Articles & Updates
GROUP BLOG: Tips for minimizing liability when disciplining an employee following a leave of absence under the FMLA
With increasing frequency, employees are bringing “FMLA retaliation” lawsuits against employers when they are disciplined, particularly when the...
LEGAL UPDATE: Proposal to amend PA Dormant Oil and Gas Act would benefit both landowners and drillers
By: Jennifer L. Beresky, Esq. On January 21, 2015, House Bill 67 was referred to the Environmental Resources and Energy Committee of the...
GROUP BLOG: Must employees disclose their religion to their employers? It depends: Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.
Later this month, Abercrombie & Fitch, the brand made for the “popular kids”, will have its chance to argue that without explicit notification...
GROUP BLOG: The EEOC’s mandatory duty to conciliate discrimination claims under question in EEOC v. Mach Mining
On Jan. 13, the Supreme Court heard arguments in EEOC v. Mach Mining, a case that could tame, what some employer groups have called, the agency’s...
ATTORNEY BLOG: OSHA may be expanding its recordkeeping requirements to match its five-year retention policy
By: Cressinda “Chris” D. Schlag, Esq. During the first week of December, OSHA held a meeting with the Advisory Committee on Construction Safety and...
ATTORNEY BLOG: Pa. Governor-elect’s policy changes to impact natural gas industry
By: Jennifer L. Beresky, Esq. In a decisive election this past November, Democrat Tom Wolf defeated sitting Pennsylvania governor and Republican,...
ATTORNEY BLOG: What you need to know about OSHA’s intensifying focus on fracking operations
By: Cressinda “Chris” D. Schlag, Esq. Over the past couple of years, OSHA has intensified its focus on the oil and gas industry, leading to several...
GROUP BLOG: Compensable activities under FLSA still unclear after unanimous U.S. Supreme Court ruling in Integrity Staffing Solutions v. Busk
Federal law requires an employer to pay an employee for any activity that is integral and indispensable to the job they were hired to do. But what...
LEGAL UPDATE: Pennsylvania remains a Second Restatement jurisdiction: The impact of the Pennsylvania Supreme Court’s decision in Tincher v. Omega Flex, Inc.
By: Stephanie Solomon, Esq. and Nichole Humes, Esq. The Pennsylvania Supreme Court has politely declined an invitation to adopt the Restatement...
GROUP BLOG: West Virginia Wage Payment Collection Act — Class actions can apply to out-of-state employers
As a follow up to a previous post, Ryan Mick provides a brief primer on class action claims brought under the West Virginia Wage Payment Collection...
LEGAL UPDATE: OSHA accepting comments on proposed changes for regulations on chemical management and PELs
By: Cressinda D. Schlag On Oct. 9, 2014, OSHA published a Request for Information (RFI) on Chemical Management and Permissible Exposure Limits...
LEGAL UPDATE: OSHA announces top 10 violations for 2014
By: Cressinda D. Schlag At the end of September, OSHA released its list of the top 10 most frequently cited standards in violations resulting from...
LEGAL UPDATE: OSHA tightens severe injury reporting requirements for employers in final rule
In the final rule for Occupational Injury and Illness Recording and Reporting Requirements released on Sept. 11, the U.S. Department of Labor's...
GROUP BLOG: West Virginia’s Wage Payment Collection Act: Employers’ Failure to Pay Final Wages Can Be Costly
The West Virginia Wage Payment and Collection Act (WPCA), at first glance, is relatively straightforward. However, scenarios can arise that will...
ATTORNEY BLOG: Two recent Commonwealth Court decisions show the need for thorough investigations involving alleged injuries sustained on employer premises
By: Joseph C. Romano, Esq. The Commonwealth Court recently issued two decisions relating to issues involving course and scope of employment and...
LEGAL UPDATE: Commonwealth Court of Pa. limits authority of PUC to regulate local oil and gas development
By: Kevin R. Green In a three-to-two split decision on July 17, 2014, the Commonwealth Court of Pennsylvania in Robinson Tp., Washington County v....
GROUP BLOG: The impact that Pa. Federal District Court’s legalization of same-sex marriage will have on private employers and businesses
On May 21, 2014, the federal district court in Harrisburg decided Whitewood v. Wolf. The District Court held that it was unconstitutional for...
GROUP BLOG: 10 million reasons for taking a well-reasoned approach to criminal screening policies
How much is a second chance worth? $10 million? Sixty cities and counties and twelve states currently comprise the growing “ban the box” movement in...
LEGAL UPDATE: FDA issues final rule and guidance on records access as required by the Food Safety Modernization Act
By: T.H. Lyda April 3, 2014 — Today the Food and Drug Administration (FDA) announced the adoption of the interim final rule “Establishment,...
LEGAL UPDATE: Pa. Supreme Court rejects reconsideration of Act 13 decision
By: Cressinda D. Schlag On February 21, 2014, the Pennsylvania Supreme Court rejected lawyers' arguments on behalf of Commonwealth agencies and...
LEGAL UPDATE: Pa. Supreme Court’s recent decision in Tooey v. AK Steel Corporation impacts asbestos litigation against employers
By: Nichole E. Humes, Esq. On November 22, 2013, the Pennsylvania Supreme Court handed down a ruling that dramatically impacts the nature of...
ATTORNEY BLOG: Pa. Supreme Court accepts appeal addressing Restatements
By: John Cromer, Esq. The Pennsylvania Supreme Court has finally accepted an appeal to directly address the question of the “Battle of the...
ATTORNEY BLOG: The Third Circuit weighs in on the battle of the Restatements
By: Stephanie Solomon, Esq. The U.S. Court of Appeals for the Third Circuit recently declined a request to accept an interlocutory appeal on a...
LEGAL UPDATE: New West Virginia business court opened on Oct. 10, 2012
The West Virginia Supreme Court of Appeals voted 5-0 to approve a new trial court rule establishing a Business Court Division in West Virginia. The...
ATTORNEY BLOG: The Food Safety Modernization Act — where do we stand 20 months after its enactment?
By: T.H. Lyda, Esq. and Edwin B. Palmer, Esq. The Food Safety Modernization Act (FSMA) was signed into law by President Obama on January 4, 2011....
ATTORNEY BLOG: Aug. 16, 2012 decision continues battle of the restatements in product liability actions
By: Stephanie Solomon, Esq. Lynn v. Yamaha Golf-Car Co., Civil Action No. 2:10-cv-01059 (W. D. Pa. Aug. 16, 2012) Pennsylvania state and federal...
LEGAL UPDATE: Ohio legislators approve tougher oil and gas well regulations
On Thursday, May 24, the Ohio House and the Senate approved Senate Bill 315, an energy bill with provisions regulating the drilling and hydraulic...
ATTORNEY BLOG: PBA Annual Convention addresses need for bankers to stand shoulder-to-shoulder
By: Lyle D. Washowich, Esq. At the 2012 Pennsylvania Bankers Association (PBA) Annual Convention, consensus centered on the need for bankers to...
ATTORNEY BLOG: EPA study concludes that well water is safe to drink in Dimock, Pa.
By: T.H. Lyda, Esq. The U.S. Environmental Protection Agency (EPA) said that drinking water is safe to consume in Dimock, Pa., a town that has...
LEGAL UPDATE: FRSA Jury Awards $1 Million in Punitive Damages to Plaintiff
Last week, a jury awarded $50,000 in compensatory damages and $1 million in punitive damages to plaintiff, Andy Barati in a Federal Rail Safety Act...