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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.

The Lambis Case and the Future Of 'Stingray' Evidence >
August 22, 2016
By: Abraham J. Rein
In July, for the first time, a federal judge suppressed evidence in a criminal case from a device which, by mimicking a cell tower, can be used to geolocate a cellphone with surprising precision. The device is a cell-site simulator, often referred to as a "stingray." Versions of the stingray have been used by federal law enforcement since at least the 1990s, and controversy has swirled around the device since a government-imposed veil of secrecy began to lift earlier this decade. Where does the recent federal decision fit in this history, and what might its impact be?

Criticism of an Employee Is Not Necessarily ‘Hostile' >
August 10, 2016
The Legal Intelligencer
By: Sidney R. Steinberg

Tip Credit and Pooling Law Challenges Employers >
August 1, 2016
The Legal Intelligencer
By: Andrea M. Kirshenbaum
Andrea Kirshenbaum examines recent litigation against restaurants that has challenged application of the tip credit to servers and other workers who are performing nontipped duties.

Legionella Risks in Building Water Systems >
July 26, 2016
The Legal Intelligencer's 2016 Environmental Law Supplement
By: Paul R. McIntyre
Paul McIntyre and Steve Luttrell examine recent and well-publicized outbreaks of Legionnaires' disease over the last year, and why prospective purchasers of buildings, particularly those in the health care and hospitality industries, should ­consider incorporating Legionella assessments into their pre-acquisition due diligence protocols.

The FMLA Does Not Require a Warm Welcome Back to Work >
July 12, 2016
The Legal Intelligencer
By: Sidney R. Steinberg
In his column for The Legal Intelligencer, Sid Steinberg examines an FMLA case where a Plaintiff alleged retaliation based on treatment she received upon returning to work after FMLA leave.

How Escobar Reframes FCA's Materiality Standard >
July 8, 2016
In Universal Health Services Inc. v. Escobar, the U.S. Supreme Court rejected a bright-line rule on the False Claims Act's materiality standard and adopted a fact-specific standard that will need to be litigated on a case-by-case basis. Thus, despite Escobar's endorsement of the implied false certification theory, it is far from the “victory” that the government and qui tam relators are trumpeting, says Post & Schell's White Collar Group.

Magic Words Not Necessary for Leave to Be Covered by FMLA >
June 9, 2016
By: Sidney R. Steinberg
Sid Steinberg examines a PA Middle District case in which the court deconstructed an employer's mishandling of an employee's request for leave and in doing so provides employers with insightful, step-by-step guidance on how to handle requests for leave when evaluating whether such requests qualify under FMLA and the act is not specifically mentioned by the employee.

Additional Consideration and Presumption of At-Will Employment >
May 11, 2016
By: Sidney R. Steinberg
Sid Steinberg examines a recent Pennsylvania Superior Court decision and the concept of "at-will employment in Pennsylvania.

How Analogous Must Comparator Be to Be Deemed Similarly Situated >
April 13, 2016
By: Sidney R. Steinberg
In his April 2016 column for The Legal Intelligencer, Sid Steinberg examines Peake v. Pennsylvania State Police, a case that provides helpful guidance on the factors to consider when determining whether individuals are similarly situated.

DOL's White-Collar Exemptions: To Reclassify or Not? >
April 4, 2016
By: Andrea M. Kirshenbaum
Following the delivery of the Final rule on the FLSA's “white collar” exemptions to the Office of Information and Regulatory Affairs of the Office of Management and Budget on March 14, we are one step closer to publication of the Final rule. As employers wait with bated breath, many are busily planning for an expected doubling (or more) of the salary level for an employee to qualify as an exempt executive, administrative, or professional employee who need not be paid overtime for hours worked over 40 in a work week under the FLSA.

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