Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. 2026-05-18T06:17:05Z https://www.summersmcdonnell.com/feed/atom/ WordPress /wp-content/uploads/sites/1503409/2021/01/cropped-summers-512x512-1-32x32.jpg On Behalf of Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. <![CDATA[How to reduce the risk of an overtime dispute with your employees]]> https://www.summersmcdonnell.com/?p=48631 2023-01-04T19:41:47Z 2023-01-04T19:41:47Z Maintain accurate employee records You need information and evidence on your side to defend yourself during a dispute. When accused of incorrectly paying an employee for overtime, the best resource is an easily-accessible timekeeping record. If your business does not already use an electronic timekeeping solution, the investment might be worthwhile.

Stay updated on policies

As a business owner, it is in your best interest to stay abreast of any changes in employment policies and procedures relevant to your industry. This includes any changes surrounding the Fair Labor Standards Act. It is also a good practice to regularly audit your own internal policies, procedures and other company records to ensure that there are no documents that might allow for unfavorable legal action against you. When an employee feels that their amount of time worked warrants overtime pay, it is crucial that you have the records and policy documents readily available to prove your case. If the dispute persists, it may be necessary to take preemptive measures in pursuing legal action.]]> On Behalf of Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. <![CDATA[Tips to help prevent workers’ compensation claims]]> https://www.summersmcdonnell.com/?p=48511 2022-10-10T16:00:02Z 2022-10-10T16:00:02Z Understanding workers' compensation Workers’ compensation serves an important purpose, allowing employees who are injured while working to receive compensation. The most common forms of compensation are for lost wages and medical expenses. While sometimes a workplace accident is completely unavoidable, there are many things you can do as an employer to reduce the chance of a workers’ compensation claim by an employee. Taking the time and effort to do these things now can save you the additional cost, time and stress if a worker’s compensation claim is filed against you in the future.

Invest in training programs

Proper training is one of the best things you can do to reduce the chance of an accident. Take the time to thoroughly train all new employees on each of their daily tasks, emphasizing the safe and proper way to do things. Remember that some employees may need more or different types of training than others. Some may start already trained on things such as the proper way to lift heavy objects, while some may have no idea. Tailor the training to each employee. Have regular, ongoing training sessions for all employees. Use these sessions to remind employees of the proper ways to do things and safety protocol.

Have a written safety plan

Create a safety team, ideally a mix of employees and management. The safety team should thoroughly inspect each worksite and take note of any risks of safety hazards. You may even want to consider using a professional risk manager for this task. Once you have properly assessed all safety risks, put together a written safety plan. Your safety plan should be detailed and can include information on exactly which safety protocols should be followed and how to report an accident if one occurs. Include the Occupational Safety and Health Administration requirements in your safety plan. Do this assessment regularly and update your safety plan as necessary.

Create a culture focused on safety

Finally, cultivate and maintain a culture that focuses on safety first. A good way to do this is to encourage employees to speak up if they believe something they are doing is unsafe. If they do come to you expressing concerns over safety issues, do not dismiss them or minimize their issues. Listen to them and take appropriate action. Defending against a workers’ compensation claim can cost you a high amount of time and money, as well as potentially ruin your reputation as an employer. No matter how much you try to create a safe workplace environment, you could find yourself having to litigate a workers’ compensation claim. Fortunately, there are experienced employment attorneys who can help.]]> On Behalf of Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. <![CDATA[Protecting against construction defects claims]]> https://www.summersmcdonnell.com/?p=48470 2022-07-15T19:03:02Z 2022-07-08T18:56:13Z guard against construction defects claims and defend themselves against them when needed.

Protection checklist

There are some steps you can take to help avoid construction defects claims. To begin with, you should make sure you are as protected as possible in your contract. Review the contract and ensure that accountability for various aspects of the project are properly assigned. It is important to clarify legal and financial responsibilities and to confirm all stakeholders in the project are contractually responsible. In addition, it is important to understand your liability protections and to address any coverage gaps and claims-related costs. Maintaining a strong quality control program early on that is followed is also important. All parties should be involved in the quality control plan and pre-construction meetings should be regularly held to discuss details of the project when potential problems may be addressed early on. All of these steps should also be thoroughly documented. Ensuring your contract is properly negotiated and executed to begin with and that you have a documented quality-control program in place can help if the need to develop defense strategies arises later on in the context of litigation.

Construction defects claims are common

A study revealed that 75% of those engaged in the construction industry reported being involved in a construction defects claim or dispute in the preceding five years. Construction defects claims are the most common and can arise in a variety of situations which is why it is important to be familiar with how construction law resources can help you and may be able to offer critical defense protections based on the unique nature of your dispute.]]> On Behalf of Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. <![CDATA[How employers can fight allegations of age discrimination]]> https://www.summersmcdonnell.com/?p=48422 2022-04-08T11:58:49Z 2022-04-08T11:58:49Z Understanding age discrimination and what it entails The U.S. Equal Employment Opportunity Commission (EEOC) details what constitutes age discrimination and harassment. According to the EEOC, a person who was treated unfavorably when compared to a younger employee or prospective employee might have been discriminated against due to their age. With the Age Discrimination in Employment Act (ADEA), people age 40 and above are shielded from age discrimination. People cannot be discriminated against based solely on their age when they are hired, terminated, paid, given assignments, promoted, laid off, trained, granted benefits or with any other area of employment. It is also illegal to harass an employee due to their age. Negative comments about their age can rise to the level of harassment. People might take innocent teasing as a justification to file an age discrimination lawsuit. However, this generally does not qualify if it does not go beyond a certain level or is not ongoing and negatively impact the person’s job. Anyone can be accused of committing age discrimination and it could lead to a claim against the employer. This includes owners, supervisors, colleagues and even non-employees. Workplace policies must also adhere to the law and not extend to age discrimination. When employers are said to have mistreated workers in any way, there is a natural reaction on the part of the public to take the worker’s side. This can not only lead to a negative perception of the employer and hinder its reputation, but it can damage it – perhaps beyond repair. If, for example, the job was one that required great physical strength that someone younger had and someone older did not, then their capabilities to do the job were the deciding factor. They were not discriminated against due to their age. If there is a job that mandates a person be up to date and ready to go from day one with new technology, then a younger person might be better qualified.

Strategies employers can use to avoid age discrimination

For employers, it is preferable to avoid these allegations altogether to have policies in place to prevent them. Research suggests there are ways to ensure that all workers are comfortable and less likely to lodge complaints about age discrimination if certain steps are taken. Some studies say that companies are better-served to train and keep older employees who have shown loyalty and competence than it is to hire younger people. It is, of course, inevitable that there will be differences in people who are in separate age ranges. Employers might want to try and have policies such as zero tolerance for even light teasing like the comment “Ok, Boomer” and references to a person’s status as a longtime employee. Striving for fairness and employment decisions based on the work a person does and can do rather than their age is also advisable. These recommendations can also be effective when recognizing when age discrimination has or has not taken place. That might be a key part of a defense.

When accused of age discrimination, employers must protect themselves

Employers have rights just as employees do. That includes forging a strong defense based on employment law to blunt the claim. For an effective defense, it is vital to have guidance that understands these cases from the perspective of the employer. From the outset, it is wise to have assistance to scrutinize the case and plan how to defend against the charges.  ]]> On Behalf of Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. <![CDATA[Employers may be self-insured if they meet requirements]]> https://www.summersmcdonnell.com/?p=48400 2022-12-30T23:19:17Z 2022-01-07T15:27:43Z Requirements for self-insured status To be eligible for self-insured status, employers need to show they are financially able to pay all benefits they may be responsible for under the Workers’ Compensation Act and that they have an adequate program for the prevention of accidents and illnesses. A self-insured employer must also post security that covers its liability. A self-insured employer must also purchase enough insurance to protect it and workers in the event of a large claim or catastrophe. Finally, self-insured employers must provide a means for the proper adjustment and administration of potential claims.

Factors considered to be self-insured

The Bureau of Workers’ Compensation will consider several factors when determining whether an employer is financially able to be self-insured. First, the bureau will consider whether the employer is financially able to easily liquidate funds necessary to cover the liabilities it may face. This includes examining the employer’s liquid assets, whether they could be exposed to significant losses and whether the employer has an excess in insurance protection. In addition, the employer must be able to prove that its current long-term financial health and solvency shows it would be able to liquidate in the future as a self-insurer should they face liability. The bureau will examine audited financial statements and other information demonstrating the employer’s financial health.

Security posted

One requirement for being a self-insured employer is to post security. The security must be as much or more than the employer’s outstanding liability for workers’ comp plus an additional amount determined by a bureau calculated formula.

Some employers can be self-insured

As this shows, if an employer is lawfully self-insured, a claim brought by an employee stating the employer is uninsured is baseless. If an employer meets all requirements, they can be self-insured rather than carrying a separate workers’ compensation policy.]]> On Behalf of Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. <![CDATA[Who qualifies for the FMLA?]]> https://www.summersmcdonnell.com/?p=48332 2021-10-29T19:40:15Z 2021-10-08T19:33:18Z
As an employer, you want your employees to show up, do the job, and protect the interests of your business. After all, it is a mutually beneficial arrangement: you provide the work, the pay and the benefits they need to live, and they provide the services you need to keep the company up and running. The 1993 Family Medical Leave Act (FMLA) ensures that employees who are facing medical or mental issues are able to get the care they need to stay employed and to remain productive on the job. But not every employee is eligible and not every employer is required to provide leave under the FMLA.

When is an employer required to follow the FMLA?

The FMLA applies to all public employers and public and private elementary or secondary schools. It also applies to private employers who:
  • Have 50 or more employees.
  • Have employees who work 20 or more workweeks in either the current or preceding calendar year.
  • Have a business that is jointly owned or has a successor owner.
The rules as to who is eligible to take time off under the FMLA and which employers are required to provide leave can mean that some seasonal employers will not have to provide these benefits to workers.

Which employees are covered?

Airline employees have specific eligibility requirements. Otherwise, to be eligible for FMLA time off, an employee must:
  1. Work for a covered employer, have been on the job for at least 12 months, and have worked at least 1,250 hours in the rolling 12-month calendar year before the FMLA leave begins. If a workday is eight hours, this is equal to roughly 156 workdays. This typically works out to be close to eight months on a full-time job.
  2. Work at a location that has at least 50 employees within 75 miles of it.
The most common reasons employees will take FMLA time is when they give birth to, adopt, or foster a child or children. Workers also take time off to care for a family member with a serious health condition or to seek treatment for their own serious health condition.

What can an employer not do while an employee is out on FMLA leave?

As an employer, you are prohibited from requiring an employee to perform any work duties while they are taking FLMA time. You also cannot fire, discipline or otherwise penalize the employee during their FMLA-covered leave period. If the employee's health situation is serious, you can, as their employer, only contact health care providers to "authenticate or clarify recertification." Importantly, though, you cannot require any other medical opinions, as per section 825.100 of the 1993 FMLA.
If an employee is dishonest or fraudulent about their need for FMLA, they may be abusing it. In such cases, consult an employment law attorney, as you may be well within your rights to terminate the worker.
]]> by katiekessler <![CDATA[Summers McDonnell Congratulates Four of Our Attorneys Recognized as 2021 Super Lawyers]]> https://www.summersmcdonnell.com/?p=48326 2021-10-01T15:03:11Z 2021-10-01T15:03:11Z ]]> by katiekessler <![CDATA[Thomas McDonnell has been named a Top 50 Pittsburgh Super Lawyer for 2021]]> https://www.summersmcdonnell.com/?p=48296 2021-07-20T13:26:56Z 2021-07-20T13:26:21Z Thomas McDonnell’s practice encompasses numerous areas of civil litigation, maintaining an active trial practice in both state and federal courts. His vast and varied professional experiences have lent to his participation in speaking regularly at seminars sponsored by the Pennsylvania Defense Institute and the Pennsylvania Association of Trial Lawyers on such topics as insurance coverage and the defense perspective in civil trials. Mr. McDonnell is a frequent contributor to Counterpoint, the official publication of the Pennsylvania Defense Institute, and has authored many Amicus Curiae Appellate Briefs on behalf of the Pennsylvania Defense Institute and the Insurance Federation of Pennsylvania. He has maintained his Super Lawyer title since 2010 and has been named to ‘The Best Lawyers in America’ and Top 50 Pittsburgh Super Lawyer list in 2021.   Thomas McDonnell Super Lawyer 2021]]> On Behalf of Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. <![CDATA[Identifying negligence in a slip and fall case]]> https://www.summersmcdonnell.com/?p=48292 2021-07-06T13:52:10Z 2021-07-06T13:50:36Z When negligence occurs The law in Pennsylvania states that the owner must pay for your medical expenses if their negligence caused your injuries. This means that you could sue if they knew about the problem and did not do anything about it. Examples of negligence are:
  • Torn carpets
  • Narrow stairs
  • Uneven terrain
  • Wet or greasy floors
  • Damaged sidewalks
  • Broken railings
If a sign warns about the possible risk of falling, you cannot file a lawsuit against the owner. The same principle applies when there are barriers around the area that is wet or recently waxed. For a lawsuit to be successful, you must prove in court that the cause of the accident was a dangerous condition and that the owner knew of that dangerous condition and took no steps to mitigate the danger.

Contributory negligence

In Pennsylvania, you could get less compensation for your injuries if you had some fault in the accident. One example of contributory negligence would be if you fell because you were looking at your phone while walking on a slippery surface. When the effect of contributory negligence applies, the amount of compensation awarded in the lawsuit diminishes depending on the percentage of fault that you had in the accident.

Compensation

If the owner of the establishment was negligent about the dangerous condition, you have the right to get compensation for your injuries. But beware, you would need to file a claim within two years of the accident.  ]]> by Summers, McDonnell, Hudock, Guthrie & Rauch, P.C. <![CDATA[What to do when your company faces a sexual harassment claim]]> https://www.summersmcdonnell.com/?p=48281 2021-04-16T14:44:00Z 2021-04-16T14:43:03Z When your company faces a sexual harassment claim One of the first steps you need to take if your company faces a sexual harassment claim from an employee is to start an investigation about the claim. As part of that investigation, you should:
  • Find an independent third-party who can complete the investigation.
  • Take steps to protect the employee who reported the harassment, maybe assigning them to a new department or a new desk to avoid the alleged harasser.
  • Have the third-party review your company sexual harassment policy.
  • Have the third-party review any documentation your employee has about the harassment.
  • Have the third-party interview any witnesses to the harassment.
  • Consult an attorney familiar with employment law, especially if you and the third-party feel uncertain the harassment occurred. You want to get an attorney’s advice about how to proceed to minimize the risk of facing a sexual harassment lawsuit.
  • Ensure the employee who reported the harassment doesn’t face any retaliation. You need to treat the employee who made the sexual harassment claim as if they never made a claim. You need to let other employees know you expect them to do the same and expect them to follow company sexual harassment policies. Retaliating against an employee who makes a harassment claim is illegal.

Possible defenses in a sexual harassment suit

If your company ends up facing a lawsuit over sexual harassment, you will need good documentation about the investigation you completed and any corrective action you took. If you feel your employee has made a false harassment claim, you will need to provide sufficient evidence your employee’s allegations didn’t occur. Your attorney can help show how the conduct alleged didn’t break the law or violate your company policies if that’s the case. Your company doesn’t only face potentially having to pay out thousands of dollars in a sexual harassment lawsuit after a claim. You also can damage your reputation, making it more difficult to find good employees in the future and impacting your ability to keep and attract important customers or clients. That’s why taking any sexual harassment claim seriously and working with an attorney to resolve a complaint is so important.]]>