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...
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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....
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...
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’...
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...
Ambulance vs. Paratransit Services – Walking a Fine Line
It seems almost common sense that an ambulance can transport a patient, right? Well in some circumstances it is not that simple. In other words, while ambulances are granted a fair amount of deference to transport patients, if the particular transport falls within...
Legal Implications of Electronic Medical Records (EMR) Documentation for Nurses: “Charting” a Better Course
As a medical malpractice defense attorney, I can attest to the important role that medical records play in defending medical negligence lawsuits, especially charting that is done by nurses. Considering that a patient has two years in which to file a medical...
Knowing when to say you’re sorry – The Benevolent Gesture Medical Professional Liability Act
In Pennsylvania, the Benevolent Gesture Medical Professional Liability Act provides a level of protection to health care providers seeking to reach out to patients and family members after a less than optimal medical course. In essence, this law excludes from...
Erosion of the “Abnormal Working Condition” Standard for “Mental-Mental” Work-Related Injuries
For nearly three decades Martin v. Ketchum, 568 A.2d 159 (Pa. 1990) has set the standard upon which a claimant may establish a compensable psychological injury as a result of a work-related mental stimulus or “mental-mental” injuries. The Pennsylvania Supreme Court...
Trending Topics in Nursing Depositions
As a medical malpractice defense attorney, I have attended many nursing depositions over the years. A deposition is a question and answer session where the opposing attorney gets to ask the nurse-witness a wide variety of questions about the care that he or she gave...