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Willig, Williams & Davidson Blog

Developments in the Third Circuit Regarding the New Jersey Test for Employee Status

February 28th, 2019

By Ryan Allen Hancock On January 29, 2019, the Third Circuit Court of Appeals held, in a precedential opinion, that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) did not preempt the New Jersey law for determining employment status for purposes of the New Jersey Wage and Hour Law (NJWL) and the New Jersey…

NLRB General Counsel Set to Shelve More Retaliation Claims While Grievances Pending

January 30th, 2019

By Joseph D. Richardson If you represent private-sector employees, you have probably encountered the National Labor Relations Board’s (NLRB) Collyer deferral policy—you file an unfair labor practice charge on an issue that is or could be covered by a collective-bargaining agreement, the NLRB Regional Office (Region) ensures that the employer will process a grievance over…

Returning to Work? Pitfalls of PA Workers’ Compensation System

January 17th, 2019

By Paul Della Franco Returning to work after sustaining a disabling work injury can be a stressful and confusing time. In this post we will address two of the primary concerns which many of our Pennsylvania workers’ compensation clients express to us either before or soon after they return to work. What happens if you…

The New ACA ‘Decision’ by Judge Reed O’Connor: What You Need to Know Now

January 3rd, 2019

By: Louise F. Pongracz On December 14, 2018, Federal District Judge Reed O’Connor (in the Northern District Court of Texas) issued an order on a challenge to the Affordable Care Act (“ACA”) brought by 20 Republican state attorneys general and two individuals.  These Plaintiffs claimed that because Congress, in the Tax Cuts and Jobs Acts (“TCJA”),…

Third Circuit Rejects Employer Attempt to Shift Withdrawal Liability to Teamsters Union

December 13th, 2018

By: James Beall & James Glowacki The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) imposes an exit charge on employers that stop participating in multiemployer-union defined benefit plans. The exit charge approximates the withdrawing employer’s share of the plan’s total unfunded vested benefits owed to participants, but not yet covered by existing plan assets….

New York’s Statewide Stand Against Workplace Sexual Harassment

November 29th, 2018

By: James Glowacki Just last month, New York enacted a comprehensive statewide law aimed at reducing incidents of sexual harassment in the workplace. The new law expands protections available to employees and requires all New York employers to maintain a sexual harassment policy conforming to the state’s minimum requirements. Under New York Labor Law Section…

The New Jersey Paid Sick Leave Act

November 8th, 2018

By: Alaine S. Williams One of the first pieces of legislation signed into law by Governor Murphy of New Jersey in 2018 is a law requiring employers to provide both full-time and part-time employees 40 hours of paid sick leave each benefit year. The New Jersey Paid Sick Leave Act (Act), which went into effect…

Preparing for Post-Janus Litigation: An Insurance Perspective

October 25th, 2018

By: Linda M. Martin and Lauren M. Hoye Since the U.S. Supreme Court issued its decision in Janus v. AFSCME back in June, plaintiffs backed by right-wing anti-union groups have been engaged in a full-fledged assault on public sector labor unions. As part of that assault, many unions have received correspondence from bargaining unit members…

OSHA Proposes Cutbacks on Mandatory Reporting of Workplace Injuries

October 11th, 2018

By: James R. Glowacki On July 30, 2018, the Occupational Safety and Health Administration (“OSHA”) issued a Notice of Proposed Rulemaking seeking to ease Obama-era reporting requirements of workplace injuries and illnesses. Under the new proposal, many employers will no longer be required to annually submit certain reports logging and detailing injuries and illnesses suffered…

Pennsylvania Supreme Court Decision Supports Governor Wolf’s Executive Order on Home Care

September 27th, 2018

By Bruce M. Ludwig In 2015, Governor Wolf issued an executive order concerning home care services in Pennsylvania. Among other things, this executive order permitted direct care workers who provide home care services to seniors and persons with disabilities to elect a representative organization for the purpose of meeting and conferring with the Department of…

   
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