Category Archives: Employment Law

  Far-Reaching Changes Are On the Horizon, Part II Independent Contractor Analysis Updated Guidance. The standard salary level adjustment for exempt employees has been proposed at the same time as guidance from the USDOL (in Administrator’s Interpretation No. 2015-1), regarding … Continue reading

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Far-Reaching Changes Are On the Horizon, Part I Exempt v. Nonexempt Criteria. The Department of Labor has issued some revised guidance regarding overtime classification standards under the Fair Labor Standards Act. The DOL expects that 11 million employees will be … Continue reading

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Correcting Deficient Medical Certifications A recent Third Circuit case reconfirms the importance of following up on medical certification if there is any question about its completeness or clarity. An employee requested intermittent FMLA leave from her employer and provided certification … Continue reading

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  New DOL FMLA Forms. Early this summer, the Department of Labor updated the model FMLA Notices and Medical Certification forms. Interestingly, there are not a lot of changes to the forms. The only notable change is a reference to … Continue reading

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  By Ronald W. Ryan A ski instructor, who sustained a neck injury after taking a jump in the terrain area, despite wearing a resort ski jacket and otherwise being “on-the-clock” as an instructor, was in pursuit of his own … Continue reading

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By Sheralee Hurwitz One of the most difficult Family Medical Leave Act (“FMLA”) issues to manage is abuse of approved FMLA leave. The FMLA statute and regulations do not provide much, if any, guidance with regard to the concept of … Continue reading

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  by Sheralee Hurwitz In December, 2012, the EEOC announced approval of its Strategic Enforcement Plan for 2013 to 2016.  This targeted approach is designed to make the EEOC’s enforcement efforts and charge processing more efficient. Over the last decade, … Continue reading

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  By Ronald W. Ryan Mr. Cuddington’s work injury. On October 25, 2012 the Court of Appeals issued an opinion, for publication, in the matter of Cuddington v United Health Services, Inc. (Court of Appeals docket number 303249). In that … Continue reading

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  Whitney A. Kemerling A recent federal court decision has explored yet another legal issue related to social media: whether an individual’s LinkedIn account is considered personal property or professional business property. In Eagle v. Morgan, a Pennsylvania woman created … Continue reading

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Sheralee S. Hurwitz The Americans With Disabilities Act prohibits discrimination against individuals with disabilities and covers private employers with fifteen or more employees. The Americans With Disabilities Amendment Act of 2008 became effective in January, 2009. The law made several … Continue reading

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