Author Archives: Site Administrator
Workers Compensation, Personal Injury, Social Security Disability and How to Protect Your Future
When employees are hurt on the job and are unable to work, their thoughts naturally turn to concerns about how they are going to pay their bills and support their families in the short term. In more serious cases, injured workers may also have to take into consideration how they will provide for themselves… Read More »
Working while on Social Security Disability
Applicants for and recipients of Social Security Disability benefits have many questions regarding the process, but one of the most common questions is whether working while on social security disability will make me ineligible for benefits. The short answer is not necessarily, however, there are some pitfalls you will need to be aware of…. Read More »
NLRB Finds Displaying Signs in Personal Vehicles is Not Picketing
In the matter of Verizon New England, Inc. and International Brotherhood of Electrical Workers, Local 2324 the National Labor Relations Board (NLRB) considered whether employees were in violation of the “No Strike” clause of their collective bargaining agreement by displaying signs in their personal vehicles. See, http://www.nlrb.gov/cases-decisions/weekly-summaries-decisions/summary-nlrb-decisions-week-march-9-13-2015 . In its holding the NLRB finds… Read More »
FMLA and Same Sex Marriage
The United States Supreme Court decision in United States v. Windsor, see https://www.law.cornell.edu/supremecourt/text/12-307 found the Defense of the Marriage Act (DOMA) and its ban on same sex marriages to be unconstitutional. That finding has had a wide impact on variety of other federal laws and regulations, including the Family and Medical Leave Act. In… Read More »
TITLE VII OF THE CIVIL RIGHTS ACT AND RELIGIOUS DISCRIMINATION
Title VII of the Civil Rights Act of 1964 prohibited discrimination on the basis of race, color, religion, sex and national origin. The law was later amended to include protection on the basis of pregnancy, age and disability. The Equal Employment Opportunity Commission (EEOC) is the federal agency that oversees the enforcement and investigation… Read More »
Immigration Status and Eligibility for Workers Compensation
In the recent case of, David Cruz v. WCAB (Kennett Square Specialties and PMA Management Corporation), http://www.pacourts.us/assets/opinions/Supreme/out/j-61-2014oajc%20-%201018813392430456.pdf the Pennsylvania Supreme Court looked at the tricky issue of immigration status and eligibility for workers compensation. In Cruz, Pennsylvania Supreme Court considered the issue of who carried the burden of proof in establishing that a workers… Read More »
OSHA AND ANTI-RETALIATION RIGHTS FOR INJURED WORKERS
The Occupational Safety and Health Act is an Act (OSHA) that signed into law in 1970 and its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. OSHA also… Read More »
TITLE VII OF THE CIVIL RIGHTS ACT AND RELIGIOUS DISCRIMINATION
Title VII of the Civil Rights Act of 1964 prohibited discrimination on the basis of race, color, religion, sex and national origin. The law was later amended to include protection on the basis of pregnancy, age and disability. The Equal Employment Opportunity Commission (EEOC) is the federal agency that oversees the enforcement and investigation… Read More »
Does Your Employer Give You More Benefits Under FMLA Than You Are Entitled To? Check the Employer Handbook.
Like many state and federal labor and employment laws, the Family Medical Leave Act (FMLA) sets the floor, not the ceiling on what is required of an employer. Does your employer give you more benefits under FMLA than you are entitled to? Check the employer handbook. Generally, FMLA requires covered Employers to provide up… Read More »
Jury Finds Trucking Company in Violation of Americans with Disabilities Act
A jury has found Old Dominion Freight Line, Inc. in violation of the Americans with Disabilities Act (ADA) and awarded the Plaintiff $119,612 in back pay. The Plaintiff, a truck driver, self- reported to Old Dominion a problem with alcohol under the Employer’s “open door policy.” The Employer removed the Plaintiff from his position… Read More »