Consolidated appeals were filed with the Pennsylvania Supreme Court regarding the doctrine of forum non conveniens. This legal principle and its associated procedural rule (Pa.R.C.P. 1006)...

Introduction Determining whether a worker is an employee or an independent contractor remains one of the most important—and increasingly complicated—decisions an employer must make. The stakes are...

On June 1, 2025, The New Jersey Pay Transparency Act goes into effect. Employers with 10 or more employees in 20 or more calendar weeks must comply with the provisions of the Act or face civil...

Direct Deposit of Pennsylvania workers’ compensation payments, including settlement payments, became effective on December 28, 2024. Prepare yourselves now to avoid the onrush of Penalty Petitions...

The Department of Labor, in April of 2024, finalized a rule to increase the Fair Labor Standards Act (FLSA) salary threshold for exempt workers. Under the proposed rule, the salary threshold would...

Just like VHS tapes became obsolete with the rise of digital formats, paper checks are seen as outdated in the context of workers’ compensation. In Pennsylvania, much like VHS tapes, paper checks...

There is not a constitutionally protected right to political free speech in the private sector workplace. The First Amendment does protect freedom of speech. However, the First Amendment only...

On August 22, 2024, Acting New Jersey Governor Nicholas Scutari signed legislation amending N.J.S.A 34:15-64 to increase the cap on attorney’s fees from 20% to 25% in workers’ compensation claims....

The Appellate Court made a decision in Barrett v. Hackensack University Medical Center , N.J. Super. A-3441-22 (App. Div. 2024) regarding the extent of a compensable accident in workers’...

On April 22, 2024, the Federal Trade Commission (FTC) issued a “Final Rule” proposing to ban non-compete agreements. This Rule, set to go into effect 120 days after it is published in the Federal...

In a recent Pennsylvania decision, the Commonwealth Court has rejected the Bureau of Workers’ Compensation’s long-term use of the “Red Book” for valuing prescription drug prices. This represents a...

The National Labor Relations Board (NLRB) is a federal agency dedicated to the governance of the National Labor Relations Act (the Act). Section 7 of the Act guarantees employees "the right to...

New Jersey worker’s compensation law has a new ruling that affects both employers and petitioners alike. Under the NJ Workers’ Compensation Act, the general rule is that when an employee is...

The ADA Questionnaire is a basic resource employers should utilize to determine if an employee is eligible for protection under the Americans with Disabilities Act (ADA), as amended. This form...

Until 2015, employers in West Virginia were not able to rely upon contributory negligence or comparative fault of the plaintiff as a defense in deliberate intent actions filed under W. Va. Code §...

C&W attorneys William B. Pentecost, Jr. and David M. Olive, as well as Georgetown University Adjunct Lecturer Henry J. Sienkiewicz, co-authored the article entitled “A Collision from Afar:...

The case of Phillip Pantano v. New York Shipping Association arose out of a workplace injury involving plaintiff Pantano who was an employee of Container Services of New Jersey (CSNJ). Pantano was...

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 (Title VII) and its state and local equivalents. Unwelcome sexual advances, requests for...

On Thursday, June 29, 2023, the United States Supreme Court issued a unanimous decision in the matter of Groff v. Dejoy , holding that employers must demonstrate more than a “de minimis hardship”...

On April 10, 2023, New Jersey lawmakers enacted a new bill that imposes several additional requirements on employers in New Jersey under the New Jersey WARN Act. The new amendments arguably make...