Sid Steinberg

May 11, 2016 | The Legal Intelligencer

Pennsylvania is, of course, a state with a strong presumption that employment is "at-will." At-will employees can be terminated for any reason or no reason at all. One of the few exceptions to at-will employment is where an employee can demonstrate "additional consideration" beyond the services for which he or she was hired. In Wakeley v. M.J. Brunner, 2016 Pa. Super. LEXIS 227 (Pa. Super. Ct. 2016), the Pennsylvania Superior Court affirmed the lower court's judgment for the defendant on the plaintiff's breach of contract claims, ­although the employee's relocation and house purchase were sufficient additional consideration to overcome the at-will ­employment presumption.

By Sid Steinberg

4 minute read

April 13, 2016 | The Legal Intelligencer

In Peake v. Pennsylvania State Police, No. 15-2669, 2016 U.S. App. LEXIS 4712 (3d Cir. Mar. 15, 2016), the U.S. Court of Appeals for the Third Circuit provided helpful guidance on the factors to consider when determining whether individuals are similarly situated.

By Sid Steinberg

11 minute read

March 09, 2016 | The Legal Intelligencer

Although a supervisor's discriminatory animus creates a multitude of issues for an employer, it does not, in and of itself, create liability where the supervisor is not the termination decision-maker.

By Sid Steinberg

5 minute read

February 13, 2016 | The Legal Intelligencer

There are always questions about whether regular and predictable attendance is an essential function of a job under the Americans with Disabilities Act. In Fischer v. Pepper Hamilton, No. 15-02413, 2016 U.S. Dist. Lexis 10603 (E.D. Pa. Jan. 29, 2016), the U.S. District Court for the Eastern District of Pennsylvania found that regular on-site attendance may not be essential for a project attorney hired by a law firm. The parties have since filed a joint motion to dismiss the case, putting an end to a trial that was scheduled to begin last week.

By Sid Steinberg

7 minute read

January 13, 2016 | The Legal Intelligencer

You may be reading this article on a "break" during your workday. To the extent that you are paid by the hour (and not just billing by the hour), the Fair Labor Standards Act and its regulations govern whether you are to be paid for that break.

By Sid Steinberg

5 minute read

January 12, 2016 | The Legal Intelligencer

You may be reading this article on a "break" during your workday. To the extent that you are paid by the hour (and not just billing by the hour), the Fair Labor Standards Act and its regulations govern whether you are to be paid for that break.

By Sid Steinberg

5 minute read

December 09, 2015 | The Legal Intelligencer

The law of wrongful discharge in Pennsylvania changes slowly. The "extremely strong" presumption is that employees in the state are employed "at-will" and courts have consistently found that "an employee will be entitled to bring a cause of action for a termination of that relationship only in the most limited of circumstances where the termination implicates a clear mandate of public policy," according to McLaughlin v. Gastrointestinal Specialists, 750 A.2d 283 (Pa. 2000).

By Sid Steinberg

5 minute read

December 08, 2015 | The Legal Intelligencer

The law of wrongful discharge in Pennsylvania changes slowly. The "extremely strong" presumption is that employees in the state are employed "at-will" and courts have consistently found that "an employee will be entitled to bring a cause of action for a termination of that relationship only in the most limited of circumstances where the termination implicates a clear mandate of public policy," according to McLaughlin v. Gastrointestinal Specialists, 750 A.2d 283 (Pa. 2000).

By Sid Steinberg

5 minute read

November 11, 2015 | The Legal Intelligencer

The average Major League Baseball salary in 2015 was $4.2 million. Assuming that major-league players work (generously) 10 hours per day, six days per week for nine months (February through October), they earn, on average, $1,795 per hour—well in excess of the $7.25 per hour minimum wage prescribed by the Fair Labor Standards Act.

By Sid Steinberg

6 minute read

November 10, 2015 | The Legal Intelligencer

The average Major League Baseball salary in 2015 was $4.2 million. Assuming that major-league players work (generously) 10 hours per day, six days per week for nine months (February through October), they earn, on average, $1,795 per hour—well in excess of the $7.25 per hour minimum wage prescribed by the Fair Labor Standards Act.

By Sid Steinberg

6 minute read