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The Legal Intelligencer

Four Exceptions to the 'Coming and Going' Rule: Protecting the Commute

Pennsylvania's workers' compensation statute is designed to protect workers who are injured, killed or disabled in the course of employment. With its origin dating back to 1915, the statute and accompanying administrative legal system has continuously adapted in an attempt to protect the ever-evolving Pennsylvania workforce.
16 minute read

New York Law Journal

Judge Signs Car Wash Workers Pay Settlement

A federal court settlement has concluded a case in which workers in three states claimed wage disclosures by their car wash employer were deficient under state and federal laws.
4 minute read

New Jersey Law Journal

Third Circuit Dismisses Wage Class Suit Against Robert Half

In a case that previously yielded a precedential ruling on whether it's up to courts or arbitrators to decide the issue of class arbitrability, a federal appeals panel has declined to read an authorization to arbitrate on a class-wide basis into a contract presented to employees of placement firm Robert Half.
11 minute read

New York Law Journal

Flood v. Just Energy Marketing Corp.

By | January 26, 2017
Electricity Marketer Granted Judgment in Suit By 'Outside Salesman' Exempt From FLSA, NYLL
3 minute read

The Legal Intelligencer

Commonwealth Court Allows 'Protz' to be Raised Post Hoc

As discussed in this space on ­various occasions, the Commonwealth Court's decision in Protz v. Workers' Compensation Appeal Board (Derry Area School District), 124 A.3d 406 (Pa. Commw. 2015), which has since been taken up by the Pennsylvania Supreme Court, addressed the constitutionality of Section 306(a.2) of the Workers' Compensation Act, which calls for reliance on "the most recent edition" of The American Medial Association Guides to the Evaluation of Permanent Impairments (the AMA guides) in performing Impairment Rating Evaluation (IREs). The court found that the legislature's deference to "the most recent version" of the AMA guides was an unconstitutional delegation of legislative authority to the AMA with no vehicle for legislative review.
12 minute read

New Jersey Law Journal

GE Agrees to Pay $9.5M to Settle Technicians' Wage Claims

General Electric has agreed to a $9.5 million settlement of a wage-and-hour class action by service technicians for the company who alleged they were routinely required to perform certain tasks off the clock.
9 minute read

The Legal Intelligencer

What to Expect From Department of Labor Nominee Andrew Puzder

President-elect Donald Trump ­announced in December his intention to nominate Andrew Puzder as the next secretary of the U.S. Department of Labor (DOL). A labor department led by Puzder is likely to bring significant shifts in the department's approach to the full range employment and labor issues, including the minimum wage, overtime, and overall enforcement and oversight of wage-and-hour laws, among other changes. Puzder's own ruminations on these issues in books, blog posts, speeches and media coverage offer insight for employers and employees on the philosophy he will bring with him to the Trump administration should he be confirmed by the Senate.
10 minute read

New York Law Journal

Griffin v. Aldi, 5:16-CV-00354

By | December 21, 2016
Dismissal of Store Managers' Unjust Enrichment Claim in FLSA Overtime Class Suit Explained
3 minute read

New York Law Journal

AGs Say Six More National Retailers Will Cease 'On-Call' Scheduling

Six more national retailers consented Tuesday to stop using on-call staffing methods under a multistate agreement. Nine other big retailers previously also had agreed to stop the practice.
5 minute read

New York Law Journal

Rose v. Northwestern Mutual Life Ins. Co.

By | December 19, 2016
Insurer's Representative Was Independent Contractor Exempt From State's Wage Law
3 minute read

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