Gina McAndrew

Gina McAndrew

McNees Wallace & Nurick LLC

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OSHA Announces Major Focus on Healthcare Industry

In late June, the Occupational Safety & Health Administration (OSHA) announced a major initiative that will intensify and expand the agency’s enforcement resources in the healthcare industry, with a focus on several common...more

7/9/2015 - Healthcare Hospitals Nursing Homes OSHA Safety Inspections Workplace Injury

Substantial and Unilateral Changes Enough to Establish Good Cause To Quit

In another unemployment compensation case, the Commonwealth Court held that a substantial and unilateral change to a claimant’s pay and performance goals was enough to meet the burden of a necessitous and compelling cause to...more

7/8/2015

Workers’ Compensation Act Applies to UC Claims

In a case of first impression, the Pennsylvania Commonwealth Court recently issued an opinion examining the standards applicable to a claimant’s behavior when the claimant is receiving workers’ compensation benefits and has...more

7/7/2015 - Traumatic Brain Injuries Workplace Injury

Can a Fragrance Allergy Lead to an ADA or FMLA Claim?

No, we’re not talking about the skit performed by the McNees Players at our recent Labor and Employment Seminar. In a recent case, an employee alleged that she suffered from a fragrance allergy and “multiple chemical...more

6/22/2015 - ADA Anti-Retaliation Provisions FMLA Hiring & Firing Reasonable Accommodation Summary Judgment Wrongful Termination

Court Finds in Favor of Employer in Boss-Related Stress Case

In a recent case out of California, a state appellate court found that an employee’s inability to work for a particular supervisor due to boss-related stress and anxiety did not constitute a disability under state law. The...more

6/11/2015 - Disability Discrimination Disability Leave Harassment Hiring & Firing Wrongful Termination

What’s In Your Employee Personnel Files?

All employers should be aware of the specific laws and regulations pertaining to employee personnel files. Pursuant to the Pennsylvania Personnel File Act, medical information should not be included in an employee’s personnel...more

6/4/2015 - Best Management Practices Employer Liability Issues FMLA Human Resources Professionals Medical Records Personnel Records

Former Employee Not Entitled to Compensation for Unused Vacation Time

Many employers offer paid vacation time as a benefit to their employees. There is no Pennsylvania law requiring the payout of unused paid leave time, such as vacation; instead, this is governed by the employer’s policy or...more

6/2/2015 - Best Management Practices Employment Policies Former Employee Vacation Pay Wage and Hour

New Jersey’s Ban the Box Law Goes Into Effect

On March 1, 2015, New Jersey’s Opportunity to Compete Act (also known as “Ban the Box”) went into effect. The Act applies to employers with 15 or more employees over 20 calendar weeks that do business, employ people, or take...more

4/22/2015 - Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants New Legislation

PLRB Issues Controversial Ruling on Volunteer Fire Companies

Recently, the Pennsylvania Labor Relations Board (PLRB) issued a Final Order indicating that members of a volunteer fire company which provided coverage to a local borough were actually Borough employees.   In doing so...more

4/9/2015 - Employee Definition Firemen Municipalities Volunteers Wage and Hour

Case Update: Families of Factory Workers Awarded Punitive Damages to the Tune of Almost $40 Million

A few weeks ago, we told you about a jury awarding over eight million dollars to the families of two factory workers who were killed by a co-worker in 2010. As it turns out, that award was just the beginning. Last week, a...more

4/8/2015 - Employer Liability Issues Jury Awards Manufacturers Punitive Damages Wrongful Death

Jury Awards Families of Murdered Employees Over $8 Million

Recently, a Philadelphia jury awarded over $8 million dollars to the families of two factory workers killed by a co-worker in 2010. Concerns about the employee had been reported in the past, and she was suspended the day she...more

3/18/2015 - Employer Liability Issues Jury Awards Workplace Violence Wrongful Death

Mailing FMLA Notices to Employees? Not So Fast

Recently, the United States Court of Appeals for the Third Circuit issued an opinion analyzing the so-called "mailbox rule" in a case which centered on the receipt of an FMLA notice. In Lupyan v. Corinthian Colleges, Inc.,...more

8/14/2014 - Employee Rights Employer Liability Issues FMLA Mailbox Rule

U.S. Supreme Court Finds Sworn Testimony Outside Scope of Regular Job Duties Entitled to First Amendment Protection

While the labor and employment law world is abuzz after the decisions in Burwell v. Hobby Lobby and Harris v. Quinn (cases this Blog will cover in the coming days), the United States Supreme Court also issued a decision...more

7/2/2014 - Burwell v Hobby Lobby First Amendment Harris v Quinn Lane v Franks et.al Protected Activity Public Employees Retaliation SCOTUS Subpoenas Testimony Trials

Pennsylvania Supreme Court To Consider When a Public Sector-Related Entity May Subcontract Bargaining Unit Work to Private Sector...

In a case which will interest public and private sector employers alike, American Federation of State, County and Municipal Employees, District Council 87 v. Pa. Labor Relations Bd., the Pennsylvania Supreme Court is poised...more

6/11/2014

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