Author Archives: Jay Butchko
Pennsylvania Unemployment Compensation and Workers’ Compensation: Can I Get Both?
Yes you can. However, your eligibility for both will be determined based on a variety of factors. If you were fired, the employer will be required to prove that you were fired for willful misconduct. If the employer fails to meet that burden, you will be eligible for unemployment benefits. It’s not uncommon that… Read More »
OVERTIME PAY FOR MORE U.S. WORKERS AND AVERAGE WEEKLY WAGE CALCULATIONS
In a previous article, we discussed new overtime rules that will go into effect on December 1, 2016. These new overtime rules could affect up to 4 Million U.S. workers. These changes could be significant for Pennsylvania injured workers. When a worker is injured on the job, the employer is required to prepare a… Read More »
New Overtime Rules to go Into Effect
On May 18, 2016, the Department of Labor’s published a final rule updating the overtime regulations under the Fair Labor Standards Act (FLSA), which will automatically extend overtime pay protections to over 4 million workers within the first year of implementation. Key Provisions of the Final Rule The Final Rule focuses primarily on updating… Read More »
WHAT IS A TERMINATION PETITION?
Will a Termination Petition affect my weekly benefits? Not immediately and hopefully never. If the Employer wins a Termination Petition, the injured workers’ weekly comp checks will stop. However, the filing of a Termination Petition does not mean wage loss benefits will immediately or ever stop. The injured workers’ benefits can continue as the… Read More »
Exceptions to Employment Protection under the Pennsylvania Medical Marijuana Act
In a previous article we discussed the Pennsylvania Medical Marijuana Act (the Act) and the employment protection language included therein. Here we will discuss some of the exceptions to those protections. In addition, many activities related to the use of medical marijuana are by their very nature violations of federal law, and the Act… Read More »
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 »