Sid Steinberg

October 14, 2015 | The Legal Intelligencer

While most companies check an applicant's background before hiring, cases under the Fair Credit Reporting Act (FCRA), which apply when a third party conducts the check for the prospective employer, are rare. Ramos v. Genesis Healthcare LLC, No. 15-52 (E.D. Pa. Oct. 1, 2015) (Kearney, J.), provides guidance to employers as to how reports under the FCRA can be used.

By Sid Steinberg

6 minute read

September 09, 2015 | The Legal Intelligencer

For employers and their counsel, agreements whereby employees are required to arbitrate any possible employment claim are either adored or despised. There is very little room for gray. In the broadest sense, employers who favor such agreements do so because it saves on litigation costs—along with the possibility that a plaintiff may be less sympathetic to an arbitrator than he or she would be to a jury. From the employee's perspective, arbitration brings matters to finality more quickly than does litigation and an employee with a weaker case may benefit from an arbitrator's tendency to "split the difference" rather than render a decision wholly in favor of one side.

By Sid Steinberg

7 minute read

September 09, 2015 | The Legal Intelligencer

For employers and their counsel, agreements whereby employees are required to arbitrate any possible employment claim are either adored or despised. There is very little room for gray. In the broadest sense, employers who favor such agreements do so because it saves on litigation costs—along with the possibility that a plaintiff may be less sympathetic to an arbitrator than he or she would be to a jury. From the employee's perspective, arbitration brings matters to finality more quickly than does litigation and an employee with a weaker case may benefit from an arbitrator's tendency to "split the difference" rather than render a decision wholly in favor of one side.

By Sid Steinberg

7 minute read

August 12, 2015 | The Legal Intelligencer

There are few more settled tenets in employment discrimination law than that the court does not sit as a "super-personnel department that re-examines the employer's business decisions."

By Sid Steinberg

6 minute read

August 11, 2015 | The Legal Intelligencer

There are few more settled tenets in employment discrimination law than that the court does not sit as a "super-personnel department that re-examines the employer's business decisions."

By Sid Steinberg

6 minute read

July 08, 2015 | The Legal Intelligencer

Discrimination claims based upon an employer's failure to promote or hire remain among the more difficult claims for employees.

By Sid Steinberg

5 minute read

July 08, 2015 | The Legal Intelligencer

Discrimination claims based upon an employer's failure to promote or hire remain among the more difficult claims for employees.

By Sid Steinberg

5 minute read

June 11, 2015 | The Legal Intelligencer

Intermittent leave under the Family and Medical Leave Act continues to bedevil employers in implementing leave management measures balanced with maintaining workforce productivity. When intermittent FMLA is combined with the so-called "hidden disabilities" such as migraines, fibromyalgia or asthma, employers are often hard-pressed to manage their workforce in compliance with the various statutes that come into play. This difficult balance was recently addressed by the U.S. District Court for the Eastern District of Pennsylvania in Brady v. United Refrigeration, No. 13-6008 (E.D. Pa. June 3, 2015) (Robreno, J.).

By Sid Steinberg

6 minute read

June 10, 2015 | The Legal Intelligencer

Intermittent leave under the Family and Medical Leave Act continues to bedevil employers in implementing leave management measures balanced with maintaining workforce productivity. When intermittent FMLA is combined with the so-called "hidden disabilities" such as migraines, fibromyalgia or asthma, employers are often hard-pressed to manage their workforce in compliance with the various statutes that come into play. This difficult balance was recently addressed by the U.S. District Court for the Eastern District of Pennsylvania in , No. 13-6008 (E.D. Pa. June 3, 2015) (Robreno, J.).

By Sid Steinberg

6 minute read

April 08, 2015 | The Legal Intelligencer

Last week, the U.S. District Court for the Eastern District of Pennsylvania held in Rosati v. Colello, No. 14-2402, 2015 U.S. Dist. LEXIS 44069 (E.D. Pa. Apr. 2, 2015), that a former employee cannot meet his or her burden of showing a prima facie case of gender discrimination, hostile work environment, or retaliation under Title VII of the Civil Rights Act of 1964 when the alleged "adverse employment actions" were isolated and not severe and pervasive enough to alter the compensation, terms, conditions, or privileges of his or her employment.

By Sid Steinberg

6 minute read