Current Issues

Pennsylvania Supreme Court Rules that Under Pennsylvania Law, Time Employees Spend Waiting to Undergo Security Screenings and Undergoing the Security Screening is Compensable

In the case of Heimbach v., Inc. (In re, Inc., Fulfillment Ctr. Fair Labor Stds. Act (FLSA) & Wage & Hour Litig.), 2021 Pa. LEXIS 3047 *; 2021 WL 3059773, the Pennsylvania Supreme Court recently ruled that under the Pennsylvania Minimum Wage Act 43 P.S. §§ 333.101-333.115 (“PMWA”) employers who require employees to … Read more

Federal District Court Judge Denies Motion for Summary Judgment in Premises Liability Personal Injury Case, Finding an Adverse Inference Against Retailer Defendant for Failing to Preserve all Surveillance Footage Requested

In April of 2020, a Federal District Court Judge in the Eastern District of Pennsylvania denied a Motion for Summary Judgment filed by a TJ Maxx franchisee, which argued that the personal injury plaintiff’s claim should be dismissed as there was no evidence that the store had actual or constructive notice of a spilled liquid … Read more

Can Employers Require Employees to Get Vaccinated Against COVID 19?

The Food and Drug Administration (“FDA”) has now recently approved, under an Emergency Use Authorization, a second vaccine for COVID 19. While it is not anticipated that the vaccines will be generally available until the second quarter of 2021, as the vaccines become readily available, as an employer, the question becomes, can I require my … Read more

Pennsylvania Superior Court Finds Insurer is Estopped from Denying Coverage Based on Applicable Policy Exclusion Due to Failure to Timely and Clearly Advise Insured of Possible Coverage Issues

In a two to one decision, the Pennsylvania Superior Court in Selective Way Insurance Co. v. MAK Services, Inc., 2020 PA Super 103 (2020), recently presumed an insured was prejudiced as a result of the insurer’s failure to timely identify an applicable exclusion of coverage. It was apparent the exclusion was applicable when the reservation … Read more