Sid Steinberg

August 13, 2014 | The Legal Intelligencer

The baseball adage that "a tie always goes to the runner" has a legal equivalent in a court looking at a summary judgment record in a light most favorable to the non-moving party—which is almost always the former employee in employment litigation. This standard seems particularly apt in the recent decision of Munoz v. Nutrisystem, No. 13-4416, 2014 U.S. Dist. LEXIS 104465 (E.D. Pa. July 30, 2014), where a former employee's vague references to the reason for a leave were sufficient (at least in part) to support claims under both the Americans with Disabilities Act and the Family and Medical Leave Act.

By Sid Steinberg

5 minute read

May 14, 2014 | The Legal Intelligencer

I attended a conference last week at which the general counsel of the U.S. Equal Employment Opportunity Commission, David Lopez, proclaimed that the recent U.S. Court of Appeals for the Sixth Circuit decision, EEOC v. Ford Motor, ___ F.3d ___ (6th Cir. Apr. 22, 2014), was in the commission's "zeitgeist." I believe what Lopez meant was the decision was, to the commission, an important recognition that telecommuting could be a reasonable accommodation under the Americans with Disabilities Act, based upon changes in how employees perform their jobs in the year 2014. The decision will, at a minimum, force both employers and courts to give more careful consideration to employee requests to work at home as a possible accommodation to a disability.

By Sid Steinberg

6 minute read

April 14, 2010 | The Legal Intelligencer

Courts continue to address, and employers and employees continue to struggle with, the scope of the interactive process under the Americans with Disabilities Act, and the extent of an employer's responsibility to provide an accommodation to an employee with a disability.

By Sid Steinberg

6 minute read

March 10, 2010 | The Legal Intelligencer

A recent trend in employment law is the proliferation of litigation under the Fair Labor Standards Act. Pennsylvania appears to be one of the central battle grounds for FLSA litigation, with the recent lawsuits involving overtime payments in the health care industry, among others.

By Sid Steinberg

6 minute read

January 09, 2008 | Law.com

An employee's notice that he might need a future medical leave of absence was found sufficient to trigger the employee's rights under the Family and Medical Leave Act (FMLA) in a recent decision by the 3rd U.S. Circuit Court of Appeals in Sarnowski v. Airbrook Limousine Inc.

By Sid Steinberg

6 minute read

April 09, 2008 | The Legal Intelligencer

The recent case of Pina v. Henkel Corporation, 2008 Westlaw 819901 (E.D. Pa. March 26, 2008), raises the question of whether a company's chief legal officer can be terminated for being "too much of a lawyer."

By Sid Steinberg

7 minute read

February 08, 2012 | The Legal Intelligencer

An "adverse employment action" under any of the federal employment laws can take many forms.

By Sid Steinberg

5 minute read

May 16, 2003 | Law.com

The 3rd U.S. Circuit Court of Appeals' recent decision in Suders v. Eastonis an important analysis of post- Faragher/Ellerthsexual harassment law and the law of constructive discharge in discrimination cases. The decision establishes a split among courts of appeals that may ultimately be decided by the U.S. Supreme Court.

By Sid Steinberg

9 minute read

April 10, 2013 | The Legal Intelligencer

There is a perception that since the passage of the Americans with Disabilities Act Amendments Act in 2008 and the issuance of the U.S. Equal Employment Opportunity Commission's guidelines in 2011, virtually any physical or mental condition will rise to the level of an actionable disability.

By Sid Steinberg

6 minute read

July 13, 2011 | The Legal Intelligencer

While many employers continue to include restrictive covenants in their employment contracts, courts in Pennsylvania and those applying Pennsylvania law continue to be reluctant to enforce such covenants without a clear showing that the precise terms of the contract have been breached and without a clear showing of harm to the employer.

By Sid Steinberg

6 minute read