Author Archives: Ira Weinstock
Employment Protections under the Pennsylvania Medical Marijuana Act
Much has been discussed regarding the employment protection provisions of Act 16 of 2016 (the Medical Marijuana Act), formerly Senate Bill 3. It has been widely noted that the Act contains language protecting the jobs of patients who are patients approved to use medical marijuana. However, the Act separately contains exceptions to the patient… Read More »
Ban the Box Legislation and Criminal Background Checks for Employment
In a previous article we discussed whether Employers can obtain criminal record information during the application for employment process and deny employment based on those findings. Many states and municipalities have passed “Ban the Box” legislation to make this process illegal. In general, Ban the Box legislation requires employers to delay the inquiry into… Read More »
Can A Potential Employer Ask About Your Criminal Record?
Good jobs can be hard to find. If you have a criminal record that can make it even more difficult to find a decent job. In 2012 the U.S. Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance Memo that recognized that in the last twenty years, there has been a significant increase in… Read More »
What Auto Insurance Coverage Do You Need in Pennsylvania?
The Pennsylvania Motor Vehicle Financial Responsibility Law requires, as a driver in Pennsylvania, that your vehicle have at least the minimum amounts of coverage while it is on the road. If you are caught without auto insurance, you may be fined as much as $300, and your driver’s license, registration, and license plate could… Read More »
Do Pennsylvania Workers Have The Right to Know About Their Exposure to Hazardous Chemicals?
The Pennsylvania Worker and Right to Know Act (Act 159 of 1984) created a system for communicating information about hazardous materials used, produced or stored at work sites within the Commonwealth. The Department of Labor & Industry, through the Health & Safety Division, acts as the data collector between employers and the community. Under… Read More »
PENNSYLVANIA SUPREME COURT TO DECIDE IF INJURED WORKER WAS WITHIN THE COURSE AND SCOPE OF HIS EMPLOYMENT WHEN ATTEMPTING TO AID ANOTHER EMPLOYEE IN PENNSYLVANIA WORKERS’ COMPENSATION CASE
In order for an injured worker in Pennsylvania to be eligible for Pennsylvania Workers’ Compensation benefits, the injured worker must be within the course and scope of her employment. The Supreme Court of Pennsylvania has decided to hear an appeal from an employer to consider whether or not a worker injured when coming to… Read More »
Pennsylvania Supreme Court Accepts Appeal That Could Impact Impairment Rating Evaluations in Pennsylvania Workers Compensation Cases
We previously discussed in this Blog impairment rating evaluations (IRE) and how the Commonwealth Court in Protz v. Workers’ Compensation Appeal Board (Derry Area School District), No. C.D. 2014 (Pa. Cmwlth. 2015), changed the landscape of IREs by holding that only the 4th edition of the AMA Guidelines could be used when analyzing an… Read More »
Department of Labor Requires Employers to Report Activities of Anti-Union Consultants
On March 24, 2016, the U.S. Department of Labor issued guidance regarding Employers’ obligations to report financial expenditures and activities related to the hiring of consultants to dissuade employees from joining a Union. Under the Labor-Management Reporting and Disclosure Act (LMRDA) section 203(a), an employer must report, on Form LM-10, certain expenditures and activities… Read More »
Social Security Disability and Knee, Hip, and Ankle Injuries
Many injured workers in Pennsylvania are unable to work due to injuries to or conditions relating to their knee, hip, or ankle. Knee, hip, or ankle conditions can result from a single injury, multiple injuries, or from degeneration over time. Sometimes the conditions can meet Social Security’s standards, or listings, to obtain disability benefits. … Read More »
Reporting Elder Abuse and Employee Protection
The Older Adults Protective Services Act (OAPSA) is a Pennsylvania Law that mandates that older adults who lack the capacity to protect themselves and are at imminent risk of being abused, neglected, exploited or abandoned must have access to and be provided with services necessary to protect their health, safety and welfare. These protective services must safeguard… Read More »