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 […]
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 […]
It’s Eleven O’Clock: Do you know who your employees are?
Hire him as an employee and he’s an employee. Hire her as an independent contractor, she’s an independent contractor. Employees get W-2’s and are eligible for benefits. Independent contractors get 1099’s, and aren’t. Easy, right? If it were that simple, the Department of Labor, the IRS and various states would not be fielding an increasing […]
2017 Workers’ Compensation Rate Announced
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Criminal Charges and the UC Process
Willful misconduct in the workplace may rise to the level of criminal conduct, resulting in an arrest, criminal charges and, oftentimes, discharge from employment. If the former employee then files a claim for UC benefits, the employer must still establish that the claimant engaged in willful misconduct, which has been defined as: 1) An act […]