Posted in Workers' Compensation
A recent potential client called our office wondering why the workers’ compensation carrier for her employer had denied her claim for workers’ compensation benefits on the basis that she had already left her place of employment when she slipped and fell on ice. She had clocked out for the day, walked out the front door of work, and was still on the walkway out to the parking lot when she fell. Continue reading
Posted in Probate Litigation
Often times, attorneys may be bombarded by family members or relatives with requests to provide free legal services which a family member or relative may request. One typical request might be that a family member may request if the attorney could draft a Will for them. While this may seem like a simple and good idea, it is one that could have disastrous consequences which could lead to future Estate Litigation. Continue reading
Posted in Personal Injury
I live and work in Pennsylvania, but I got hurt in New Jersey. Which state should be providing me with my workers’ compensation benefits? Workers’ compensation benefits are state specific. Pennsylvania is a wage loss state and New Jersey is a disability based state. Therefore, the benefits you are entitled on one side of the Delaware River are much different than the other side. Continue reading
Posted in Business & Commercial Law
In a prior post, the Restricted Brewery License was reviewed. This license permits the operation of a “brew pub” on the licensed premises. In this respect, the brew pub may supply malt alcoholic beverages that it brews on premises for consumption in an adjoining restaurant that is operated regularly and principally for the purpose of providing meals to its customers and having kitchen and dining facilities. As previously discussed, the holder of a Restricted Brewery License may only produce up to 10,000 barrels for on-premises consumption or sale to licensed wholesalers, and this license may only be granted to a party that also owns a Plenary Retail Consumption License that is operated in conjunction with the above-referenced restaurant. Continue reading
Posted in Business & Commercial Law
In the world of family law, few problems compare to a person’s failure to receive court-ordered alimony and/or child support on a regular, recurring basis. The enforcement and collection of support arrears can be difficult, expensive and time consuming. One overlooked remedy is to tap a non-custodial parent’s retirement plan for unpaid support. The technical term is a Qualified Domestic Relations Order or QDRO. Such QDROs apply to both Defined Benefit Plans (traditional pensions) and Defined Contribution Plans (401-K Plans and the like). Even if the non-custodial parent has lost his or her job, a QDRO remains available for support collection purposes. At the same time, since every Plan is different, a court cannot instruct the Plan Administrator as to when or how to make a support distribution (for example, under some Plans a lump sum distribution is prohibited). Continue reading
Posted in Personal Injury
What is the difference between being an employee or an independent contractor for workers’ compensation purposes? Actually there is a very big difference because a true independent contractor is NOT entitled to workers’ compensation benefits. In general, an employer retains the right to control the work that employees perform during the course of their work day. An independent contractor is generally responsible to control his or her own work, and the person who hires them to do a service has no control over the way the job is performed. Continue reading
Posted in Beer & Spirits
Hotel patrons are paying for a luxurious experience away from home and are expecting convenience at all times. Part of this expected convenience is the ability to purchase alcohol at one or more locations on premises, including the hotel’s bar or restaurant, or in their own room. Which brings me to my first, and most important point, you need to understand the limitations of your Hotel Liquor License (H License). Continue reading
Posted in Employment Law
In recent news, the National Football League has proposed a new rule that would establish a yardage penalty for any on-field use of the “N-word.” The proposed rule has stirred up much debate: some legal, some cultural, some editorial, all polemical. It is not the purpose of this blog to step foot onto that gridiron of controversy, though a simple threshold question might be whether the use of the “N-word” on the playing field constitutes protected speech. Nor is it the purpose of this blog to evaluate whether Roger Goodell can impose such a rule in his “workplace.” Rather, the NFL’s proposal provides an opportunity to examine a private sector employer’s right to regulate speech in the workplace. Continue reading
Posted in Business & Commercial Law
Section 510 of the Employment Retirement Income Security Act (ERISA) prohibits employers from intentionally interfering with employee benefits, such as by discharging an employee to prevent his or her pension benefits from vesting. Specifically, Section 510 provides in part: Continue reading
Posted in Business & Commercial Law
In today’s technology dependent culture, the use of mobile devices without regard to time or place is a growing phenomenon. Certainly, the digital age has changed the way a large majority of employers conduct business with unmistakable benefits. However, a savvy employer knows that benefits rarely come without some element of risk, and risk reduction is of paramount importance when it comes to sound business management. Achieving a healthy balance between reaping the benefits of technological advancements while curtailing their use to reduce potential liability is not an easy task, but it is absolutely essential. Preparation is the most prudent course of action for today’s employer. Continue reading
