John A Mccreary Jr

May 25, 2023 | The Legal Intelligencer

Words or actions that would otherwise be grounds for discipline may ultimately escape sanction if expressed or undertaken during labor contract negotiations, grievance meetings or any number of other contexts in which employees engage in activity protected by Section 7.

By John A. McCreary Jr.

9 minute read

January 27, 2022 | The Legal Intelligencer

Rejecting the contention that exclusive jurisdiction over enforcement of the MMA lies with the Department of Health, the court stated that "although the General Assembly did not expressly create a private right of action on behalf of an employee whose employer discriminates against her for medical marijuana use, it proclaimed a public policy prohibiting such discrimination.

By John A. McCreary Jr.

8 minute read

August 12, 2021 | The Legal Intelligencer

By this point in my examination it is now established, at least in the trial courts of the commonwealth, that the MMA created a private cause of action for medical marijuana users claiming that an employer has discriminated against them because of their medical marijuana use.

By John A. McCreary Jr.

6 minute read

September 17, 2020 | The Legal Intelligencer

There now have been a few Pennsylvania decisions on the subject, which along with the courts elsewhere are slowly creating a body of law defining rights and obligations under the medical marijuana laws.

By John A. McCreary Jr.

9 minute read

May 28, 2020 | The Legal Intelligencer

In its complaint, the ABC alleges that the terms of the PLA effectively preclude nonunion workers and workers who belong to unions other than those affiliated with the Pittsburgh Regional Building Trades Council from performing construction work, and that the PLA compels workers to associate, join or pay dues to these unions as a condition of employment.

By John A. McCreary Jr. and Benjamin R. Wright

9 minute read

March 21, 2019 | The Legal Intelligencer

Although to date there have been no cases reported under Pennsylvania's MMA, several courts in other jurisdictions have considered employment issues arising under similar medical marijuana statutes. The uncertainty is lessening; the smoke is beginning to clear.

By John A. McCreary Jr.

9 minute read

March 22, 2018 | The Legal Intelligencer

The Tax Cuts and Jobs Act of 2017 inserted a new subsection (q) into Section 162 of the Internal Revenue Code which denies deductions for payments made in settlements of sexual harassment or sexual abuse cases, and “related” attorney fees.

By John A. McCreary Jr.

7 minute read

February 09, 2017 | The Legal Intelligencer

Act 16 of 2016, the Medical Marijuana Act (MMA), 35 Pa.C.S.A. §10231.101, et seq., effective May 17, 2016, puts Pennsylvania among the growing number of states permitting the use of marijuana for prescribed medicinal purposes. The MMA, like all state laws purporting to "legalize" marijuana use, squarely conflicts with federal law, which still considers marijuana to be a Schedule 1 substance under the Controlled Substances Act with no legitimate medical uses, see 21 U.S.C. Sections 812(b)(1)(A)-(C); 844(a).

By John A. McCreary Jr.

16 minute read

February 06, 2016 | The Legal Intelligencer

Employment law does not adhere to the biblical injunction that "No servant can serve two masters …" Under many regulatory schemes the law recognizes that two (or more) employers may owe legal duties to a single employee.

By John A. McCreary Jr.

7 minute read