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...

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...

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...

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...

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...

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...

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...

“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...

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,...

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...

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...

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...

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...

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...

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...