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Court Eases Burden on Employees in FMLA Retaliation Claims >
April 12, 2017
The Legal Intelligencer
By: Sidney R. Steinberg
Employers and their counsel face the specter of Family and Medical Leave Act (FMLA) retaliation on a seemingly daily basis. Managers are often frustrated by an employee's absence and may find that the department continues to function successfully during the employee's absence. The employee's return (or continuation of the leave if intermittent) may not go smoothly and whether his employment continues, an FMLA retaliation claim may ensue.

States and Localities Tussle for Wage-and-Hour Control >
April 3, 2017
The Legal Intelligencer
By: Andrea M. Kirshenbaum
From paid sick leave to increasing the minimum wage, states and localities have passed a wide-array of wage-and-hour laws over the past few years. spurred in part by the "Fight for $15" movement, 21 states and the district of Columbia have changed their minimum wage laws since January 2014, according to the economic Policy institute. Some of these changes have come from legislatures, while others like state laws in Colorado and Maine, were approved by voters at the ballot box. localities have increasingly entered the fray as well, increasing minimum wages above state minimum wage levels.

ADA Tension Highlighted in Return-to-Work Case >
February 8, 2017
The Legal Intelligencer
By: Sidney R. Steinberg
Returning employees who are injured at work to their positions can leave employers navigating between "a rock and a hard place." The often competing interests between obligations under the Americans with Disabilities Act competing with the workers' compensation laws render most return-to-work situations a challenge. The recent decision of McGlone v. Philadelphia Gas Works illustrates what is likely a typical scenario.

Intra-Company Romance Leads to Sexual Harassment Claim >
January 11, 2017
The Legal Intelligencer
By: Sidney R. Steinberg
Intra-company romantic relationships are a minefield for employers. Nowhere is this better exemplified than in the recent case of Gatter v. Ika-Works. The case seems to merge employment law with a reality television show gone bad, involving the romantic relationship between a local sales representative and the son of the Ika-Works' President, himself a part-owner of the company, with walks on a beach and a Mediterranean boating trip. The sexual harassment complaint seems to have been almost inevitable.

What to Expect From Department of Labor Nominee Andrew Puzder >
January 6, 2017
The Legal Intelligencer
By: Andrea M. Kirshenbaum
President-elect Donald Trump announced in December his intention to nominate Andrew Puzder as the next Secretary of the U.S. Department of Labor (DOL). A Labor Department led by Puzder is likely to bring significant shifts in the Department's approach to the full range of employment and labor issues, including the minimum wage, overtime, and overall enforcement and oversight of wage-and-hour laws, among other changes.

Mentoring Is a Win-Win-Win for Aspiring Attorneys, Mentors, and Firms >
November 18, 2016
By: Robin Locke Nagele and Mary Ellen Reilly
In her book, “My Beloved World,” U.S. Supreme Court Justice Sonia Sotomayor said, “There are very few people in the world whom you can't learn something from, but even rarer are those souls who can reveal whole worlds to you if you observe them carefully.” Sotomayor's words are an apt philosophy when examining how mentoring in the legal profession, especially among female attorneys, breeds professionalism and excellence in the law.

Disputed Evidence of Chicken Wings Leads to Denial of Summary Judgment >
November 14, 2016
The Legal Intelligencer
By: Sidney R. Steinberg
Faulty investigations are a consistent theme in findings of pretext. while there certainly is an element of 20-20 hindsight in deconstructing an investigation into a workplace incident resulting in termination, it often seems, when viewed in that light, as though obvious steps have been missed. Such is the case in the recent decision of Connearney v. Main Line Hospitals

Talk Is Cheap: The Misuse of ‘Speaking' Indictments >
November 1, 2016
Business Crimes Bulletin
By: Ronald H. Levine
In white collar fraud, public corruption and other high-profile cases, DOJ prosecutors sometimes go well beyond the"notice" principle and draft thick indictments laying out in conclusory language the regulatory schema surrounding the challenged conduct; public policy rationales for the laws and regulation said to be violated; alleged motives of defendants; and the government's inferences from alleged facts ("connecting the dots") - all under section headings or captions advocating the government's view.

Oil- and Gas-Drilling Regulatory Changes >
October 21, 2016
Pennsylvania Bar Association Shale Energy Law Committee Newsletter - October 2016
By: Lindsay A. Berkstresser
The Pennsylvania Department of Environmental Protection (DEP) proposed several significant amendments to the regulations at 25 Pa. Code Chapter 78 governing oil and gas extraction. The regulations will impact nearly all aspects of oil and gas well development in Pennsylvania. Key components of oil and gas production addressed in the regulations are drilling and extraction permits; treatment of production waste; well drilling, operation and plugging; site restoration; and reporting requirements.

Meaningful Use Audits: Preparation is the Best Representation >
October 18, 2016
AHLA's Journal of Health & Life Sciences Law
By: Steven J. Fox and Cynthia A. Haines
Failing a meaningful use audit means recoupment or repayment of the full meaningful use incentive payment. For Eligible Professionals who have relied on the incentive payments to enhance their electronic health record systems, having to return these payments could be devastating. An adverse audit determination could also result in greater government scrutiny and increased liability for false claims.

Implications of the Medical Marijuana Law for Health Care Providers >
October 11, 2016
The Legal Intelligencer's Life Sciences, Pharmaceuticals, and Health Care Supplement
In April 2016, Pennsylvania enacted ground-breaking legislation on medical marijuana production and distribution that will have a far-reaching impact on the health care industry in Pennsylvania. Post & Schell's Regulated Cannabis Practice Group examines the related legal concerns for health care providers.

Groups Sue to Enjoin DOL's Final Rule on Salary Exemptions >
October 5, 2016
The Legal Intelligencer
By: Andrea M. Kirshenbaum
On May 23, the U.S. Department of Labor published in the Federal Register its long-awaited final rule implementing new minimum salary thresholds for the “white collar” exemptions to the FLSA's overtime requirements. On Sept. 20, 21 states and the U.S.Chamber of Commerce, joined by numerous business groups, filed separate lawsuits seeking to enjoin the final rule from taking effect on Dec. 1.

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