Labor Law

  • The American Lawyer

    Social Media Sleuthing of Job Candidates Could Be Risky Business

    By Miriam Rozen | July 14, 2017

    The information employers find about potential candidates could be used against them in discrimination suits, lawyers warn.

  • The Legal Intelligencer

    Analyzing the Long-Awaitied 'Protz' Decision

    By Christian Petrucci | July 14, 2017

    English philosopher, John Locke, wrote in his Second Treatise of Government in 1689 that ­legislative authority consists of the power "to make laws, and not to make legislators." Considering the Pennsylvania Supreme Court felt compelled to include this quote at the beginning of its review of Protz v. Workers' Compensation Appeal Board (Derry Area School District), 124 A.3d 406 (Pa. Commw. 2015), it stands to reason that the court wanted to leave no doubt that the Pennsylvania General Assembly had, in fact, attempted to make legislators out of the members of the American Medical Association when the General Assembly authored Section 306(a.2) of the Workers' Compensation Act. As is well known by now, Act 57 of 1996 amended the Workers' Compensation Act in an attempt to join the wave of jurisdictions that were appealing to The American Medial Association Guides to the Evaluation of Permanent Impairments (The AMA Guides) to limit workers' rights. The problem in Pennsylvania has been that the amendments called for reliance on "the most recent edition" of the AMA Guides in performing impairment rating evaluations (IREs). The Supreme Court has finally weighed in on the matter and found that the Pennsylvania legislature attempted to pass off to another body de facto control over matters of policy in violation of Article II Section 1 of the Pennsylvania Constitution.

  • The Legal Intelligencer

    Helen Mining Co. v. Elliott, PICS Case No. 17-1049 (3rd Cir. June 14, 2017) Krause, J. (29 pages).

    By thelegalintelligencer | The Legal Intelligencer | July 14, 2017

    Statute's silence as to inclusion of coal mine operators in benefit entitlement presumption standard meant that federal agencies were empowered to promulgate regulations filling in statutory gap. Order of the Benefits Review Board affirmed.

  • National Law Journal

    Trump's Two NLRB Nominees Questioned Over Any Anti-Union Bias

    By Erin Mulvaney | July 13, 2017

    Democratic U.S. senators grilled President Donald Trump's picks for the National Labor Relations Board on Thursday over their ability to assert impartiality in disputes at the agency between companies and workers' rights. Littler Mendelson shareholder William Emanuel and OSHA lawyer Marvin Kaplan appeared on Capitol Hill for their confirmation hearing.

  • New Jersey Law Journal

    Nurse Can Proceed With Perceived Disability Claim

    By Michael Booth | July 12, 2017

    A nurse will be allowed to pursue her claim that she was fired by a hospital because of a belief that she was physically unable to perform her job, the New Jersey Supreme Court ruled on Tuesday.

  • National Law Journal

    Businesses, Complaining About 'Joint Employer' Rules, Call for Clarity

    By Erin Mulvaney | July 12, 2017

    A FedEx Ground executive on Wednesday urged federal lawmakers to confront business uncertainty over labor regulators' broad interpretation of who is an "employer" when it comes to the collective-bargaining rights of employees. Workers' rights advocates and business groups await a D.C. Circuit decision that could clarify the rules.

  • The Recorder

    Lyft GC Kristin Sverchek Weighs Gig Economy's Future

    By Erin Mulvaney | July 11, 2017

    Lyft general counsel Kristin Sverchek offers her perspective on the future of the on-demand employment sector, and offers advice to up-and-coming companies that might not find themselves fitting exactly into the existing labor structure.

  • The Recorder

    Lyft GC Kristin Sverchek Weighs Gig Economy's Future

    By Erin Mulvaney | July 11, 2017

    When Kristin Sverchek joined Lyft five years ago as its general counsel, she says she wasn't 100 percent sure the company would still be around in…

  • National Law Journal

    Littler Mendelson's William Emanuel, Trump Pick for NLRB, Discloses Clients, Compensation

    By Erin Mulvaney | July 10, 2017

    Littler Mendelson's William Emanuel, one of President Donald Trump's nominees to the National Labor Relations Board, identified 49 former clients in a financial disclosure and said he would recuse himself, for up to a year, if any of the companies appear before the agency. Emanuel and fellow NLRB nominee Marvin Kaplan are set for confirmation hearings Thursday.

  • Littler Mendelson's William Emanuel, Trump Pick for NLRB, Discloses Clients, Compensation

    By Erin Mulvaney | July 10, 2017

    Uber, one of the Los Angeles shareholder's clients, has clashed with the labor board.Littler Mendelson's William Emanuel, one of President…

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