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The Legal Intelligencer

Workers' Comp 'Reforms' Don't Stand Up to Scrutiny

There's a classical Roman maxim: "There are some cures worse than the disease." Of course, we know what it means: There's an actual problem, but the proposed solution will either fail to solve the problem, create more problems or kill the patient. And we must consider the source of the proposed miracle cure. Pennsylvania Rep. Ryan Mackenzie, whose district includes parts of Bucks and Lehigh counties, is developing expertise in proposing legislative "reforms" to our workers' compensation legal system that are Trojan horses. They purport to solve a genuine crisis, but if enacted, would not help and, worse, will actually harm and create new difficulties for injured workers across Pennsylvania.
17 minute read

The Legal Intelligencer

Should Joint Employment and Wage and Hour Disputes Be Arbitrated?

In Geselle v. Jack in the Box, 3:14-CV-1092-BR (D. Or. Dec. 13, 2016), the district court had just reviewed the joint pretrial order in this 6-year-old case, and was entertaining certain issues for summary judgment. In 2016, the parties cross-moved for partial summary judgment and the court was called upon to resolve tricky issues regarding arbitration in wage and hour disputes and joint employment generally.
18 minute read

The Recorder

Calif.'s Patchwork of Local Minimum Wages a 'Minefield' for Employers

California's robust and lucrative market is also an expensive one, and that cost is increasing. California's recent minimum wage increase will, over 18 months, create the highest state minimum wage in U.S. history, by 2023 at $15 per hour. Further, many of California's employee-friendly cities and local governments have enacted local wage ordinances that exceed or differ from statewide requirements, making the decision of where to do business in California increasingly complex.
10 minute read

New York Law Journal

'Cheeks v. Freeport Pancake House': A Full Stack of Approval Decisions 18 Months In

Glenn S. Grindlinger and Alexander W. Leonard discuss wage and hour settlement terms that generally will and will not be approved by courts in the Second Circuit.
21 minute read

New Jersey Law Journal

Domino's Franchise Operator Settles Wage Suit With Delivery Drivers

An operator of 26 Domino's Pizza franchises has agreed to pay $317,500 to settle a suit claiming it paid delivery drivers less than minimum wage.
9 minute read

New York Law Journal

Park v. FDM Group (Holdings) PLC

By | March 15, 2017
Wage Claims Dismissed; Not 'Employee' During Training Period, Termination Fee Not Kick-Back
3 minute read

The Legal Intelligencer

Questionable Future of IREs in Pa.'s Workers' Comp System

Impairment rating evaluations (IREs) provide an important tool in the Pennsylvania workers' compensation system. Where a claimant has made a full recovery or is clearly capable of returning to the workforce, the employer has ­well-established options for terminating or modifying a claimant's benefits. However, where a claimant has not made a full ­recovery and a return to the workforce is disputed, the employer's options are extremely limited. This is where the IRE process is crucial.
11 minute read

New Jersey Law Journal

Civil Rights Division Brings Wage Equity Suit Against Hotel Operator

New Jersey's Division on Civil Rights has filed a suit accusing the operator of a Hilton-branded hotel in Bergen County of paying women employees less than men who have the same job duties.
7 minute read

New York Law Journal

AG Settles Wage Dispute Over Public Works Project

A contractor and a property developer have agreed to pay $255,000 to settle allegations they failed to enforce prevailing wage requirements on a public works project.
3 minute read

The Legal Intelligencer

Pa. Supreme Court Decision Foreshadows 'Protz'?

With every passing month, the elephant in the room that goes by the name Protz v. Workers' Compensation Appeal Board (Derry Area School District) grows bigger while the Commonwealth and Supreme courts continue to churn out case after case dealing with impairment rating evaluations (IREs) under Section 306(a.2) of the Workers' Compensation Act.
11 minute read

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