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The Legal Intelligencer

Subrogation and the Heart and Lung Act

As is well known, an employer's right to subrogation under Section 319 of the Workers' Compensation Act has consistently been found to be ­absolute, with few exceptions. The most notable example being where the injured worker recovers from an uninsured motorist policy paid for by the employee himself. There is, however, another exception that can be missed, which was recently addressed in the Commonwealth Court case of Pennsylvania State Police v. Workers' Compensation Appeal Board (Bushta), No. 2426 C.D. 2015.
10 minute read

The Legal Intelligencer

Paralegal Settles Wage Claims Against Messa & Associates

A former paralegal at personal injury firm Messa & Associates has reached a $7,500 settlement of her claims against the firm over alleged unpaid overtime wages.
9 minute read

The Legal Intelligencer

Employers Can't Mandate Use of Payroll Debit Cards, Superior Court Rules

Pennsylvania employers cannot require workers to be paid on payroll debit cards, the state Superior Court has ruled in an issue of first impression.
10 minute read

Connecticut Law Tribune

States Look to Give Teeth to National Pay Equity Legislation

It has been nearly 20 years since the Paycheck Fairness Act, meant to remedy pay inequality between men and women in the workplace, was first introduced in Congress. Since then, this legislation has been reintroduced and failed to pass over and over.
15 minute read

Connecticut Law Tribune

Federal Courts Split Over Whether Employers May Require Employees to Waive Class Action Rights

Wage and hour class actions have been an important tool for enforcing minimum wage and overtime laws in this country for decades.
18 minute read

New York Law Journal

Hill v. Delaware North Co. Sportservice, Inc.

By | October 11, 2016
Ball Field's "Concessionaire" Is Exempt From FLSA's Overtime Pay Requirement
3 minute read

The Legal Intelligencer

When Is a Dismissal With Prejudice Warranted?

When litigating a workers' ­compensation case, the parties are often at the whim of a ­doctor who has a remarkably busy schedule and who may cancel a deposition on the eve of a scheduling order in a case before a regimented workers' compensation judge. Moreover, fact witnesses who are less than concerned with your client's case are often difficult to locate or reach and can give the parties fits in agreeing on a mutually ­convenient date, time and place for a ­deposition. All of these potential delays can lead to a case being either withdrawn or ­dismissed with or without prejudice to refile.
13 minute read

The Legal Intelligencer

Groups Sue to Enjoin DOL's Final Rule on Salary Exemptions

On May 23, the U.S. Department of Labor (DOL) published in the Federal Register its long-awaited final rule implementing new minimum ­salary thresholds for the "white collar" exemptions to the Fair Labor Standards Act's (FLSA) overtime requirements. On Sept. 20, 21 states and the U.S. Chamber of Commerce, joined by numerous business groups, filed separate lawsuits seeking to enjoin the final rule from taking effect on Dec. 1.
16 minute read

The Legal Intelligencer

What Workers' Comp Coverage Insurers Don't Want You to Know

How's that leg you accidentally banged against your desk a couple of months ago? Has it started feeling worse every time you stand up from your chair? And how's that wrist that's beginning to ache from carrying your laptop around the office day after day?
12 minute read

New York Law Journal

Tutka v. Optimum Construction, Inc.

By | September 22, 2016
Failure to Exhaust Remedies Leads to FLSA, RICO Kickback Suit's Dismissal Absent Prejudice
3 minute read

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