Daniel J. McGravey and Sarah R. Lavelle will be presenting at PBI’s Health Law Institute on “Current Employment Issues and Developments Facing the Healthcare Provider Community” in Philadelphia, PA on March 13-14, 2014.
Recent pronouncements by the Department of Justice (“DOJ”) illustrate an apparent dichotomy in the Department’s prosecutorial priorities. On one hand, Attorney General Eric Holder has announced several initiatives to move toward more equitable sentencing and to curtail the great number of long prison sentences imposed on those convicted of non-violent drug trafficking crimes. One the… Read more »
Despite a strong dissent and a number of amici briefs, the Federal Circuit, in a 6-4 en bancdecision, refused to overturn the de novo patent claim construction review standard. In Lighting Ballast Control LLC v. Phillips Electronics North America Corporation, (Fed. Cir. February 21, 2014), the United States Court of Appeals for the Federal Circuit decided not to reverse its 1998… Read more »
As the topics of workplace bullying, gossip, and harassment have garnered attention, employers must be precise in enacting protective policies. In Laurus Technical Institute and Joslyn Henderson, a National Labor Relations Board Judge rejected a “No Gossip Policy” that prohibited discussing a person’s personal life when they were not present, discussing a person’s professional life without… Read more »
Brett C. Shear will be presenting presenting on accountant malpractice at the PBI panel entitled, “Uncovering and Proving Financial Fraud” in Pittsburgh on February 20, 2014.
In Sandifer v. U.S. Steel Corp., the Supreme Court held that time spent donning and doffing workplace gear by a class of U.S. Steel unionized employees was not compensable under the terms of the parties’ collective bargaining agreement. Sandifer and others filed a collective action under the Fair Labor Standards Act (“FLSA”), seeking backpay for time… Read more »
Proving the adage “no good deed goes unpunished,” the Sixth Circuit recently held that a voluntary transfer can be an adverse employment action. In Deleon v. Kalamazoo County Road Commission, et al., No. 12-2377 (6th Cir. Jan. 14, 2014), a superintendent of road maintenance with twenty-eight years of experience, applied for a vacant office position. Although not… Read more »
A recent report by the Department of Health and Human Services (HHS) Office of Inspector General (OIG) found that the HHS Office for Civil Rights (OCR) has not met certain requirements critical to the oversight and enforcement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule. The OIG report and recommendations… Read more »
Articles contained in this issue of the CLE: Only Certain Tier Subcontractors Can Successfully File Mechanics’ Liens In Pennsylvania Pay-If-Paid Contracts: The Power Of A Subordinating Conjunction OSHA Whistleblowers Can Now Submit Complaints Online Owners And Contractors Should Require Disclosure Of Self-Insured Retentions Preserving Mechanics’ And Materialmen’s Liens In OH, PA & WV No Intent… Read more »
In a highly unexpected ruling, the Pennsylvania Supreme Court (with one of six members dissenting), has allowed occupational disease claimants to pursue common law claims against their employers if their claim is otherwise non-compensable as an occupational disease under the Pennsylvania Workers Compensation Act (the “Act”). For years, employers have relied upon the immunity provisions… Read more »