“No Poach Approach”? Hostility Toward No-Hiring Provisions Continues To Grow
5/26/21
By: Justin Boron
Businesses should be wary of entering anti-poaching provisions with their competitors.
If there wasn’t enough evidence that these provisions create legal risk, a Pennsylvania Supreme Court decision at the end of April should finally pique the concern …
Sudden Emergency Defense- Suddenly disappears in Pennsylvania?
1/7/21
By: Josh Ferguson
The Pennsylvania Supreme Court recently issued an opinion that appears to limit, if not eliminate, the sudden emergency defense in motor vehicle accident claims. Graham v. Check, No. 42 WAP 2019 (Pa. Dec. 22, 2020).
In that matter, …
Pennsylvania Opens Flood Gates to Unlimited Video Footage Discovery Requests
8/28/20
By: Erin Lamb
The Pennsylvania Supreme Court declined to review a Superior Court opinion issued in the case of Marshall v. Brown’s IA, LLC, that found that Plaintiff was entitled to a new trial in a case where the trial …
PA Supreme Court Elevates State Pay Standards Above the FLSA on Fluctuating Work Week
2/12/20
By: Justin Boron
Going forward, Pennsylvania employers should be wary of relying on federal rules for their pay policies.
As a general principle, courts and regulators interpret Pennsylvania’s wage and hour laws consistently with the Fair Labor Standards Act. But …