It Ain't Your Father's Arbitration Act Anymore … or Perhaps It Is
August 21, 2019
The Legal Intelligencer's Construction Law Supplement
Since 1982, the Pennsylvania Uniform Arbitration Act, 42 Pa.C.S.A. Sections 7301-7320 (Subchapter A), Sections 7341- 7342 (Subchapter B) (UAA), has remained unchanged. However, as of July 1, the Pennsylvania Revised Uniform Arbitration Act, 42 Pa.C.S.A. Section 7321.1-7321.31 (Subchapter A.1), §§7341-7342 (Subchapter B.1 or Section 2 depending on the version) (RUAA), became effective. While, upon closer examination, the RUAA may not be an Armageddon to the construction industry's traditional notion of “common-law” arbitration, the RUAA does lay a trap for the unwary if common-law arbitration as traditionally perceived is the mechanism desired for dispute resolution.
New Jersey Toughens Wage and Hour Laws >
August 16, 2019
On August 6, 2019, Acting Governor Sheila Oliver signed into law Senate Bill 1790, which significantly increases penalties for employers that fail to pay wages to their employees and expands other provisions of New Jersey's wage and hour laws. All of the provisions of S1790 outlined below became effective immediately.
Third Circuit Provides Practical Guidance on Common Workplace Issues
August 14, 2019
Two recent published decisions of the U.S. Court of Appeals for the Third Circuit provide continued guidance to employers and their counsel on issues that frequently arise in the workplace.
Food Allergy Lawsuits on the Menu >
August 8, 2019
As awareness surrounding food allergies has steadily increased over the past 10 years, restaurants and the food industry have seen a corresponding rise in food allergy related lawsuits. As dining guests with food allergies increasingly request food to accommodate their needs, the food service and hospitality industries face liability should they unknowingly serve a triggering ingredient or fail to label their food choices accurately and obviously. This heightened awareness also means that juries have a better understanding of food allergies - and may be more sympathetic to plaintiffs than ever before.
Potential Impact of 'Avandia' on Bad Faith Litigation in Pennsylvania
August 6, 2019
The Legal Intelligencer's Insurance Law Supplement
n its recent decision in In re Avandia Marketing, Sales Practices & Products Liability Litigation, the U.S. Court of Appeals for the Third Circuit further clarified the standards governing the protection and management of a party's confidential and proprietary information that is filed with the court or offered as evidence at trial. In that case, the Third Circuit concluded that a party seeking to maintain the confidentiality of documents and information that are filed with the court - such as in an exhibit to a motion for summary judgment - or used at trial must demonstrate that the common law right of access and the First Amendment are not offended by maintaining the confidentiality of such documents at that stage in the litigation.
New Jersey Enacts Salary History Inquiry Ban >
July 31, 2019
On July 25, 2019, New Jersey became the latest state to legislate whether and under what circumstances employers can use an applicant's salary history in the pre-employment process when Acting Governor Sheila Y. Oliver signed A1094 into law. New Jersey follows on the heels of the New York, Alabama, Colorado, Maine, and Washington state legislatures, all of which recently have enacted some form of salary history ban. New Jersey's law goes into effect on January 1, 2020.
Use Caution When Giving Legal Advice in the Presence of Consultants - Part 2 >
July 31, 2019
Last year, we reported on a Pennsylvania Superior Court decision that addressed the possible waiver of the attorney/client and attorney/work product privileges when the work product is shared with an outside consultant. In Bousamra v. Excela Health, the Superior Court held that when an email from outside counsel was forwarded to a third-party public relations consultant, both the attorney/client privilege and the attorney/work product privilege were waived. That decision was appealed to the Pennsylvania Supreme Court and, in a recently announced decision, the Court has addressed both of those issues.
New EEO-1 Pay Data Reporting Requirements: What Employers Need to Know
July 29, 2019
The Legal Intelligencer
As many employers may know, the Equal Employment Opportunity Commission (EEOC), following the U.S. District Court for the District of Columbia's March 4, decision in National Women's Law Center v. Office of Management and Budget (OMB), has announced that covered employers must submit employees' W-2 pay and hours worked data (which the EEOC has referred to as a Component 2 EEO-1) for years 2017 and 2018 by Sept. 30. Employers that are required to submit Component 2 data should be actively working toward meeting this impending deadline.
New Jersey Reforms its Medical Marijuana Program >
July 18, 2019
On July 2, 2019, New Jersey Governor Phil Murphy signed the Jake Honig Compassionate Use Medical Cannabis Act into law, enacting sweeping reforms to New Jersey's Medical Marijuana Program, which, until 2018, had only 15,000 patients. The law became effective upon signing.
Doubling Down, or How to Make the Worst of a Bad Situation >
July 17, 2019
The Sixth Circuit recently affirmed a business man's conviction on seventeen felony tax counts, including a tax obstruction count.
Employer Not Required to Provide ADA Accommodation of Choice to Employee >
July 10, 2019
The Legal Intelligencer
While the Americans with Disabilities Act requires that an employer provide a disabled employee a “reasonable accommodation,” it is important to keep in mind that an accommodation need only be “reasonable” and need not be the one preferred by the employee in question. This is the principal message of the recent decision in Keyhani v. The Trustees of the University of Pennsylvania.
Recent Legionella Outbreaks Illustrate Risks for Health Care, Hospitality, and Commercial Industries (Even at New Facilities) >
June 25, 2019
Despite increasingly onerous regulatory obligations placed on health care, hospitality, and commercial facilities, reported incidents of Legionnaires' disease remain on the rise. These include recent reported outbreaks in Ohio, New Jersey, New York, California, Texas, and Nevada - the majority of which have been attributed to cooling towers, potable water systems, or swimming pools/hot tubs in hospitals, hotels, or other large facilities.