Sid Steinberg

April 11, 2017 | The Legal Intelligencer

Employers and their counsel face the spectre of the Family and Medical Leave Act (FMLA) retaliation on a seemingly daily basis. Managers are often frustrated by an employee's absence and may find that the department continues to function successfully during the employee's absence.

By Sid Steinberg

13 minute read

February 07, 2017 | The Legal Intelligencer

Returning employees who are injured at work to their positions can leave employers navigating between "a rock and a hard place." The often ­competing interests between obligations under the Americans with Disabilities Act competing with the workers' compensation laws render most return-to-work situations a challenge.

By Sid Steinberg

13 minute read

January 11, 2017 | The Legal Intelligencer

Intra-company romantic relationships are a minefield for employers. Nowhere is this better exemplified than in the recent case of Gatter v. Ika-Works, No. 16-953, 2016 U.S. Dist. LEXIS 174816 (E.D. Pa. Dec. 16, 2016). The case seems to merge employment law with a reality television show gone bad—involving the romantic relationship between a local sales representative and the son of the ­Ika-Works' president, himself a part-owner of the company, with walks on a beach and a Mediterranean boating trip. The sexual harassment ­complaint seems to have been almost inevitable.

By Sid Steinberg

12 minute read

December 14, 2016 | The Legal Intelligencer

It may be hard to believe that there are still workplaces where pornographic magazines lay about and sexually suggestive toys and trinkets are visible. Yet, in the case of Vollmar v. SPS Technologies, No. 15-2087, 2016 U.S. Dist. LEXIS 166445 (E.D. Pa. Dec. 2), we are reminded that such workplaces still exist and arguing that this is just a "blue collar" environment will not support summary judgment.

By Sid Steinberg

11 minute read

November 08, 2016 | The Legal Intelligencer

Faulty investigations are a ­consistent theme in findings of pretext. While there certainly is an element of 20-20 hindsight in deconstructing an ­investigation into a workplace incident ­resulting in ­termination, it often seems, when viewed in that light, as though ­obvious steps have been missed. Such is the case in the recent decision of Connearney v. Main Line Hospitals, 2016 U.S. Dist. LEXIS 149559 (E.D. Pa. Oct. 28, 2016).

By Sid Steinberg

14 minute read

October 11, 2016 | The Legal Intelligencer

Most claims of national origin discrimination are brought under Title VII or the Pennsylvania Human Relations Act (PHRA)—both of which specifically prohibit discrimination in that regard. In a nonemployment setting, such as where an individual is an independent contractor, or when a potential plaintiff has missed the limitations periods for Title VII and the PHRA, a claim under 42 U.S.C. Section 1981 may be a fallback position. But Section 1981, which is a post-Civil War statute addressing "racial" discrimination in the making of contracts, is not a perfect fit for a national origin claim. This distinction was addressed in the recent case of Madalapu v. Temple University Hospital, No. 15-5977, 2016 U.S. Dist. 133122 (E.D. Pa. Sept. 27).

By Sid Steinberg

11 minute read

September 13, 2016 | The Legal Intelligencer

Mid-level managers are often ­classified as exempt from ­overtime under the administrative exemption of the Fair Labor Standards Act. These employees, in particular, often believe that they are entitled to overtime based upon being "mis-classified" under the act based upon the routine nature of their jobs.

By Sid Steinberg

11 minute read

August 09, 2016 | The Legal Intelligencer

Employees will often complain that their workplace is "hostile" because their supervisor is critical of their work performance. But, of course, there is a difference between a "critical" work ­environment and a legally actionable ­"hostile" environment.

By Sid Steinberg

13 minute read

July 12, 2016 | The Legal Intelligencer

Must an employer engage in ­pleasantries and avoid critique of an employee's pre-Family and Medical Leave Act leave work performance when an employee returns to work after an FMLA leave?

By Sid Steinberg

12 minute read

June 09, 2016 | The Legal Intelligencer

In Raimondi v. Wyoming County, 2016 U.S. Dist. LEXIS 67653 (M.D. Pa. May 24, 2016), the court deconstructed an employer's mishandling of an ­employee's request for leave and in doing so provides employers with insightful, step-by-step guidance on how to handle requests for leave when evaluating whether such requests qualify under the Family and Medical Leave Act (FMLA) and the act is not specifically mentioned by the employee.

By Sid Steinberg

6 minute read