Articles

• 2012 Will Be a Big Year for Health Care Reform
  January 20, 2012
  On Mar. 27, 2012, the U.S. Supreme Court will hear several hours of oral argument on whether the Patient Protection and Affordable Care Act of 2010, commonly called Health Care Reform, is constitutional. The primary challenge arises from the Act’s “individual mandate,” a provision effective in 2014 which requires individuals to buy health insurance or pay certain penalties.
  
  
• Third Circuit Decision May Limit a Health Plan's Ability to Get Reimbursed for Benefits Paid When There Is a Third Party Recovery
  January 17, 2012
  A recent decision by the Third Circuit could have a significant impact on the subrogation and reimbursement policies of self-insured health plans governed by the Employee Retirement Income Security Act of 1974 (ERISA).
  
  
• U.S. Department of Labor Revises Form LM-30 for Union Officers, Employees and Trustees
  January 15, 2012
  On Oct. 26, 2011, the U.S. Department of Labor’s Office of Labor-Management Standards issued a revised Form LM-30 with instructions for use by Union officers and employees beginning in the 2012 calendar year (and due Mar. 31, 2013).
  
  
• Willig, Williams & Davidson Gets Injunction to Stop Pension Changes
  January 10, 2012
  On Dec. 29, 2011, Alaine S. Williams of Willig, Williams & Davidson obtained a preliminary injunction on behalf of the American Federation of State County and Municipal Employees (AFSCME) District Council 85 to stop planned pension changes by Erie County, Pa.
  
  
• Federal Judge Rejects City of Harrisburg's Bankruptcy Petition
  December 6, 2011
  In a case that has received national attention, the U.S. Bankruptcy Court for the Middle District of Pennsylvania has rejected a petition filed by the City Council of Harrisburg, Pa., for bankruptcy protection under Chapter 9 of the Bankruptcy Code.
  
  
• Third Circuit Allows Withdrawal Liability Claim to Receive Administrative Priority Status in Chapter 11 Bankruptcy
  December 2, 2011
  In one of the more significant bankruptcy and employee benefits decisions issued this year, the U.S. Court of Appeals for the Third Circuit held that withdrawal liability could qualify as an administrative expense in Chapter 11 bankruptcy and therefore receive priority over claims of general unsecured creditors.
  
  
• Pennsylvania Supreme Court Bolsters Public Workers' Pension Rights
  November 29, 2011
  On November 25, 2011, the Supreme Court of Pennsylvania issued a unanimous decision protecting the pension rights of public employees in a case litigated by Willig, Williams & Davidson and the Pennsylvania Labor Relations Board on behalf of firefighters in the City of Erie.
  
  
• Workers' Compensation Questions Answered: What If Someone Other Than My Employer Caused My Injury?
  November 18, 2011
  In a great number of situations, the worker's injury was not caused by a fellow employee or the employer, but rather by a "third party," such as the manufacturer of defective machinery.  
  
  
• Workers' Compensation Questions Answered: What Social Security Disability Benefits Are Available?
  October 14, 2011
  The Social Security Administration administers two (2) disability programs: Disability Insurance benefits and Supplemental Security Income. Our Pennsylvania workers' compensation lawyers explain each.
  
  
• Workers' Compensation Questions Answered: May An Employer Terminate My Employment After I Have Suffered A Work Injury?
  October 7, 2011
  As long as your employer has not violated the terms of a union contract, discriminated against you on the basis of your disability, or violated the Family and Medical Leave Act, it has the right to terminate your employment after you suffer a work injury. Our Pennsylvania workers' compensation lawyers explain more.
  
  
• Workers' Compensation Questions Answered: Under What Circumstances Can My Employer Attemtp to Suspend or Terminate My Compensation Benefits?
  October 3, 2011
  Our Philadelphia workers' comp lawyers explain what happens if you and your employer do not agree on your right to continue to receive of compensation benefits.
  
  
• Workers' Compensation Questions Answered: What Wage Loss Benefits Am I Entitled To If I Am Injured On the Job?
  September 26, 2011
  Our workers' compensation lawyers discuss what benefits you are entitled to if you are still working but you are not making the same as you did before your work injury.
  
  
• NLRB, Employer Studies Analyze Increase in Social Media Workplace Disputes
  September 19, 2011
  U.S. employers continue to overreact to employee social media activities – and employees and unions continue to allege that they are breaking the law in the process – according to two recent studies released by the National Labor Relations Board (NLRB) and the U.S. Chamber of Commerce.
  
  
• Workers' Compensation Questions Answered: May I Choose My Physician?
  September 16, 2011
  Unless your employer has posted a list of medical providers with whom you must treat in connection with a work injury, you have the right to choose your own physician. Our PA workers' comp lawyers explain how.
  
  
• Workers' Compensation Questions Answered: How Are Claim Petitions Processed By The Bureau Of Workers' Compensation?
  September 9, 2011
  After a petition is filed, it is assigned to a judge located in the county where you live. At the same time that the petition is assigned to a judge, a copy is served upon the employer and its workers’ compensation insurance carrier. Your employer or its carrier has twenty (20) days from the date of service to file an answer to your petition.
  
  
• Workers' Compensation Questions Answered: What Should I Do If My Claim Is Denied?
  August 12, 2011
  The Pennsylvania Workers’ Compensation Act requires an employer to either accept or deny a claim within twenty-one (21) days of the date that notice of the work injury is provided by the injured employee to the employer.
  
  
• Getting a Mortgage After the Meltdown
  August 10, 2011
  Getting a mortgage and/or refinancing in today’s economic climate can be a challenging and exasperating experience for many individuals. In the days before the mortgage crisis, when mortgage money was plentiful, many people were able to obtain a mortgage with less than stellar credit and little or no documentation to justify their ability to pay the mortgage.
  
  
• Workers' Compensation Questions Answered: What Should I Do If I Suffer A Work Injury?
  July 29, 2011
  When you suffer an injury as a result of an accident or repetitive injury, you should give notice to your supervisor or any other person designated by your employer immediately. You should report the injury even if you do not anticipate missing time from work. Notice can be given either verbally or in writing. If required, complete an incident report.
  
  
• Pennsylvania Legislature Passes Bill Designating Cancer an Occupational Disease for Firefighters
  July 8, 2011
  On July 7, 2011, Pennsylvania Governor Tom Corbett signed Act 46 of 2011, which designates cancer as an occupational disease for firefighters and doubles the limitations period for filing firefighter cancer claims to more than 11 years. Enactment of the firefighter “cancer presumption” law caps a 25 year effort by professional and volunteer firefighters to win this much-needed protection.
  
  
• NLRB Develops Framework to Address Social Media in Collective Bargaining and Union Organizing
  June 20, 2011
  With the exploding popularity of social media, and the increasing use of sites like Facebook for union organizing and collective bargaining campaigns, it is perhaps inevitable that cases involving employee posts and comments on such sites will find their way to the National Labor Relations Board.
  
  
• Things to Know About the New Adoption Amendments
  June 10, 2011
  The new amendments to the Pennsylvania Adoption Statutes are both comprehensive and controversial. These amendments went into effect on April 27, 2011. At this point there seem to be more questions than answers - there is no consensus as to forms or procedures used to implement the amendments. Practitioners are strongly urged to contact their local adoption liaison in the court system to determine what additional forms and procedures have been added to their local adoption practice.
  
  
• Secured Debts in Chapter Seven Bankruptcy: To Reaffirm or Not to Reaffirm
  May, 2011
  Chapter Seven bankruptcy is designed to assist debtors in financial difficulty who do not have the ability to pay their existing debts. In exchange for having their debts “discharged,” however, a Chapter Seven debtor may have to give up certain property, which is then auctioned off, with the proceeds applied towards their debt.
  
  
• Safeguard Your Credit
  April, 2011
  Your credit follows you throughout your lifetime. Mistakes on your credit report can affect your credit score and your ability to receive credit. Pay careful attention to your credit report to insure accurate reporting.
  
  
• Traffic Violations in Pennsylvania: Protecting your Driving Privileges
  April, 2011
  Citations that do not lead to jail or suspension, may still lead to points on your license, additional sanctions by PennDOT, and an increase in your insurance rates.
  
  
• What Everyone Should Know About Child Custody & Child Support Procedure in the Philadelphia Family Court, Domestic Relations Branch
  April, 2011
  Whether a family law case centers around the filing of a divorce or whether parties have never married, many couples find themselves having their first experiences with the court system by pursuing their rights to child custody or child support.
  
  
• Why Tenants Need Renter’s Insurance
  April 1, 2011
  Many Tenants falsely assume that when they are renting a property from a Landlord, that the Landlord’s insurance will protect them if something happens that destroys their personal belongings in the rental property. This is not necessarily true.
  
  
• NLRB Announces Groundbreaking Settlement in “Facebook Firing” ULP Case
  February 21, 2011
  On February 7, 2011, the National Labor Relations Board announced a groundbreaking settlement in a highly-publicized unfair labor practice dispute involving an employee who was terminated for posting disparaging comments about a supervisor of her Facebook page.
  
  
• Court Rules That Public Employer May Search Text Messages Sent and Received at Workplace
  June 17, 2010
  A recent court case makes clear that the right to privacy of public employees’ electronic communications at the workplace is severely limited such that their employer most likely could read that communication without violating the U.S. Constitution.
  
  
• Highlights on Health Care Reform Legislation
  May 20, 2010
  In March, President Obama signed the Patient Protection and Affordable Care Act (and an accompanying reconciliation bill) into law.  This new law will make dramatic changes to this country’s health care system. Here is what you need to know... 
  
  
• Form 990-N E-Postcard Due May 17, 2010 For Small Calendar Year Tax-Exempts, Including Labor Unions
  May 12, 2010
  In the Fall of 2007, we wrote to our clients about a brand new filing requirement for small tax-exempt organizations, including labor unions.
  
  
• State Budget Impasse: The Political Question Doctrine, Statutory Interpretation and Federal Pre-Emption
  March 9, 2010
  The Legal Intelligencer Supplement - Top Cases of 2010
  
  

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