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The Legal Intelligencer

Is Injured Worker an Independent Contractor or Employee?

Earlier this month, the Commonwealth Court issued an order reporting the previously unreported case of Hawbaker v. Workers' Compensation Appeal Board (Kriner's Quality Roofing Services and Uninsured Employers Guaranty Fund), 224 C.D. 2016. The case offers an ­opportunity to revisit the oft-litigated issue of whether an injured worker is an employee or an independent contractor. Moreover, the case considers the ­question in light of the Construction Workplace Misclassification Act, which sets forth criteria for classification of independent ­contractors in construction settings.
6 minute read

The Legal Intelligencer

Judge Won't Halt Philadelphia's Salary History Law

A federal judge has denied a regional chamber of commerce's request to block a Philadelphia city ordinance banning employers from asking job applicants about their wage history.
9 minute read

The Legal Intelligencer

Judge Won't Halt Philadelphia's Salary History Law

A federal judge has denied a regional chamber of commerce's request to block a Philadelphia city ordinance banning employers from asking job applicants about their wage history.
9 minute read

The Legal Intelligencer

The Grand Bargain Becomes the Grand Betrayal

Over 100 years ago, the Pennsylvania Workers' Compensation Act was introduced to the commonwealth. It was called the "grand bargain." The grand bargain resulted in the loss of the constitutional right of an injured worker to sue their employer in exchange for the certainty and guarantee of workers' compensation benefits consisting of a weekly check and payment of medical treatment.
8 minute read

New York Law Journal

Garcia v. Village Red Restaurant Corp.

Sole Shareholder Holds No Control Over Eatery, Is Not 'Employer' for FLSA Suit
3 minute read

The Legal Intelligencer

Split Circuit Panel Allows Nurse Aides' Wage Suit to Proceed

A group of certified nursing assistants can move forward with a prospective Fair Labor Standards Act class action against an assisted living facility over claims they weren't paid enough overtime or compensated for meal breaks.
6 minute read

New Jersey Law Journal

Split Circuit Panel Allows Nurse Aides' Wage Suit to Proceed

A group of certified nursing assistants can move forward with a prospective Fair Labor Standards Act class action against an assisted living facility over claims they weren't paid enough overtime or compensated for meal breaks.
3 minute read

New York Law Journal

Seck v. Dipna RX, Inc.

FLSA Suit's Settlement By Complaint's Dismissal By Plaintiff Not Exempt From ' Cheeks' Review
3 minute read

The Legal Intelligencer

Revisiting the Average Weekly Wage Case by Case

The recent Commonwealth Court case of Lidey v. Workers' Compensation Appeal Board (Tropical Amusements), 726 C.D. 2016, serves to remind the claimant's practitioner that the injured workers' average weekly wage (AWW) should be reviewed for accuracy in every case. Given the many different ways to determine an AWW, the employer and insurance company often make both simple and complex errors in the wage that gets ­acknowledged on various bureau documents.
12 minute read

New York Law Journal

Gao v. Perfect Team Corp

By | April 27, 2017
'Cheeks' Approval Process Supplanted By Bankruptcy Court's Approval of Settlement
3 minute read

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