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Hospital Successfully Defends Termination After Nurse Returns From Opioid Abuse Treatment >
December 12, 2018
The Legal Intelligencer
By: Sidney R. Steinberg
While current drug use is not protected under the Americans with Disabilities Act, drug addiction is. Employers often struggle with the legal obligations associated with drug use and distinguishing between current use and past addiction.

Employee Arbitration Agreements in NJ Face New Hurdles >
December 12, 2018
New Jersey state courts have been less favorable to employers than federal courts when it comes to enforcing arbitration agreements. The latest example is the Appellate Division's precedential decision in Flanzman v. Jenny Craig Inc., which invalidated an arbitration agreement for lack of mutual assent because it did not designate an arbitral forum (e.g. the American Arbitration Association or the Judicial Arbitration and Mediation Services) or otherwise provide a forum selection process.

Limited Success in Enforcing Post-Employment Restrictions Against Employees >
November 7, 2018
The Legal Intelligencer
By: Sidney R. Steinberg
While many companies require senior managers and sales employees to sign restrictive covenants, it is unusual for post-employment disputes to reach the stage of litigation. As such, the recent decision in Freedom Medical v. Whitman is noteworthy for the extensive discussion of the law regarding restrictive covenants and protection of employer's trade secrets.

Joint Employment, Compliance and Overtime: A Wage-and-Hour Update >
October 30, 2018
The Legal Intelligencer
By: Andrea M. Kirshenbaum
As secretary Alexander Acosta has settled into his position at the U.S. Department of Labor, employers are seeing several new compliance initiatives. From the creation of the Office of Compliance initiatives, to the six-month extension of the payroll audit independent determination pilot program, to the issuance of multiple new opinion letters and field assistance bulletins, the DOL and its Wage and Hour division have been busy at work.

The Legal and Financial Ramifications of Uninsured Status in Workers' Comp Claims >
October 29, 2018
The Legal Intelligencer's Workers' Compensation Supplement
By: Rebecca L. Dillon
Hiring independent contractors is a growing practice for many businesses, allowing them to take on work larger in scope without all of the associated costs involved in hiring full-time employees - including the expense of workers' compensation insurance. However, the use of independent contractors may also lead to the unforeseen risk for businesses of being deemed an uninsured employer or statutory employer under the Pennsylvania Workers' Compensation Act, which can expose businesses to significant expense and criminal prosecution under the act.

Sixth Circuit Joins Others Holding No Pecuniary Loss Needed for Standing to Sue for Benefits Under ERISA >
October 26, 2018
DRI's The Voice
By: Jeffrey M. Brenner
While Article III standing has always been regarded as a prerequisite for a benefits claim under the Employee Retirement Income Security Act (ERISA), what has not always been clear is whether the “case or controversy” requirement for Article III standing requires the litigant to have suffered pecuniary loss.

Reliance on Credibility Determination Leads to Denial of Summary Judgment >
October 10, 2018
The Legal Intelligencer
By: Sidney R. Steinberg
Many employment terminations result from employers simply believing one employee's version of events over another's. This, in turn, is often nothing more than a credibility determination with which courts are generally reluctant to interfere. This is not always the case, however, as exemplified by a recent E.D. Pa. decision.

Court Sides With Employee in Anti-American Bias Discrimination Case >
September 12, 2018
The Legal Intelligencer
By: Sidney R. Steinberg
National origin discrimination claims typically involve allegations of discrimination based on an employee's non-American country of origin. A recent Eastern District involved the atypical claim of alleged national origin discrimination based on anti-American bias. The court denied the employer's motion for summary judgment seeking to dismiss the plaintiff's claim for national origin discrimination stemming from his termination, as well as his age discrimination and retaliation claims.

Rubbing SALT in a Wound? A Look at the Potential State and Local Tax Implications of Telemedicine >
AHLA Connections
By: James R. Malone, Jr.
This article explores the state and local tax implications of telemedicine for providers. First, it introduces some basic principles that limit the power of states to impose taxes on interstate commerce, with a particular focus on the requirements of nexus and apportionment. Second, it summarizes how those limits are evolving as states seek to adapt their tax systems to a marketplace that is largely driven by internet commerce. Third, it explains what the implications of evolving nexus and apportionment standards are for telemedicine providers.

'Similarly Situated' Analysis Warrants Summary Judgment >
August 8, 2018
The Legal Intelligencer
By: Sidney R. Steinberg
The analysis of whether employees are "similarly situated"often determines the success or failure of an employer's defense to a claim of discrimination. The analysis should extend beyond superficial similarities in order to determine whether an employee can establish that his claim is viable.

The 2018 Steel and Aluminum Tariffs - Do Contractors Have Remedies? >
August 3, 2018
The Legal Intelligencer's Construction Law Supplement
By: Mason Avrigian, Jr. and Jeffrey P. Wallack
The Trump administration's imposition of tariffs on steel and aluminum products entering the United States has been the subject of a great deal of discussion, debate and analysis. For those involved in the construction industry, the tariffs raise direct and immediate legal and business issues. Contractors involved in commercial, industrial and public works construction are often required to furnish and use large quantities of various types of steel products, and the tariffs present substantial uncertainty and monetary risk.

9th Circ. Slone Ruling Considers Basis Of Transferee Liability >
August 1, 2018
By: James R. Malone, Jr.
The Ninth Circuit issued a second opinion on July 24, 2018, in a long-running dispute over transferee liability, ruling that former shareholders of Slone Broadcasting Co. were liable as transferees for its unpaid taxes. The case, Norma L. Slone et al. v. Commissioner of Internal Revenue, merits discussion for two reasons: It illustrates the important role that transferee liability plays in civil tax enforcement and it also illustrates the willingness of courts to focus on substance, not form, in transferee cases.

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