Pennsylvania Enacts Significant Changes to Contractor-Subcontractor Payment Act >
August 20, 2018
For the first time since 1994, Pennsylvania has enacted significant changes to the Contractor and Subcontractor Payment Act, otherwise known as CASPA. Owners, contractors and subcontractors on private construction projects in Pennsylvania need to be aware of these changes, how the changes can and will impact their projects and, most importantly, what written notices are now expressly required to preserve payment positions or defenses.
Pa. Commonwealth Court Holds C&R Agreement Cannot Be Used to Avoid Payment of Certain Medical Bills >
August 20, 2018
The Pennsylvania Commonwealth Court recently issued a decision in which it held that a compromise and release (C&R) agreement could not be used to avoid payments already owed to a provider by an employer. Specifically, the Court refused to set aside a fee review determination that an employer owed reimbursement to a pharmacy for prescription compound creams and, instead, determined that the pharmacy was not bound by the C&R agreement entered into by the claimant and the employer, where the parties had stated that neither the claimant nor the employer would be responsible for past charges related to those prescription compound creams.
Pennsylvania Ushers in New Era with Alternative Ratemaking Legislation >
July 2, 2018
On June 28, 2018, Governor Tom Wolf signed legislation (House Bill 1782, to be codified at 66 Pa. C.S. § 1330) authorizing public utilities to implement alternative rates and rate mechanisms in base rate proceedings before the Pennsylvania Public Utility Commission (“PUC” or “Commission”). Originally introduced on September 14, 2017, by Representative Sheryl M. Delozier, the passage of House Bill 1782 is the General Assembly's latest effort to keep Pennsylvania at the forefront of innovation in the utility sphere.
Strategies for Contesting Reimbursement Claims Related to Out-of-Pocket Medical Marijuana Expenses >
May 31, 2018
Pennsylvania Governor Tom Wolf signed Act 16 of 2016 (the Medical Marijuana Program) into law on April 17, 2016 thereby beginning the process of implementing the state's Medical Marijuana Program. Under the Program, the term "medical marijuana" refers to marijuana obtained for a medical use by a Pennsylvania resident with one of the serious medical conditions enumerated in the Act, including severe chronic pain and neuropathies as well as for opioid reduction therapy.
U.S. Supreme Court Rules in Favor of Employers in Class Action Waiver Case >
May 21, 2018
On Monday, May 21, 2018, the Supreme Court issued a significant ruling holding that employers can require employees to arbitrate their disputes individually and to waive their right to resolve their employment disputes via class or collective action. The Court's ruling, by a 5-4 margin, is an important victory for employers that, absent Congressional action, will likely permanently alter the landscape of class and collective action employment litigation and should signal all employers to review their current arbitration practices.
New Jersey Governor Phil Murphy Signs Expansive Pay Equity Bill Into Law >
April 30, 2018
On April 24, 2018, New Jersey Governor Phil Murphy signed the "Diane B. Allen Equal Pay Act" into law. The Act, which amends the New Jersey Law Against Discrimination (LAD), is one of the broadest pay equity laws in the nation in both scope and enforceability. New Jersey joins states like California, New York, and Massachusetts that have recently enacted expansive pay equity laws. The New Jersey Act becomes effective on July 1, 2018.
Commonwealth Court Limits Payments to Chiropractors >
April 25, 2018
The Court held, in a decision that has implications for employers, workers' compensation insurers, and third-party administrators, whether these same-day office visit charges constituted "a significant and separately identifiable service performed in addition to the other procedure" would determine whether payment was due.
Pennsylvania Supreme Court Signals Major Erosion of Peer Review Protection >
March 28, 2018
On March 27, 2018, the Pennsylvania Supreme Court decided Reginelli v. Boggs, its first major peer review analysis in more than two decades, since its plurality decision in McClellan v. HMO of Pennsylvania, 686 A.2d 801 (Pa. 1996). The opinion, authored by Justice Donohue, and joined in by Justices Baer, Dougherty and Mundy, is striking and signals two very significant shifts in Pennsylvania peer review analysis.
Mission Kids CEO Abbie Newman Speaks at Post & Schell's Annual Women's History Month Reception >
Abbie R. Newman, R.N, J.D, Chief Executive Officer of Mission Kids Child Advocacy Center, discussed justice for victims of child abuse and her career path in her remarks to attendees at Post & Schell's reception celebrating Women's History Month on Thursday, March 22, 2017.
Beware of the ICE: Hospitality and Retail Industries Need to Prioritize Immigration Compliance >
March 26, 2018
From the beginning of his Presidency, immigration compliance has been a top priority for President Trump. This has included the removal from the U.S. of individuals that U.S. Immigration and Customs Enforcement (ICE) terms "higher priority." While ICE's enforcement efforts have included a variety of methods and venues, an expansion into worksite enforcement has also begun.
Sex Trafficking Continues to Raise Significant Concerns for the Hospitality Industry >
March 16, 2018
A variety of lawsuits and legislative efforts across the U.S. are reinforcing that the hospitality industry plays a crucial role combating human trafficking in hotels, motels, and other facilities. They also demonstrate that anti-trafficking compliance and training can help not just battle the problem at the ground-level, but also reduce potential civil liability for owners/operators in the industry.
Commonwealth Court Affirms PUC's Exclusive Jurisdiction over the Siting of Intrastate Pipeline Facilities >
February 26, 2018
On February 20, 2018, the Commonwealth Court affirmed the dismissal of the Delaware Riverkeeper Network and others' challenge to Sunoco Pipeline, L.P's construction of the Mariner East 2 pipeline in West Goshen Township. In so doing, the Court reiterated the Pennsylvania Public Utility Commission's exclusive jurisdiction over public utility facilities, including the ME2 pipeline, and rejected the attempt of West Goshen Township to regulate the construction of the ME2 pipeline through its zoning powers.