Category Archives: Labor and Employment

Worked to Death? Family of Deceased Nurse Sues Employer

In the 24/7 healthcare world, it is not uncommon for nurses and other health care professionals to work long hours and overnight shifts. In a recent case in Ohio, a family of a deceased 38 year old nurse is suing The Jewish Hospital of Cincinnati where she used to work as a nurse in the bone marrow unit. A year ago, the nurse lost control of her vehicle driving home after completing a 12 hour shift at the hospital and passed away.  The hospital and…

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Distracted Driving Poses Risks Not Only For Those On The Road

A recent study published in the New England Journal of Medicine highlights the risks associated with distracted driving and the differences in how adults and teenagers handle distractions differently. The study found that the risk of crash or near-crash among novice drivers (16.3-17 yrs. of age) increased significantly if they were dialing a cell phone, reaching for a cell phone, sending or receiving text messages, reaching for some other object, looking at a roadside object, or eating. The prevalence of distracted driving increased over time…

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It’s A Contract of Adhesion if You Need to Sign it in Order to Work?

The Pennsylvania Supreme Court recently declined to hear an appeal from an $8 million jury verdict in favor of injured plaintiffs. An Allegheny County jury attributed liability to Consol Energy in a personal injury suit brought by two workers who were injured as a result of corroded bolts that failed and caused a metal staircase to collapse. One interesting part of this case was an agreement that one of the injured workers signed prior to the collapse. That agreement released Consol of all liability. The…

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No Free Labor: Interns May Qualify As Employees Under Fair Labor Standards Act

Just because your summer intern does not expect to get paid does not mean that they may not be subject to wage-hour laws.  A recent decision in the United States District Court for the Southern District of New York held that interns, despite not having an expectation of getting paid, may be classified as employees under the Fair Labor Standards Act (“FLSA”). In Glatt, et al v. Fox Searchlight Pictures, Inc., U.S. District Court Judge William H. Pauley III granted a motion for summary judgment…

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EEOC Files GINA Class Action against New York Skilled Nursing Home Operator

The Equal Employment Opportunity Commission (“EEOC”) recently filed a class action against The Founders Pavilion, Inc, a skilled nursing and rehabilitation center in Corning, New York, pursuant to the Genetic Information Non-Discrimination Act of 2008 (“GINA”).  This law prohibits employers from using genetic information of an employee or their family members in employment and health insurance decisions.  For example, employers cannot deny coverage to healthy individuals or charge higher premiums due solely to the fact that the individual is genetically predisposed to a…

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New York State Labor Law Decision Reaffirms Need for Property Owners to Protect Themselves through Insurance and Contracts

A recent decision in the Supreme Court of the State of New York, New York County, has affirmed that in the State of New York, the owner of a piece of property is responsible for the safety of construction workers there, regardless of how removed the owner is from the actual work being performed.  The suit, In Re 91st Street Crane Collapse Litigation: Xhevahire Sinanaj and Selvi Sinanovic v. The City of New York et al., Supreme Court of the State of New…

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