As I wrote last month, the courts around the country are increasingly addressing cases on how to apply various state medical marijuana laws in the employment context, and such cases are likely a foreshadowing of what we can expect in Pennsylvania. A case out of Connecticut this past week, which has a state statute that is in substance identical to Pennsylvania’s Medical Marijuana Act on the issue … [Read more...] about The Law May Have Become a Little Less Hazy on Medical Marijuana and Employees
KingSpry Blog
Impermissible Commingling of Functions By A School Board Raises Constitutional Due Process Concerns
Disciplinary action against a protected employee likely occurs on an almost weekly basis in some schools throughout the state. Though there are small differences in procedures, all such proceedings must incorporate certain basic constitutional protections such as Loudermill hearings. Just recently, the Commonwealth Court had the opportunity to weigh in on the termination of a superintendent, … [Read more...] about Impermissible Commingling of Functions By A School Board Raises Constitutional Due Process Concerns
FDA Directs New York Doctor to Stop Marketing “Three-Parent Baby” Procedure
On August 4, 2017, the U.S. Food and Drug Administration (FDA) reprimanded Dr. John Zhang, CEO Of New Hope Fertility Clinic in New York, for marketing his controversial “three-parent baby” technique. Dr. Zhang’s procedure, still deemed experimental, combines the DNA of three individuals into a single embryo by using a technique called nuclear transfer. Humans carry DNA in two different places: … [Read more...] about FDA Directs New York Doctor to Stop Marketing “Three-Parent Baby” Procedure
Good News, Employers: Pennsylvania’s Commonwealth Court Clarifies Some Flexibility in the Employee/Independent Contractor Distinction
Just this Tuesday, August 1, 2017, the Pennsylvania Commonwealth Court decided that the rigorous elements of the Construction Workplace Misclassification Act (CWMA) could not be applied to the common law determination of whether someone is a contractor or an employee. What is the difference between the CMWA and the common law? The CWMA has a checklist of criteria that must be met for a … [Read more...] about Good News, Employers: Pennsylvania’s Commonwealth Court Clarifies Some Flexibility in the Employee/Independent Contractor Distinction
Wondering What Discrimination Lawsuits Could Cost Your Business? EEOC Announces Bass Pro to Pay $10.5 Million and Enter In Nationwide Agreement
On July 25, 2017, the Equal Employment Opportunity Commission (EEOC) announced that nationwide retailer, Bass Pro Outdoor World, LLC, agreed to pay $10.5 million and provide other relief, including a nationwide agreement addressing hiring and recruitment. How did we get here? On September 21, 2011, the EEOC filed a lawsuit against Bass Pro alleging that Bass Pro engaged in a pattern or practice of … [Read more...] about Wondering What Discrimination Lawsuits Could Cost Your Business? EEOC Announces Bass Pro to Pay $10.5 Million and Enter In Nationwide Agreement
This Just In: The Department of Labor’s Silence on Overtime Finally Breaks (and it Sounds Like Good News!)
As you may recall, the DOL previously issued a Final Overtime Rule that was set to increase the minimum salary threshold for white collar exempt/salaried employees from $455 per week or $23,660 annually to $913 per week or $47,476 annually. On November 22, 2016, a Texas Federal Court judge issued a nationwide preliminary injunction stopping the Department of Labor (DOL) from implementing and … [Read more...] about This Just In: The Department of Labor’s Silence on Overtime Finally Breaks (and it Sounds Like Good News!)
