Archive for August, 2012
An Individual Supervisor at a Public Agency May be Held Personally Liable Under the FMLA
A recent case in the Third Circuit (including New Jersey) has addressed individual liability of supervisors of public agencies. In Haybarger v. Lawrence County Adult Probation and Parole, 667 F.3d 408 (3d. Cir. 2012), the plaintiff, Debra Haybarger, worked as an office manager for the Lawrence County Probation and Parole Agency. Haybarger alleged that […]
House Cleaner Injured on First Day of Work Was an Independent Contractor Not Covered Under Comp
Luz Lukasik agreed to provide house cleaning services for Marguerite Hollaway and two others. Respondents contacted Lukasik after hearing about her from an acquaintance. At that time she was cleaning five or six other houses and one office building on a regular basis. Petitioner Lukasik and her daughter went to the home of respondents and […]
Third Circuit Holds That Employer Can Terminate Employee on FMLA for Violation of Paid Sick Leave Policy by Traveling Far From Home During Leave Without Permission
Someone who is on FMLA is still subject to other leave policies like call-in policies and paid sick leave policies prohibiting distant travel The case of Denise Pellegrino v. Communications Workers of America, AFL-CIO, 2012 U.S. App. Lexis 7902 (3d. Circuit 2012) offers important guidance for employers who struggle to deal with the FMLA in […]
New Jersey Supreme Court Rules That Injured Employee May Not Sue Workers’ Comp Carrier for Pain and Suffering Caused Allegedly by Carrier’s Delay in Paying for Medical Services
On August 1, 2012, the New Jersey Supreme Court weighed in on an issue that has important implications for all practitioners of workers’ compensation in this state. The decision in Stancil v. ACE USA A-112-10, 06764 concerned a civil law suit stemming from the handling of a compensable work accident that occurred on May 14, […]
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