let the Good Times Roll
On April 17, 2016, the Pennsylvania Medical Marijuana Act (MMA) was signed into law. However, even at the outset, it was anticipated that it would take between 18 and 24 months to implement the program. Thus, we are only now beginning to address issues arising from the Act. Employers and Workers’ Compensation carriers are concerned […]
Use of Collateral Estoppel in Workers’ Compensation and Heart and Lung Litigation – An Overview
Over the last approximate ten year period, the courts of the Commonwealth have addressed the applicability of collateral estoppel in Workers’ Compensation, Heart and Lung and other related areas. Although there is still a good bit of room for the parties to argue their respective positions, the case decisions have started to take some shape […]
Protz v. WCAB (Derry Area School District): The Death of the IRE
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 […]
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