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Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

Employers have braced themselves for drastic changes as the Trump administration continues to play an active — and controversial — role in reshaping U.S. immigration policy. But behind the scenes in the U.S. Department of Justice’s Immigrant and Employee Rights Section (IER), whose tasks include enforcing the Immigration and Nationality Act ...

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Structuring Unpaid Internships After Wang V. Hearst

The Fair Labor Standards Act mandates the payment of minimum wage and overtime to employees in most U..S workplaces. However, when it comes to unpaid educational internships, the FLSA does not include a helpful definition or standard to determine when an employer is excused from paying wages. In the absence of guidance from Congress, the task has f...

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Same-Sex Partner Not Found a Parent and Not Found In Loco Parentis

With the evolution of same-sex marriage, the concerning issues that existed between same-sex couples in custody matters appeared to dissipate. However, in the recent case of C.G. v. J.H., the issue of standing in a child custody matter between same-sex partners has resurfaced and the result thereof has caused some concern. The recent case of C.G....

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Obermayer's Jeffrey Cadle authors “Hidden Dangers of the Fluctuating Workweek Method”

Obermayer attorney Jeffrey B. Cadle authored the Law360 article “Hidden Dangers of the Fluctuating Workweek Method.” Click here to read the full article. This article first appeared in Law360 on November 20, 2017.

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NLRB and EEOC Update: The Latest in Nominations and Confirmations

While all three branches of the federal government can impact labor and employment law on the national level, most major changes come from two executive branch departments—the Department of Justice (DOJ) and the Department of Labor (DOL)—and two independent agencies—the Equal Employment Opportunity Commission (EEOC) and the National Labor Rel...

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Failure to Disclose and Constructive Trust in Divorce

For many family law practitioners, 23 Pa.C.S. Section 3505(d) is a safety blanket protecting their clients in situations where a party fails to disclose information regarding an asset or assets with a fair market value of $1,000.00 or more which results in that asset or assets being omitted from the final distribution of property in a divorce matte...

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Striking the Right Balance With Your Newfound Authority

As a grade "K-JD," or someone who completed all schooling, from ­finger painting to issue-spotting, with no gaps in between, graduating law school and entering the "real world" required many adjustments. During my post-law school clerkship, it took several months to become acclimated to working a standard business day, every day. After all, higher...

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Child Custody, Relocation, Contempt and Modification

Two of the most talked about ­issues among family law practitioners and the bench are child relocation cases and whether custody orders may be ­modified at contempt hearings. I've written numerous times on these issues. Over the years, there have been multiple cases from the state Superior Court that address these issues. Every so often, a case c...

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Using Computer Savvy to Build Workplace Relationships

The legal profession has long been maligned as resistant to change, and there's truth to that stereotype—at least when it comes to technology. Whether working in government, public interest or private practice, horror stories abound of ­attorneys shackled to outmoded ­applications like Corel WordPerfect and Clinton administration-era editions o...

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Support Order Based on Evidence Outside of Record Vacated

Within the last five years, the issue of evidence outside of the record being considered by the trial court was raised in an appeal from a custody order in CMP v. MP, 54 A.3 950 (Pa. Super. 212)). Recently, the case of Johnson v. Johnson, 153 A.3 318 (Pa. Super. 2016), was decided and the vacating and remanding of the order was based on a similar...

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