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Social Security Disability vs. Supplemental Security Income (SSI)
"Disability” for adults under all Social Security programs is defined in the same way: “The inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.” The amount of a monthly Disability Insurance Benefit (“DIB”) varies and is determined based on the amount of taxable monies earned prior to the worker’s disability onset. Participation in the SSI program requires evidence of “disability” as well as limited income and resources, but it does not require previous taxable work. At the present time, the Federal benefit ...
Posted Feb 15, 2011 9:06 AM by Admin Devine 2
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Searches And Seizures In The Workplace
When handling workplace safety, searches and seizures of employees is a very complex subject. Obviously, safety of employees and the company must be weighed against the privacy of employees when determining whether a search or seizure should occur. Government, or “public employees” are covered under the 4th Amendment of the United States Constitution for a right against unreasonable searches and seizures. However, things are not as clear for private, or “non-government” employers. Several issues, including liability, must be addressed by private employers.
Whether an employee’s alleged privacy rights are grounded in constitutional, statutory provisions or simply involved in corporate expectations, the employer should always weigh their need to know against the employee’s reasonable expectation of privacy.
In ...
Posted Feb 15, 2011 9:46 AM by Admin Devine
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Online Document Preparation Services Deemed Unauthorized Practice Of Law By PA Bar Association
On March 10, 2010, the Pennsylvania Bar Association Unauthorized Practice of Law Committee presented a formalized opinion that both in-person and on-line legal document preparation services are an unauthorized practice of law, which is barred by the Pennsylvania Professional Rules of Conduct for Lawyers and the Pennsylvania Statutes. The unauthorized practice of law can be met with fines and penalties as set forth in the Pennsylvania statutes and can be determined to be a misdemeanor under the law.In recent years, on-line legal document preparation services have become more and more popular. Web sites and in-person legal document preparers have grown in size and distribution. These preparation services advertise to offer legal forms and "advice" on ...
Posted Feb 15, 2011 9:47 AM by Admin Devine
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Employers Beware: The Unseen Dangers of Social Networking in the Workplace
There is a seemingly constant stream of recent news stories regarding the rise in cybercrime through Facebook and other social networking websites. Many employers assume that since their computer system has a firewall and internet security, it is immune from such attacks. Think again. An article in USA Today recently reported that businesses are increasingly open to “phishing” attacks on their internal customer data. “Phishing” is defined as, “a form of social engineering in which an attacker attempts to fraudulently acquire sensitive information from a victim by impersonating a trustworthy third party.” According to Gartner, Inc. (the world’s leading information technology research company), phishing attacks in the United States resulted in losses of $3.2 billion in 2007 alone ...
Posted Feb 15, 2011 9:49 AM by Admin Devine
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Commonwealth Court Rules That Claimant Injured During Pre-Employment Medical Testing Is Not Entitled To Workers’ Compensation Benefits
In the recent case of Moberg v. WCAB (Twining Village), the Commonwealth Court held that a Claimant, who fainted during a tuberculosis test, striking her head, was not entitled to workers’ compensation benefits because the Claimant was not in the course and scope of employment at the time the injury occurred. By way of factual background, Claimant applied for employment at a retirement community as a server in the dining room. To qualify for employment, Claimant was required to undergo a drug screen and have a TB test performed, by a nurse on the employer’s premises. After the nurse performed the test and left the outpatient room, Claimant passed out, falling to the floor and hitting her head.Claimant ...
Posted Feb 15, 2011 9:49 AM by Admin Devine
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