- What's the Difference between 'Obamacare' and the 'Affordable Care Act'? NOTHING
February 16, 2017
A recent article in the New York Times reported survey results showing that one-third of the people surveyed did not know that “Obamacare” and the “Affordable Care Act” refer to the same law. Even more people – more than 60 percent! – did not know what would happen if the ACA is repealed. So what could happen? The consequences could be huge – and may affect you and your family.
- Cases to Watch: 'Right to Work' Lawsuits
February 14, 2017
For the past few years, there has been a concerted attack mounted by various conservative groups against labor organizations representing public sector workers. The attacks include promoting state legislation abolishing collective bargaining by public workers outright or seriously eroding the rights of public workers to negotiate over wages, hours and terms and conditions of employment.
- Philadelphia Equal Pay Ordinance Aims to Curb Gender Pay Gap
February 14, 2017
Much has been reported about a new Philadelphia ordinance that makes it illegal for employers to ask job applicants about their salary history. But the ordinance goes beyond that simple sound bite.
- What You Should Know About Act 534/632 Benefits
April 4, 2016
What Benefits does Act 534/632 Provide for Injured Workers? Who is Covered by Act 534/632? What is the Difference Between Act 534/632 and Workers? Compensation? How Long May an Injured Worker Receive Act 534/632 Benefits?
- Court Decision Puts 'Medical Only' NCPs on the Clock
March 23, 2016
The Pennsylvania Commonwealth Court recently issued a decision that drastically affects an injured worker’s entitlement to wage loss benefits following an employer's acceptance of a "medical only" claim.
- How to Get Accurate Information About Your Rights Under Workers' Compensation
March 23, 2016
Most workers never even think about workers’ compensation until they are injured. Unfortunately, employers and insurance companies are not obligated to tell an injured worker their rights under the Pennsylvania Workers’ Compensation Act.
- Understanding Mediations Under the PA Workers' Compensation Act
March 23, 2016
In its simplest terms, a “mediation” in a Pennsylvania workers’ compensation case is a meeting between the parties in a dispute and an independent mediator, who is almost always another PA workers’ compensation judge.
- Understanding Contested Adoptions in Pennsylvania
February 8, 2016
Adopting a child is a time of great joy which also can bring mountains of paperwork, however, as one works through the legal process of adoption. Especially if that adoption is "contested."
- Dividing Marital Assets in No-Fault Divorce - What's It Worth, and What Do I Get?
February 4, 2016
No-fault divorce laws in Pennsylvania have shifted the primary focus of the divorce process from finding who was at fault to determining the value of and dividing marital assets.
- Do I Have a Common Law Marriage and Will the Social Security Administration Acknowledge It?
January 27, 2016
In some places in the United States, a couple can get married without a marriage license and without a civil or religious ceremony. This type of marriage is called a “common law marriage.”
- Cadillac Tax Delayed: What It Means for Unions
January 21, 2016
In response to growing concerns raised by both labor and management groups, Congress passed a law in December 2015 that delayed the start of the Affordable Care Act’s “Cadillac Tax” for two years, until Jan.1, 2020.
- Temple Adjunct Professors Win Union Representation
January 21, 2016
On Nov. 25, 2015, Temple University’s adjunct faculty voted in favor of union representation by a more than two to one majority.
- IRS Extends Deadlines for ACA Reporting
January 20, 2016
The IRS recently extended two Affordable Care Act (ACA) deadlines for employers and other providers of health coverage to report minimum essential coverage and for employers to report offers of health coverage to full-time employees.
- NLRB Throws Flag at Northwestern Football Players
January 19, 2016
A unanimous 2015 decision of the National Labor Relations Board (NLRB) has ended the union organizing effort of Northwestern University’s scholarship football players.
- DOL: Most Workers Are Employees, Not Independent Contractors
October 14, 2015
The Wage and Hour Division of the U.S. Department of Labor has issued a formal interpretation memo regarding the Fair Labor Standards Act, and, in particular, the issue of the classification of independent contractors.
- Coming Soon: Forms Related to ObamaCare's 'Individual Mandate'
October 14, 2015
In January 2016, people who participate in health insurance plans may receive forms that could spark some questions. Here’s what to expect.
- How Unemployment, Pension or Social Security Disability or Retirement May Affect Workers' Compensation Benefits
September 8, 2015
If you are receiving workers’ compensation wage loss benefits, you may also be entitled to other benefits such as unemployment, pension benefits or Social Security retirement or disability benefits. However, it is important to know how receiving these benefits may affect your receipt of workers’ compensation.
- The U.S. Supreme Court determines that Disparate Impact Claims are Valid Under the Fair Housing Act
July 14, 2015
The Inclusive Communities Project, Inc., a Texas based non-profit organization, originally filed an action in the United States District Court, Northern District of Texas, under Sections 804(a) and 805(a) of the Fair Housing Act (“FHA”) alleging that the Texas Department of Housing and Community Affairs’ allocation of tax credits in black neighborhoods had a disparate impact which continued and reinforced segregated housing patterns in Texas.
- Proposed Overtime Regulations are Good News for the Middle Class
July 13, 2015
On July 6, 2015, the United States Department of Labor published a proposed rule that would modernize longstanding overtime exemptions for white-collar employees, which is intended to greatly expand the pool of American workers entitled to overtime pay for work beyond 40 hours in a work week.
- SCOTUS Upholds Healthcare Subsidies for Millions of Americans
July 2, 2015
On June 24, 2015, the U.S. Supreme Court issued a decision in King v. Burwell, in which it considered whether a small ambiguity in the language of the Affordable Care Act (ACA) meant that only citizens in states that had established their own healthcare Marketplaces or Exchanges were eligible for financial assistance in purchasing insurance coverage.
- Minor League Players Sue MLB for Wage, Antitrust Violations
June 30, 2015
Two recently filed federal lawsuits may open a new chapter of labor discord between Major League Baseball and its players. Unlike in the past, the disgruntled workers are not major league players but the approximately 6,000 minor league players whom MLB teams employ to play for their minor league affiliates.
- Marking the 100th Anniversary of the PA Workers' Comp Act
June 3, 2015
On June 2, 2015, the Commonwealth of Pennsylvania celebrated the centennial anniversary of the Pennsylvania Workers’ Compensation Act. The seminal law, providing no-fault protection for work-related injuries, was passed into law on June 2, 1915, to go into effect on Jan. 1, 1916.
- Pennsylvania to Conduct Historic Judicial Elections in 2015
April 10, 2015
In 2015, the Commonwealth of Pennsylvania will hold statewide judicial elections that will have a long-lasting impact on all Pennsylvanians.
- Domestic Relations in the New Era of Marriage Equality
March 3, 2015
In May 2014, U.S. District Court Judge John E. Jones, III, issued a decision in the case of Whitewood v. Wolf, striking down as unconstitutional Pennsylvania's Defense of Marriage Act.
- 6,000 UPS Teamsters Ratify Strong 5-Year Contract
March 3, 2015
In February 2015, more than 6,000 UPS workers represented by Teamsters Local 710 overwhelmingly approved a new five-year contract that provides improved wages and benefits for UPS employees in Illinois, Iowa and Indiana.
- Supreme Court Victory for PA Healthcare Workers and the Public
March 3, 2015
On Nov. 20, 2014, the Pennsylvania Supreme Court, in a 5 to 1 decision, issued a decision in a lawsuit filed by Willig, Williams & Davidson partner Bruce M. Ludwig on behalf of SEIU Healthcare Pennsylvania, a number of individual nurses, and various state senators and representatives.
- Child Custody and Relocation - Don't Move Until You Read This
February 27, 2015
People choose to relocate for a variety of reasons. However, when a parent involved in a child custody matter wishes to relocate with their children they may be required to receive permission from the other parent and/or the Family Court.
- What Is Probate (And Do I Have To Do It)?
February 27, 2015
Probate is the procedure by which an estate is opened when a person passes away. The mere fact that a person has a will does not necessarily mean that the will must be probated and an estate opened.
- Illinois Governor Issues Executive Order Threatening Refusal to Comply with Fair Share Fee Law
February 24, 2015
Illinois Gov. Bruce Rauner issued an Executive Order directing the Illinois Department of Central Management Services and all other state agencies to refuse turning over fair share fees withheld from the pay of bargaining unit employees who are not dues-paying members of the unions that represent them.
- NLRB Modernizes Union Representation Election Rules
December 30, 2014
The National Labor Relations Board announced a new final rule that will modernize and streamline the process governing union representation elections.
- In the News: 'Interns' vs. 'Employees'
December 29, 2014
A former intern of "The Late Show with David Letterman" made national news by filing a class action lawsuit against the Letterman show for unpaid wages. However, the question of whether or not an individual is an intern or an employee is highly fact-specific.
- Grandparents Are People, Too: Custody Rights of Grandparents in Pennsylvania
December 26, 2014
In recent years, many states have enacted laws to protect the rights of grandparents. It is important for grandparents to know that they may file for any type of physical and legal custody when specific criteria is met.
- PA Supreme Court Upholds $151 Million Wage-and-Hour Verdict Against Wal-Mart
December 22, 2014
On Dec. 15, 2014, the Supreme Court of Pennsylvania upheld a $151 million Philadelphia County court judgment against Wal-Mart Stores, Inc. for failing to pay its workers for time spent working through their unpaid breaks and meal periods.
- Updating Your Will? Don't Forget Your Pets!
October 6, 2014
When creating a Last Will and Testament keep in mind your most precious belongings, your pets, and perhaps consider creating a pet trust, depending on your situation.
- New Jersey Law Change Eliminates Permanent Alimony, Makes It Easier to Modify Alimony Orders
October 6, 2014
The New Jersey Alimony Reform Act of 2014 will eliminate permanent alimony and provide reasons to review current alimony agreements in effect.
- Employers and Unions Must Prepare for 'Cadillac Tax'
October 1, 2014
Stemming from the Affordable Care Act and implementing in 2018, unions will need to negotiate now for the Cadillac Tax which is an excise tax on the excess of the cost of an employer-sponsored health plan.
- Third Circuit Weakens Mailbox Rule in FMLA Notice Case
September 29, 2014
The U.S. Court of Appeals for the Third Circuit held that the mailbox rule is no longer sufficient to establish receipt, saying best practice is to send notices in a manner that permits the sender to trace and confirm delivery.
- Supreme Court Preserves 'Fair Share' Fees for Full-fledged Public Employees
June 30, 2014
The U.S. Supreme Court issued its decision maintaining agreements to require payment of fair share fees by government employees in the Harris v Quinn case between the State of Illinois and health care service workers.
- Congress Relaxes Restrictions on Political Activity by
Certain State and Local Government Employees
June 25, 2014
The federal Office of Personnel Management issued its final rule implementing the Hatch Act Modernization Act of 2012.
- Same-Sex Marriage in Pennsylvania: An Employee Benefits Perspective
June 25, 2014
The landmark Windsor decision means that same-sex marriages performed in a state that recognizes same-sex marriage must be treated the same as opposite-sex marriages for purposes of federal law.
- How Social Security Benefits Affect Pennsylvania Child Support
June 25, 2014
When a parent involved in a child support matter receives Social Security Disability payments, the normal child support calculation guidelines are replaced with a supplemental and more complex analysis.
- Obamacare and Act 111 - What's in Store for 2014?
April 7, 2014
The Obamcare plan does not change the fact that labor employers may not change benefits without first negotiating with the unions.
- Confidentiality Agreements and Social Media: The $90,000 Facebook Post
April 4, 2014
A former headmaster of a Florida Preparatory School won a monetary settlement but then lost it due to a Facebook post by his daughter rendering the agreement void.
- Game Change: NLRB Permits College Football Players to Elect a Union
April 4, 2014
College scholarship football players at Northwestern University are cleared to hold a union election according to The National Labor Relations Board in Chicago.
- Commonwealth Court Strikes Down Voter ID Law
January 21, 2014
The Commonwealth Court of Pennsylvania struck down those provisions of Act 18 of 2012, the Pennsylvania Voter ID Law, requiring photo identification for in-person voting.
- Congress Ends Federal Unemployment Benefits, Debates New Extension
January 20, 2014
In December 2013, the U.S. Congress reached a budget deal that ended a longstanding extension of federally funded unemployment benefits beyond 2013. As a result, the last payable week of extended federal benefits in Pennsylvania was the compensable week ending Dec. 28, 2013.
- Bankruptcy Ruling Puts Union Pensions at Risk
January 17, 2014
When municipal governments file for bankruptcy protection, public employees face the prospect of having their pension benefits significantly reduced.
- Employers May Be Using Electronic Surveillance to Monitor Employees
January 8, 2014
Unions can protect employees as legal restrictions are limited under Federal Law with employer electronic surveillance on company supplied mobile devices.
- The Taft-Hartley Act on Paying Union Officials Revisited in 2013
January 8, 2014
The U.S. Department of Justice enforces the Taft-Hartley Act, which makes it a crime for an employer under contract with certain unions and organizations to pay that union or its official except where exceptions apply.
- PLRB Decisions Find Privately-Operated Charter Schools Are Not Covered by PERA
October 10, 2013
Two recent decisions by a Hearing Examiner of the Pennsylvania Labor Relations Board (“PLRB”) have found that privately-operated charter schools are not covered by the Pennsylvania Employee Relations Act (“PERA”).
- IRS Recognizes Married Same-Sex Couples Regardless of Place of Residence
October 9, 2013
IRS rules that married same-sex couples who married in a jurisdiction recognizing the marriage will be treated as married by IRS for all federal tax purposes, regardless of place of residence.
- Pennsylvania Unemployment Insurance: Active Search for Work New Requirements
October 9, 2013
Last year in Pennsylvania, a package of major amendments to the Pennsylvania Unemployment Insurance Law were passed and signed into law.
- U.S. Supreme Court Strikes DOMA Down - What Does It Mean?
July 12, 2013
On June 26, 2013, the U.S. Supreme Court struck down the Defense of Marriage Act (DOMA), the 1996 federal statute that denied federal recognition of same-sex marriages. In a 5-4 decision, the Court found that DOMA violated the Fifth and Fourteenth Amendments to the United States Constitution. The decision will have significant impacts for married same-sex couples regarding federal benefits and protections previously available only to opposite-sex married couples. Currently, 1138 federal laws confer benefits to married couples including Social Security, tax, and Veterans’ benefits, just to name a few.
- Health Coverage through the Marketplace? To Buy (Participate) or Not?
July 10, 2013
One of the major components of the Affordable Care Act (aka “Obamacare”) is the upcoming introduction of “Marketplaces” or “Exchanges,” through which individuals can purchase health insurance directly. The Obamacare marketplaces are set to open in 2014, and can accept applications as early as this October.
- Unpaid Internships Face Legal Scrutiny
July 2, 2013
The recent trend by private sector employers is to rely on unpaid college interns is facing increased legal scrutiny. On June 11, 2013, a federal judge in New York issued a decision in Gratt v. Fox Searchlight Pictures, in which he found unpaid college interns working for a film production company were employees under the Fair Labor Standards Act (“FLSA” or “Act”).
- Early Lessons From the NLRB on Social Media
May 7, 2013
Lydia Cruz-Moore didn't like the way her co-workers did their jobs, and she wasn't afraid to say so. When she told one of them, Marianna Cole-Rivera, that she planned to talk to the boss about it, Cole-Rivera reached out to her colleagues for their input. She posted the following on her Facebook status: "Lydia Cruz, a coworker feels that we don't help our clients enough at [employer]. I about had it! My fellow coworkers how do u feel?"
- Important Ruling By U.S. Supreme Court: ERISA Plan Terms Govern In Reimbursement Case
April 24, 2013
The U.S. Supreme Court recently held that a fund could enforce a reimbursement provision, even where it seemed very unfair. In this case, a man was injured in a car accident and his fund paid his medical benefits. The man brought suit and recovered some monies from the other driver’s policy and some from his own insurance policy. The fund asked for repayment for the benefits it had paid – but that would leave the man with none of the monies he recovered.
- How to Hurt and Help Yourself in a Custody Case
April 19, 2013
For a parent or guardian, one of the worst situations imaginable is to be involved in a contested custody case regarding your child. Unfortunately, for many families, going to court for custody is unavoidable. If that happens, the first issue for many parents and guardians is what, if anything, to say to the child about the case. Here are some suggestions to keep in mind.
- Congressional Action on the 'Cliff' Changes Unemployment Benefits for 2013
January 4, 2013
On Tuesday, January 1, 2013 Congress passed legislation that includes a provision allowing for the continuation of federal emergency unemployment compensation benefits through 2013.
- NLRB Overturns Prior Decision Regarding Employer Obligations at Labor Contract Termination
January 3, 2013
In decisions issued in December 2012, the National Labor Relations Board overturned two prior Board decisions which had limited the duty of employers to bargain in good faith with unions. The Board decisions – WKYC-TV, Inc. and American Baptist Homes of the West – bolster the ability of unions to provide meaningful representation to workers.
- Union-Member Grievance-Related Privilege - Does It Exist and Can It Be Enforced?
January 2, 2013
Federal courts have not yet adopted a union-member grievance-related privilege. However, the National Labor Relations Board has ruled that an employer’s demand to discover confidential communications between an employee and his union representative made during the grievance process is an unfair labor practice.
- Pennsylvania's Work Search Requirements for Unemployment Compensation Claimants
December 19, 2012
In January 2012, the Pennsylvania unemployment compensation law was revised to add additional eligibility requirements for claimants collecting benefits in Pennsylvania. In addition to the existing requirements regarding financial eligibility and a qualifying separation from employment, claimants are now required to fulfill Pennsylvania’s “Active Search for Work Requirements.”
- Negotiations and 'Lame Duck' Legislative Bodies
December 18, 2012
In a recent decision, the Pennsylvania Labor Relations Board refused to enforce an addendum to a collective bargaining agreement that was adopted by a “lame duck” legislative body.
- Court Halts Implementation of Voter ID Law for Upcoming Presidential Election
On October 2, 2012, in a much anticipated decision, Judge Robert Simpson of the Commonwealth Court preliminarily enjoined enforcement of parts of the recently enacted Voter ID Law. His injunction was issued after the Pennsylvania Supreme Court had remanded the case back to him for reconsideration.
- Pennsylvania Voter ID Law: An Update
In our June 13, 2012 newsletter, we informed you of the requirements of the new Pennsylvania Voter ID Law, which requires all Pennsylvania voters to present a photo ID in order to be able to vote. We also informed you that litigation has been filed in the Commonwealth Court of Pennsylvania challenging the law. Read more about other recent updates in relation to the Pennsylvania Voter ID Law.
- Eight and Eighty Work Week Signed Into Law
September 13, 2012
On July 5, 2012, Governor Corbett signed into law Act 109, which amends provisions of the Pennsylvania Minimum Wage Act. One amendment permits employers to calculate overtime using a 14 day, 80 hour work week, instead of using a 40 hour work week. Another amendment in Act 109 provides an overtime exemption for air carrier employees who work more than 40 hours in a work week when trading scheduled work hours with another employee.
- How to Help Your Members Understand the 'Summary of Benefits Coverage' Issued to Them by Health Plans and Insurers
The Affordable Care Act (Obamacare) requires insurance companies and health plans to provide a Summary of Benefits Coverage (SBC) to individuals looking for health care coverage at important points in the enrollment process.
- U.S. Department of Labor Issues FMLA Employee Guide
The U.S. Department of Labor published a new resource for employees titled “Need Time? An Employee’s Guide to the Family and Medical Leave Act.”
- Pennsylvania AFL-CIO Challenges the Constitutionality of Pennsylvania's New Voter ID Law
On July 18, 2012, Willig, Williams & Davidson filed an amicus brief with the Commonwealth Court on behalf of the Pennsylvania AFL-CIO in a suit filed by individual voters to challenge the constitutionality of Pennsylvania’s new voter ID law.
- Affordable Care Act - What the Supreme Court Decision Means to You
July 3, 2012
On June 28, 2012, the U.S. Supreme Court released its long anticipated and much discussed decision to the challenge to the Patient Protection and Affordable Care Act (also referred to as the “Affordable Care Act”). The opinion reflects the many divisions within the Supreme Court, but ultimately resulted in the Affordable Care Act being upheld by the Court.
- Pennsylvania Voter ID Law Challenged
June 13, 2012
On March 14, 2012, Governor Corbett signed a new law requiring all Pennsylvania voters to present photo identification to be able to vote (ACT 18 of 2012). The new law, adopted by and large along party lines (House 104-88, Senate 26-23), will take effect for the November 5, 2012 election.
- NLRB's New Rules for Processing Union Elections
June 12, 2012
On April 30, the National Labor Relations Board's amended regulations for processing union elections went into effect. The rules, which generated significant controversy as well as a lawsuit, were designed to increase efficiency, eliminate unnecessary delay and prevent parties from abusing the election process.
- National Labor Relations Board General Counsel Memo Offers Guidance on Employer Social Media Policies
June 8, 2012
As employee use of social media has exploded, more employers are developing policies to rein in posts and tweets about the workplace. A May 30, 2012, memo from the General Counsel of the National Labor Relations Board provides much needed guidance about the extent to which an employer may lawfully regulate social media activity by its workforce
- Pennsylvania Voters Beware You Will Not Be Allowed to Vote in the Presidential Election Unless You Have A Valid Photo I.D.
On March 14, 2012, Governor Corbett signed a new law requiring all Pennsylvania voters to present photo identification to be able to vote.
- PA Medical Center Files for Chapter 11
April 11, 2012
The fate of Saint Catherine Medical Center, found to be ineligible for participation in the Medicare program because of serious deficiencies that placed patient health and safety in immediate jeopardy, has been placed in the hands of a court-appointed trustee.
- U.S. Supreme Court to Consider Validity of National Health Care Reform
March 26, 2012
During the week of Mar. 26, 2012, the U.S. Supreme Court heard several hours of oral argument on the constitutionality of the Patient Protection and Affordable Care Act (PPACA) of 2010, commonly called National Health Care Reform (or derisively referred to as “Obamacare”).
- Changes to Pennsylvania's Unemployment Compensation Law: How They May Affect You
March 21, 2012
Act 6 of 2011 was signed into law on June 17, 2011. The new law makes significant changes to Pennsylvania's Unemployment Compensation Law. Many of these changes may affect you if you are separated from your employment
- Pennsylvania Courts Continue to Protect Post-Retirement Employee Benefits
March 12, 2012
In recent years, employers have become increasingly aggressive in their attempts to reduce or eliminate post-retirement benefits earned by union workers. This focus on reducing so-called “legacy costs,” in relation to pension and retiree medical benefits, reflects demographic and accounting rule changes that have caused those benefits to make up a greater share of workforce costs than in years past (although not nearly as large as some employers would suggest).
- Willig, Williams & Davidson Successfully Advances Worker 'Occupational Disease' Claims
March 9, 2012
One of the more interesting aspects of the workers’ compensation law is the diversity of work-related injuries and illnesses covered. Sometimes a case can be as straightforward as a simple “slip-and-fall” at work. But with increasing frequency, workplace injury litigation involves the existence of an occupational disease, in which an employee contracts a disease by virtue of the exposures faced by them at work, sometimes over decades.
- 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 Attempt 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
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
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
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
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.