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Pennsylvania Employer Liability Issues

Marshall Dennehey

A Costly Mistake

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Key Points: A workers’ compensation judge is not required to correct a mistakenly-issued Notice of Compensation Payable, but they may correct a mistakenly-issued Notice of Compensation Payable....more

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

Marshall Dennehey

Court Affirms Judge’s Discretion in Refusing to Set Aside Mistakenly Issued Medical-Only NCP

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City of Philadelphia and PMA Management Corp. v. John Bell; No. 648 C.D. 2024; filed April 2, 2025; Judge Wallace - The Commonwealth Court upheld a decision refusing to set aside a Medical-Only Notice of Compensation Payable...more

Goldberg Segalla

New Jersey Joins New York and Pennsylvania in Treating Commissions as Wages

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In Musker v. Suuchi, Inc., the New Jersey Supreme Court addressed whether commissions are considered “wages” under New Jersey’s Wage Payment Law (NJWPL) after a salaried employee sued her employer for allegedly withholding...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

NJ Expands Wage Law to Cover Commissions – How It Compares to PA

The New Jersey Supreme Court recently ruled that commissions are considered “wages” under New Jersey’s Wage Payment Law (“NJWPL”). This decision—which allows employees whose commissions are not timely paid to recover 200% of...more

Marshall Dennehey

Reimbursement of Pennsylvania Department of Human Services Lien Is Found Not Automatic by Pennsylvania Commonwealth Court

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Key Points: No formal liability for payment of work-related medical expenses is triggered on the part of the employer/insurer until such expenses are properly submitted in accordance with the terms and provisions of the...more

Seyfarth Shaw LLP

Pennsylvania Plaintiff Drops Challenge to FTC Non-Compete Rule

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On October 4, 2024, Plaintiff ATS Tree Services, LLC (“ATS”) voluntarily dismissed its claims against the FTC challenging the agency’s Non-Compete Rule. See ATS Tree Services, LLC v. Fed. Trade Comm’n, et al., No....more

Troutman Pepper Locke

Pennsylvania Limits Noncompete Agreements for Health Care Practitioners

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On July 17, Pennsylvania Governor Josh Shapiro signed House Bill (HB) 1633, the Fair Contracting for Health Care Practitioners Act (the Act) into law. At a high level, the Act: (1) limits the enforceability of noncompetes...more

Littler

Pennsylvania Enacts Law Banning Certain Non-Compete Agreements with Healthcare Providers

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On July 23, 2024, Pennsylvania Governor Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the “Act”), which bans certain noncompete covenants, including patient nonsolicitation provisions, between an...more

Troutman Pepper Locke

Pennsylvania Court Denies Injunction Against FTC’s Noncompete Ban

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In direct conflict with a recent Texas court ruling, on July 23, an Eastern District of Pennsylvania court denied ATS Tree Services’ motion for a preliminary injunction to stay the effective date of the Federal Trade...more

Foley Hoag LLP

UPDATE: Federal Court in PA Denies Preliminary Injunction for FTC’s Noncompete Ban

Foley Hoag LLP on

In our recent alert, we noted that while a Texas federal court’s decision in Ryan LLC v. FTC to preliminarily enjoin the FTC’s noncompete rule applied only to the parties in the case, there was still potential for a broader...more

Epstein Becker & Green

Pennsylvania Passes Law Limiting Use of Noncompetes for Health Care Practitioners

Epstein Becker & Green on

On July 17, 2024, Governor Josh Shapiro approved Pennsylvania’s first statute imposing limitations on the use of noncompetes in the state....more

Littler

School’s Out for the Summer: Ensuring Compliance when Employing Minors in Pennsylvania

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As summer quickly approaches and businesses in Pennsylvania continue to seek applicants to fill vacancies in their workforce, employers are becoming more reliant on employees under the age of majority, or minors. Many...more

Littler

Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

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The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations.  The ordinance...more

Littler

New Pennsylvania Legislation and Philadelphia Ordinance Amendment Tackle Pardoned Convictions, Expunged Records, and Negligent...

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Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening. ...more

McNees Wallace & Nurick LLC

Addressing Workers’ Compensation Issues for the Remote Workforce

The ever-evolving work landscape and rise of remote work have brought about new challenges and opportunities for Pennsylvania employers. A critical aspect of maintaining employee well-being and ensuring legal compliance has...more

Clark Hill PLC

Pennsylvania Human Relations Commission Adds New Definitions for Sex, Religious Creed, and Race and Adds Protections for Employee...

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On June 17, the Pennsylvania Human Relations Commission (“PHRC”) passed new regulations under the Pennsylvania Human Relations Act (“PHRA”) that will go into effect on Aug. 16. The PHRA prohibits discrimination in employment...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, April 2023

What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more

Littler

Pennsylvania Expands Definitions of Race, Sex and Religious Creed in Human Relations Act

Littler on

On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved amendments to the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act regulations to add a...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Pennsylvania Workers’ Compensation: Year in Review & Emerging Trends in Workers' Compensation - November 15th, 1:00 pm -...

The Pennsylvania edition of this program offers a year in review of the biggest cases and legislation from 2022. Additionally, attorneys Chris Davis and Michael Hyland will look to the future for 2023 to discuss trends,...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Marijuana Compliance in New Jersey and Pennsylvania for Employers and Workers' Compensation Carriers - September 21st,...

Both employers and workers' compensation carriers have many questions around the legal implications of marijuana in the workplace. On Wednesday, September 21, Weber Gallagher attorneys John Kutner and Preeya Bansal will...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

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

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