News & Analysis as of

Appeals Compensation & Benefits Employer Liability Issues

Marshall Dennehey

Commonwealth Court Affirms Denial of COVID-19 Workers’ Compensation Claim by Police Officer: E-Time Payments Not Evidence of...

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Terry Stewart v. City of Philadelphia (WCAB); No. 490 C.D. 2024; filed April 15, 2025; Judge Fizzano Cannon - The claimant contends that he contracted COVID-19 in the line of duty. Following his diagnosis, he was...more

Pullman & Comley - Labor, Employment and...

Federal Court Decision Reshapes ACA Enforcement by HHS and IRS

The recent federal district court decision in Faulk Company, Inc. v. Xavier Becerra, et al., No. 24-cv-00609-P (N.D. Tex. 2025) significantly alters the primary mechanism used by the U.S. Department of Health and Human...more

Marshall Dennehey

Delaware Industrial Accident Board Rules Claimant is an Actually Displaced Worker Following Job Search Evaluation

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Frances Carr v. Amazon.com Services, IAB No. 1540462 (Feb. 25, 2025) - In Delaware workers’ compensation cases, claimants who are unable to return to their previous jobs due to injury may contend they are prima facie...more

Marshall Dennehey

First District Court of Appeal Overturns Attendant Care Award Due to Lack of Specificity in Judge’s Findings

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Girardin v. AN Fort Myers Imports, LLC, Fla. 1st DCA, No. 1D2022-1485, February 19, 2025 - The First District Court of Appeal overturned an award for nonprofessional attendant care because the judge of compensation claims...more

Marshall Dennehey

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the...

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Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...more

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

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As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more

Proskauer - California Employment Law

Employer Need Not Reimburse Travel Expenses for Drug Test

A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more

Steptoe & Johnson PLLC

Claimant Denied Pennsylvania Unemployment Benefits for Walking Off Job Without Voicing COVID-19 Concerns

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Fear of COVID-19 was not a valid reason for walking off the job, according to the Commonwealth Court of Pennsylvania’s recent decision. Shortly after the lockdown orders were issued by Gov. Tom Wolf in March 2020, a Certified...more

Proskauer - California Employment Law

Volunteers May Work For Nonprofits Without Compensation

The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more

CDF Labor Law LLP

9th Circuit Decision Requires Employers to Reevaluate Expense Reimbursement Procedures

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This week, the Ninth Circuit Court of Appeals held that an employer’s per diem expense reimbursement payments functioned as compensation for work rather than business expense reimbursements. As a result, the employer was...more

Payne & Fears

Key California Employment Law Cases: April 2020

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Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) - Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...more

FordHarrison

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

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Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

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We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Littler

Supreme Court of Canada to Decide the Extent of Employers’ Duty of Trust, Honesty and Good Faith in the Performance of Incentive...

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It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more

Hogan Lovells

California Appellate Rulings Give Employers Some Good News On Break Premiums

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The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

Polsinelli

California Court of Appeal Approves Variable Hourly-Based Compensation Plan

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In recent years, California courts have complicated the lives of employers that utilize commission and piece rate compensation systems (i.e., “activity-based compensation”).  ...more

Seyfarth Shaw LLP

Certified Tire: Not Your Average Compensation System

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Seyfarth Synopsis: The California Court of Appeal has upheld the validity of pay plans that guarantee a wage that meets or exceeds the minimum wage for all hours worked during a pay period, but that also enables the employees...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

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Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

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