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Strategies for Contesting Reimbursement Claims Related to Out-of-Pocket Medical Marijuana Expenses >
May 31, 2018
By: Karyn Dobroskey Rienzi, Patrick T. Cusick, and Jonathan C. Ascher
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
By: Kate A. Kleba
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
By: Andrea M. Kirshenbaum and Benjamin S. Teris
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
By: Patrick R. Byrne
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
By: Robin Locke Nagele and Amalia V. Romanowicz
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
By: Charles W. Spitz
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
By: Charles W. Spitz
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
By: Devin T. Ryan
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.

Proposal Would Make More Pennsylvania Workers Eligible for Overtime >
January 31, 2018
By: Andrea M. Kirshenbaum
On January 17, 2018, Pennsylvania Governor Tom Wolf announced that, at his direction, Pennsylvania's Department of Labor & Industry will propose changes to overtime rules that would expand overtime eligibility to workers who currently are classified as exempt.  According to the press release issued by Governor Wolf's office, the Department is finalizing a plan that is expected to be released in March for public comment.

Steps Employers Can Take to Prevent and Respond to Claims of Sexual Harassment >
December 4, 2017
By: Andrea M. Kirshenbaum
High-profile instances of inappropriate sexual behavior and sexual harassment in the workplace continue to grab headlines. While media coverage has focused on cases from the media, entertainment and political arenas, every employer should have heightened awareness of sexual harassment in the workplace at this time, regardless of industry. Of course, the media coverage of the multiple sexual harassment incidents also raises the consciousness of employees on this topic and offers employers an opportunity to engage with them through training and other proactive measures.

Pennsylvania Imposes New Withholding Requirements on Businesses >
November 27, 2017
By: James R. Malone, Jr.
On October 30, 2017, Governor Wolf signed House Bill 542 (H.B. 542) into law. H.B. 542 makes a variety of changes to state tax law, including requiring Pennsylvania businesses and non-profits to withhold Personal Income Tax from non-employee compensation paid to nonresident individuals and to single-member LLCs that are disregarded entities, as well as requiring withholding on payments to nonresident landlords for non-residential property located in Pennsylvania.

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