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Workers’ Comp Release Doesn’t Cover FMLA Claims, Says Third Circuit

Overview and Case Analysis On Monday, September 11, 2017, the U.S. Court of Appeals for the Third Circuit held, in a precedent-setting opinion, that a workers’ compensation compromise and release agreement (C&R) did not prevent a former Boscov’s employee from filing claims against its employer for violations of the Family and Medical...

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FLSA Successor Liability – More Than You Bargained For

A common method for business expansion is for one company to acquire another company’s operations and then merge the operations into the acquiring company.  However, even when care is taken to structure such acquisitions to limit or avoid the potential liabilities of the company being acquired, the transaction can result in the purchasing ...

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Wage and Hour/FLSA Update – DOL’s White-Collar Salary Threshold Struck Down (Again)

On August 31, 2017, a federal judge in Texas struck down an Obama-era Department of Labor rule that would have roughly doubled the salary threshold, under which all workers are guaranteed overtime under the Fair Labor Standards Act (“FLSA”), to over $47,000 per year.  In fact, this is the second time that the Eastern District of Texas ha...

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Hurricane Harvey, HIPAA, and Access to Health Information

Hurricane Harvey has been pummeling the Gulf Coast since Monday, with nearly 52 inches of rainfall in parts of Texas. The storm has displaced thousands of people from their homes and has resulted in over 30 reported deaths. Disasters like Hurricane Harvey impose significant challenges on healthcare providers and entities. Emergency rooms are in...

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Back to School, Back to Work – Parental and Family Rights in the Workplace

The end of August marks the beginning of the yearly “back to school” ritual.  Working parents in particular are hoping for a smooth transition, as this is also the time of year when vacations end and workloads tend to pick up.  But as those of us with children know, balancing work and family responsibilities can be anything but predicta...

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Who Determines How to Celebrate Your Life and the Disposition of You When You Die?

An often-overlooked step in the estate planning process is determining how you want the world to celebrate your life and determining your final resting place.  If not addressed, conflict may occur because different loved ones have different opinions.  Continue Reading

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Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

  The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These events, which occurred in the public square and have been widely documented through social media, are unfortunate exam...

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Immigration Visa Update: USCIS Resumes Premium Processing for Cap-Exempt H-1B Visas

In a July 24, 2017 news release, U.S. Citizenship and Immigration Services (“USCIS”) announced an immediate resumption of Premium Processing for certain cap-exempt H-1B (Temporary Worker) Visa petitioners, including: institutions of higher education; nonprofits related to or affiliated with an institution of higher education; or nonprofit...

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Wage and Hour Update: DOL Proposes Changes to FLSA Tip-Pooling Rule

On July 20, 2017, the U.S. Department of Labor (“DOL”) announced that in August it plans to propose rescinding current restrictions on tip-pooling by employers who pay tipped employees the full minimum wage directly.  Under the current rule, tips are considered employee property and cannot be distributed to other workers or retained by t...

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Antidotes for America’s Addiction Crisis

Opioid addiction and abuse has exploded into a national epidemic. Every three weeks, America faces a death toll equivalent to the September 11th attacks due to drug overdoses, 75 percent of which are from opioid use. With more Americans dying each year from drug overdoses than gun violence and car crashes combined, the issue has been catapult...

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