Latest Articles

Uber drivers are “independent contractors” and not “employees” under the National Labor Relations Act (“NLRA”), according to an Advice Memorandum issued on May 14, 2019, by the Office of the General Counsel (“OGC”) of the National Labor Relations Board (“NLRB”).  Acknowledging the virtually unfettered control Uber drivers’ have over their cars, work schedules, and log-in locations, as well as their freedom to work for Uber’s competitors, the OGC determined that such autonomy provides the drivers…
Construction contracts often contain agreements requiring mediation before a party may file a lawsuit.  However, a party may not want to wait through the mediation process and instead may prefer to go straight to a lawsuit.  Given that mediation is not binding and does not guarantee a resolution, can a party ignore a contractual agreement to mediate and instead go right to litigation?  A recent Kentucky federal court decision said no, a party cannot ignore…
Construction contracts often contain agreements requiring mediation before a party may file a lawsuit.  However, a party may not want to wait through the mediation process and instead may prefer to go straight to a lawsuit.  Given that mediation is not binding and does not guarantee a resolution, can a party ignore a contractual agreement to mediate and instead go right to litigation?  A recent Kentucky federal court decision said no, a party cannot ignore…
Construction contracts often contain agreements requiring mediation before a party may file a lawsuit.  However, a party may not want to wait through the mediation process and instead may prefer to go straight to a lawsuit.  Given that mediation is not binding and does not guarantee a resolution, can a party ignore a contractual agreement to mediate and instead go right to litigation?  A recent Kentucky federal court decision said no, a party cannot ignore…
A federal judge in the Eastern District of Pennsylvania dismissed a lawsuit last week where a former employee alleged that she was fired because she was a lesbian, in violation of Title VII of the Civil Rights Act. The judge dismissed the case by upholding Third Circuit precedent (to which Pennsylvania federal courts are bound) from 2001 holding that Title VII does not protect employees because of their sexual orientation. The case is Doe v.…
A federal judge in the Eastern District of Pennsylvania dismissed a lawsuit last week where a former employee alleged that she was fired because she was a lesbian, in violation of Title VII of the Civil Rights Act. The judge dismissed the case by upholding Third Circuit precedent (to which Pennsylvania federal courts are bound) from 2001 holding that Title VII does not protect employees because of their sexual orientation. The case is Doe v.…
On April 9, 2019, the New York City Council approved a bill which will prohibit employers from testing prospective employees for marijuana in a pre-employment drug test. While there are exceptions in the bill for safety sensitive positions and other specific types of employment, this bill demonstrates a change in pre-employment drug testing in New York City and employers should take note. The bill is expected to be signed into law by Mayor DeBlasio imminently. …
Saul Ewing Blogs | Western District of Pennsylvania Denies Cross-Motions for Summary Judgment Where Disputed Facts Exist on Claims of a “Low-Ball” Initial Settlement Offer and Unreasonable Delay in Tendering Policy Limits X Search our Site Suggested Links…
The more articles and blogs I write about planning for retirement, the more advice I get from people who have retired or are in the planning stages. Since the concept of retirement is still a mystery for many, I thought I would pass along some advice I have received: 1. Health maintenance. There is probably nothing more important than preserving your health in retirement as long as you can. Visit your doctor(s) on a regular…
FDA Update: Agency Seeks to Strengthen Public Warning and Notification of Recalls, Exercises FSMA Enforcement Discretion Within the past few weeks, the U.S. Food and Drug Administration (FDA or the Agency) has, among other things: Issued a Draft Guidance to strengthen public warning and notification of recalls of foods, drugs, medical devices, and cosmetics (Recall Draft Guidance); and Released a Guidance outlining key areas where the Agency intends to exercise enforcement discretion in four of…