C&W Journal

November 09, 2023

COMPARATIVE FAULT: IS THERE A NEW DEFENSE AVAILABLE TO EMPLOYERS IN DELIBERATE INTENT ACTIONS IN WEST VIRGINIA?

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 § 23-4-2. Roberts v. Consolidation Coal Co ., 208 W.Va. 218, 539 S.E.2d 478 (2000). In 2013, the Supreme Court of Appeals clarified that an employer in a...

October 19, 2023

A Collision from Afar: Cybersecurity Meets the Trucking Industry

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:...

October 11, 2023

New Jersey Supreme Court Holds that Multi-Factor Test in...

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...

October 06, 2023

Mandatory Sexual Harassment Prevention Training

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...

July 27, 2023

U.S. Supreme Court Re-examines Standard for Religious Accommodation

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”...

April 11, 2023

New Jersey WARN Act to Require Mandatory Severance Pay

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...

March 22, 2023

Equal Employment Opportunity Policy with Podcast (Anatomy of a...

An article written by Employment Law Partner James F. Devine, Esq. discusses the need for employers to develop a comprehensive Equal Employment Opportunity Policy to communicate zero tolerance for...

February 23, 2023

NLRB Rules Non-Disparagement and Confidentiality Provisions in...

In a significant reversal of past precedent, a divided National Labor Relations Board ruled on February 21, 2023 that severance agreements which contain confidentiality or non-disparagement...

February 17, 2023

New Appeal Board Ruling Signals Post-Lockdown Shift Back Towards In...

In an unexpected Valentine’s Day surprise, the ongoing uncertainty relating to in-person hearings versus virtual hearings may have been clarified by the Pennsylvania Workers’ Compensation Appeal...

February 01, 2023

Medical Marijuana Policy and Podcast (Anatomy of a Handbook Series)

An article written by Employment Law attorney Ryan W. Morris discusses the need for employers to develop a Medical Marijuana Policy. A podcast discussing how to develop a Medical Marijuana Policy...

January 24, 2023

Overtime May Cost More in 2023

The Fair Labor Standards Act (FLSA) establishes a threshold for calculation of overtime eligibility. From 2004 until 2020, that salary threshold was $23,600 ($455 per week). In January 2020, the...

January 18, 2023

New Jersey Workers’ Compensation Legal Update: Appellate Division...

In Garzon v. Morris County Golf Club , A-1100-21 (App. Div. December 23, 2022), the Appellate Division of New Jersey held that a Petitioner’s attorney’s counsel fee should not automatically be set...

January 12, 2023

Proposed Rule Seeks to Abolish Non-Compete Agreements

“Non-competes block workers from freely switching jobs, depriving them of higher wages and better working conditions.” So says Lina M. Khan, Chair of the Federal Trade Commission (FTC). On January...

November 08, 2022

Remote, Flexible and Hybrid Workplace: Current EEOC Guidance on a...

One of the lingering effects of COVID-19 is the changed landscape in many workplaces. During the height of the pandemic, businesses in certain industries, either voluntarily or involuntarily,...

November 02, 2022

Third Circuit Affirms State Farm's Win in UIM Coverage Dispute

In a case of significant importance to the insurance industry, the United States Court of Appeals for the Third Circuit has concluded that Pennsylvania's Motor Vehicle Financial Responsibility Law...

October 05, 2022

SAFETY POLICIES AND PROGRAMS with PODCAST (Anatomy of a Handbook...

An article written by Employment Law Partner Ryan J. Murphy, Esq. discusses the need for employers to develop a deliberate safety policy and program to protect its workers and prevent injuries. A...

September 28, 2022

OSHA Launches New Initiative for Warehousing, Storage, and...

The Occupational Safety and Health Administration (OSHA) recently launched a new five-year regional initiative to address workplace injuries occurring in warehouses and other storage facilities in...

September 07, 2022

DISCIPLINE AND DISCHARGE POLICY with PODCAST (Anatomy of a Handbook...

An article written by Employment Law Partner James F. Devine, Esq. discussing the challenges of labor and employee regulations that includes the pursuit of employment rights vs. employers for...

August 30, 2022

Changes to Medical Malpractice Venue Rules in Pennsylvania

On August 25, 2022, the Pennsylvania Supreme Court eliminated a venue exception for medical malpractice actions filed in the Commonwealth. The rule requiring that medical professional liability...

August 18, 2022

AMERICANS WITH DISABILITIES ACT POLICY with PODCAST (Anatomy of a...

An article written by Employment Law Partner James F. Devine, Esq. discussing the Americans with Disabilities Act (ADA) since its adoption in 1990 and how employers who wish to avoid...

August 15, 2022

Anatomy of a Handbook

While there is no law that specifically requires an employer to have a Handbook, we recommend that most employers adopt and publish one that meets their legitimate business interests and...

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