Category Archives: Blog
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 »
Pregnancy Discrimination
According to the U.S. Department of Labor, women now make up nearly half of the U.S. labor force. Three out of every four women entering the workforce will experience at least one pregnancy while employed. Unfortunately, employers fail to recognize that pregnancy does not give them the right to treat employees unfavorably because it… Read More »
EMPLOYEE HURT AT AN EMPLOYER’S PARTY IS NOT ENTITLED TO WORKERS COMP
In previous articles we have discussed the requirement that employees must be within the course and scope of their employment when injured in order to get workers compensation benefits. In a recent case in the Commonwealth Court, the Court held that an employee hurt at an employer’s party is not entitled to workers comp…. Read More »
Workers Compensation for Post Traumatic Stress Disorder
In a recent Pennsylvania Supreme Court case, the High Court awarded workers compensation for Post Traumatic Stress Disorder. In Pa Liquor Control Board v. Workers’ Compensation Appeal Board (Kochanowicz), the Court held that getting robbed was not a normal part of the job of a Pennsylvania Liquor store employee. The Claimant, Greg Kochanowicz was… Read More »