Category Archives: Helpful Information
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 »
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 »
Employer Fined For Retaliation Against An Injured Worker
The Occupational Safety and Health Administration (OSHA) recently ordered an Employer fined for retaliation against an injured worker. OSHA ordered Metro-North Commuter Railroad Co. to pay $250,000 in punitive damages and $10,000 in compensatory damages as a result of their violation of the Federal Railroad Safety Act. See http://www.dol.gov/opa/media/press/osha/OSHA20142176.htm In this case, the employee… Read More »
2015 Maximum Pennsylvania Workers Compensation Rate
The Pennsylvania Department of Labor and Industry determines on a year to year basis the maximum workers compensation rate for injured workers in Pennsylvania. The Department of Labor and Industry has announced that the 2015 Maximum Workers Compensation Rate in Pennsylvania is $951/week for all work injuries suffered after January 1, 2015. An Employee can determine… Read More »
Rotator Cuff Tears—Work Related Injuries
One of the most common work related injuries are rotator cuff tears. A rotator cuff tear occurs either by degeneration or by trauma to the tendons of the four different muscles of the shoulder comprising what’s commonly referred to as the rotator cuff. The muscles start in the scapula and attach to the head… Read More »
Social Media Impact on Personal Injury Case
Social media is a veritable treasure trove of information in Pennsylvania personal injury and workers compensation cases. Sometimes that information benefits the Claimant or Plaintiff, but more often than not, it works against the Plaintiff. Case in point, a Florida man received an $80,000.00 confidential settlement payment for his age discrimination claim against his… Read More »
Employer Complaints on Facebook Can Get You Fired
In a previous entry we discussed how complaints about the workplace on social media sites can be considered “concerted activity” and therefore protected speech under the National Labor Relations Act (NLRA). However, depending on the circumstances, posting your employer complaints on Facebook can get you fired. In a recent case out of California, the… Read More »