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 […]
Child Support Liens: Impact on Workers’ Compensation Settlement Awards
In Pennsylvania, workers’ compensation lump sum settlements must account for existing child support arrears. Injured workers are typically required to sign a Child Support Affidavit and a lien search is required using the injured worker’s social security number to ensure that no liens exist. Pennsylvania’s Domestic Relations statute provides the following as to child support […]
BUT I TOLD HIM NOT TO DO THAT! Violation of Positive Work Orders Revisited
Depending upon the circumstances, a “violation of a positive work order” may provide an affirmative defense to a workers’ compensation claim.[1] Three criteria must be met: (1) The injury must be, in fact, caused by the violation of the order or rule; (2) The employee must actually be aware of the order or rule prior […]
UC Audits
The mere word – “audit” – can strike fear in the hearts of the courageous and can cause one to want to run away and hide. But, each year, thousands of Pennsylvania employers are selected for audit to ensure compliance with the reporting and taxation provisions of the Pennsylvania Unemployment Compensation (UC) Law. Survival is […]