McNees Wallace & Nurick LLC

100 Pine Street PO Box 1166
Harrisburg, PA 17108-1166, United States

  • 717.232.8000
  • 717.237.5300

ADA Claim Brought by Claustrophobic Attorney Allowed to Proceed

When the Americans with Disabilities Act definition of "disability" was expanded by the ADA Amendments Act of 2008, we told you to expect an increase in accommodation requests and disability discrimination claims. Many of you…more
| Civil Rights, Labor & Employment Law

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property, Products Liability

You're fired! Want to continue to work for us as an Independent Contractor?

This post was contributed by Jennifer E. Will, an Attorney in McNees Wallace & Nurick LLC's Labor & Employment Practice Group in Harrisburg, Pennsylvania. If you do, you'll need to sign a release and waive all of your employment…more
| Civil Rights, Labor & Employment Law

Philadelphia Mayor Signs Paid Sick Leave Ordinance

With the signature of Mayor Michael Nutter on February 12, 2015, Philadelphia became the 17th city in the United States to mandate paid sick leave for employees. The law goes into effect in 90 days (May 13, 2015) and applies to…more
| Labor & Employment Law

Workers' Compensation Update: "Economic Circumstances" and "Fellow Employee"

One tool available to employers to limit workers' compensation benefit payments is the so called "fellow employee" limitation. In general, absent a full recovery from a work-related injury, an employer is obligated to pay…more
| Worker’s Compensation

Federal Law Does Not Protect Husband Who Owes More Than $50,000 In Past Due Alimony

In the Pennsylvania Superior Court case Uveges v. Uveges, the Superior Court upheld the trial court's decision to attach the husband's Federal Longshore and Harbor Workers' Compensation Act benefits to pay approximately $57,000…more
| Civil Procedure, Civil Remedies, Family Law, Worker’s Compensation

Superior Court Opens Divorce Matter That Concluded in 2005

In the Pennsylvania Superior Court case Kozel v. Kozel, a trial court's decision to re-open a divorce matter that originally concluded in 2005 was upheld. The trial court opened the divorce matter based on the theory of…more
| Civil Procedure, Family Law

A Game-Changing Misstep for Walmart?

A federal district court recently sanctioned Walmart for "spoliation of evidence" in an employment litigation case. Although Walmart has asked the Court to reconsider its decision or allow it to appeal the decision to the…more
| Civil Rights, Labor & Employment Law

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although the…more
| Alternative Dispute Resolution (ADR), Constitutional Law, Elections & Politics, Labor & Employment Law

New NLRB Determination Makes It Easier For Unions To Organize Faculty At Universities And Colleges

In still another break with long-standing precedent, the National Labor Relations Board (NLRB) has once again eased the way for union organizing – this time for unions seeking to organize faculty at private sector universities…more
| Education, Labor & Employment Law

Is An Injury Sustained by an Employee While Participating in a Workplace Wellness Program Compensable Under the Workers' Compensation Act?

With the new year upon us, chances are that your employees are making those age old resolutions to lose weight, get fit, and exercise more. And, if you sponsor or offer an employee wellness program, your employees might be…more
| Worker’s Compensation

Department Shifts Position on Sourcing of Intangibles

While the Department’s Information Notice focuses primarily on the sourcing of revenues from services, it also addresses the sourcing of receipts from intangibles – in a manner seeming to be directly at odds with previously…more
| Commercial Law & Contracts, Finance & Banking, Intellectual Property, Taxation

PA Rev. Dept. Issues Guidance on Sales Factor Sourcing of Services

Shortly after issuance of our last newsletter in early December, the Pennsylvania Department of Revenue published Information Notice Corporation Taxes 2014-01, providing official guidance on the apportionment changes made by Act…more
| Business Organizations, Taxation

NLRB Re-Issues "Quickie Election" Rule In Continuous Effort to Boost Union Organizing

The National Labor Relations Board (NLRB) is at it again. Unions are already winning close to 70% of NLRB-conducted elections. NLRB elections are already conducted quite promptly, with the median processing time being about 38…more
| Labor & Employment Law

The Obama NLRB Strikes Another Blow on Behalf of Organized Labor: Employees May Use Company E-Mail Systems to Unionize and Engage in Other "Protected Concerted Activities"

Most employers have policies or work rules limiting employee use of Company e-mail systems to "business purposes." Many employers have policies or work rules specifically prohibiting employees from using Company e-mail to…more
| Labor & Employment Law
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