Legal Insights
The Survivor Takes All… NOT ALWAYS
September 27, 2017 by Mary R. LaSota Married without a Will in Pennsylvania? Do you think your surviving spouse will inherit everything? Think Again. For those assets that are not disposed of by Will, or by a beneficiary designation (i.e., 401(k), insurance proceeds, IRA) or by survivorship rights (i.e., tenancy by the entirety, joint tenancy […]
Failure to pay Condo or HOA dues could lead to excessive penalty fees!
September 21, 2017 by Kevin Cornish Many individuals in Pennsylvania live in planned communities such as townhouses or condominiums. Association dues and assessments, as well as possible penalties and fines, are regularly due from homeowners to the association. If a homeowner fails to make payment, it could lead to liability far in excess of the […]
Workers’ Compensation and Specific Loss: The Medical Evidence Must Establish Permanence
September 13, 2017 by Douglas Wayne High Swartz is pleased to be able to report a successful appellate defense result for a Workers’ Compensation defendant in a case where a worker claimed a work-related specific loss. Due to our efforts, an incorrect legal conclusion initially reached by a Workers’ Compensation Judge was successfully reversed on […]
Want a Judge instead of an Arbitrator?
September 6, 2017 by Donald Petrille, Jr. If you want your case heard by a Judge instead of an Arbitrator - Be sure to read those forms! The Superior Court of Pennsylvania recently decided the case of Fellerman v. PECO. The case involved a homeowner who alleged a home inspector failed to find a rotting […]
It is a Violation of Federal Law for an Employer to Require an Employee to take a Polygraph…No Lie!
It is a Violation of Federal Law for an Employer to Require an Employee to take a Polygraph…No Lie! August 29, 2017 By Eric G. Marttila Nearly 30 years ago, on June 27, 1988, President Ronald Reagan signed the Employee Polygraph Protection Act (EPPA or Act). The Senate Report, which led to the law’s enactment, […]
Protz: Recent Supreme Court Ruling is Game Changer for Pennsylvania Workers’ Compensation Claims
August 17, 2017 By Linay L. Haubert Once a Pennsylvania workers’ compensation claimant qualifies for wage benefits, that claimant is generally entitled to continue receiving these wage benefits until her or his right to wage benefits ends or is modified either by (1) agreement of the parties (usually in the form of a settlement) (2) […]
Hey Boss, Give Me the Tips I Earned! Not So Fast.
August 8, 2017 By James B. Shrimp There is a common misconception that an employee that works for tips – e.g., restaurant and hotel workers - are always entitled to the tips they earn. However, this is not true if the employer pays you at least minimum wage. Legal Background The Fair Labor Standards Act […]
Child Care Workers’ Challenge to Firing for Reporting Abuse
July 25, 2017 By Thomas D. Rees, Esq. On May 23, 2017, the Pennsylvania Superior Court issued an important employment law decision, affecting everyone who works with children. In Krolczyk v. Goddard Systems, Inc., ___ A.3d ___, 2017 WL 2255554 (Pa. Super. May 23, 2017), the Court allowed ex-employees to sue for wrongful discharge after […]
Can a Potential Employer ask about Salary History?
July 11, 2017 Searching for a job is often a stressful and exhausting process. Applicants often find themselves filling out application after application and crossing their fingers for a call back. Perhaps one of the most daunting questions, despite its relatively straight forward nature, is the dreaded question requesting salary at the applicants last job. […]
Second Circuit Upholds NLRB’s Reinstatement of Employee Who Posted Profane Blog About Boss’s Mother
June 27, 2017 By Thomas D. Rees Two years ago, I blogged about a National Labor Relations Board decision restoring an employee’s job after the employee posted a profane blog about his supervisor’s mother- “Can You Insult Your Boss’s Mother at Work and Avoid Dismissal? Maybe so!” After a recent Second Circuit decision, we can […]