Employment Law

Legal Bytes

Civil Procedure

Damages limited under Pa.R.C.P. 1311.1 do not include attorney’s fees added after verdict, Grimm v. Universal Medical Services, Inc., et al, March 1, 2017

Criminal Law

Vehicle Code mandatory 5 year sentence for DUI, second offense, not required; Court can use discretion under Sentencing Code, Comm. v. Watson, March 8, 2017

Commonwealth exercised due […]

Legal Bytes

Civil Procedure

Damages limited under Pa.R.C.P. 1311.1 do not include attorney’s fees added after verdict, Grimm v. Universal Medical Services, Inc., et al, March 1, 2017

Criminal Law

Sentence for recidivist retail theft cannot use facts underlying NY conviction for petit larceny to show statutes are similar,  Comm. v. Vandyke, March 1, 2017

Changes to Pa.R.E. […]

Medical Marijuana: What Is an Employer to Do?

Pennsylvania’s Medical Marijuana Act (“Act”), 35 P.S. § 10231.101, et seq., which makes the use, possession, and distribution of medical marijuana lawful in the Commonwealth, went into effect on May 17, 2016.

By | November 2nd, 2016|Categories: Employment Law|Tags: , , , |Comments Off on Medical Marijuana: What Is an Employer to Do?

Pennsylvania Transgender Employees and the Law

Are transgender Pennsylvanians protected from employment discrimination?

By | October 19th, 2016|Categories: Employment Law|Tags: , |Comments Off on Pennsylvania Transgender Employees and the Law

The New Overtime Rules: Ready or Maybe Not

On December 1, 2016, the new salary requirements for exemptions pursuant to the Fair Labor Standards Act, 29 U.S.C. §213(a)(1), which exempts bona fide executives, administrative personnel, professionals and outside sales employees from the minimum wage, overtime and record keeping provisions of the Act become effective.

By | October 5th, 2016|Categories: Employment Law|Tags: , , |Comments Off on The New Overtime Rules: Ready or Maybe Not

Employment Practice: Pennsylvania’s Personnel Files Act is Under Review

On August 2, 2016, the Pennsylvania Supreme Court granted a Petition for Allowance of Appeal in order to decide whether Pennsylvania’s Personnel Files Act (“Act”) permits a former employee to review his or her personnel file.

By | August 12th, 2016|Categories: Employment Law|Tags: |Comments Off on Employment Practice: Pennsylvania’s Personnel Files Act is Under Review

School Police Officer Barred from Obtaining Private Detective License

A school police officer who exercises law enforcement powers cannot possess a private detective license, the Pennsylvania Superior Court ruled in In re Clader.

Civil Service Applicant’s Attendance at West Point Constituted “Active Duty” Service for Veteran’s Preference

An applicant for civil service employment who attended but did not graduate from a military academy still qualified for a veteran’s preference, the Pennsylvania Commonwealth Court held in Blake v. State Civil Service Commission.

By | March 9th, 2016|Categories: Employment Law|Tags: , , , , , , , , , , , , , , |Comments Off on Civil Service Applicant’s Attendance at West Point Constituted “Active Duty” Service for Veteran’s Preference

Supreme Court Continues to Disfavor Non-Compete Covenants Unsupported by Consideration

An agreement containing a non-compete covenant executed during employment can be challenged for lack of consideration even though the parties intended to be legally bound pursuant to the Uniform Written Obligations Act (UWOA), the Pennsylvania Supreme Court held in Socko v. Mid-Atlantic Systems of CPA, Inc.

By | December 9th, 2015|Categories: Employment Law, Labor Law|Tags: , , , , , , , , , , , , |Comments Off on Supreme Court Continues to Disfavor Non-Compete Covenants Unsupported by Consideration

Suspended Attorney can Represent Party in Unemployment Hearing

An attorney suspended from the practice of law could serve as the claimant’s representative at an unemployment referee’s hearing, the Pennsylvania Commonwealth Court decided in Powell v. Unemployment Compensation Bd. of Review