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Publication Date: 2024-03-22
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 557 C.D. 2022
Act 111 was constitutional where it merely clarified the guidelines for conducting an impairment rating evaluation after removing language overturned by the supreme court, and did not constitute a special law as it did not treat specific workers differently from other employees entitled to workers' compensation. Order of the Workers' Compensation Appeal Board affirmed.
Publication Date: 2024-03-22
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2835
Appellant appealed the judgment entered for appellee, his former employer, following a bench trial.
Publication Date: 2024-03-22
Practice Area: Labor Law
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-4049
Defendant moved to dismiss plaintiff's Title VII, Age Discrimination in Employment Act and Pennsylvania Human Relations Act complaint asserting race and age discrimination and retaliation and court found plaintiff's title VII claim failed because he did not identify any similarly situated comparators who were treated more favorably or sufficiently allege facts to support an inference of race discrimination, and he failed to show he was replaced by a younger person, but defendant's exhaustion argument as to plaintiff's PHRA claim was m
Publication Date: 2024-03-15
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 2:23-cv-04433-JDW
Court declined plaintiff's motion to proceed anonymously to prevent his current employer from learning of his chronic health condition, where plaintiff's claimed fears were largely economic in nature and required the unreasonable assumption that plaintiff's employer would break the law by terminating him due to his disability. Plaintiff's motion to proceed anonymously and seal the record denied.
Publication Date: 2024-03-15
Practice Area: Labor Law
Industry: Food and Beverage | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Wiegand
Attorneys: For plaintiff:
for defendant:
Case Number: 2:19-CV-00069-CCW
Parties cross-moved for summary judgment in plaintiff's class/collective action under the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act asserting lack of proper tip credit notice and court found defendant's standing argument failed on the law of the case doctrine, a genuine issue of material fact existed as to whether the employees appearing on a tip credit notice list received the tip credit notice, summary judgment was granted to plaintiff and class members who received the other information sheet notices and the wi
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2024-03-15
Practice Area: Labor Law
Industry: Education
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 7 EAP 2022
Although an at-will employee could assert a tortious interference with business relations claim against third party, a supervisor acting within the scope of their employment did not qualify as a third party. Judgment of the superior court affirmed.
Publication Date: 2024-03-15
Practice Area: Labor Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 2:23-cv-00164-JDW
Defendant moved for summary judgment in plaintiff's Title VII, Americans with Disabilities Act and Pennsylvania Human Relations action over his termination for refusing a COVID-19 vaccination and court found plaintiff provided no evidence that his decision to not get vaccinated was borne of religious belief or that defendant discriminated against him when it fired him. Motion granted.
Publication Date: 2024-03-08
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1298 C.D. 2022
Claim that union discriminated against non-member in failing to fairly represent her during grievance proceedings did not implicate unfair labor practices under the Public Employee Relations Act. Order of the trial court reversed, case remanded.
Publication Date: 2024-03-08
Practice Area: Labor Law
Industry: Education | State and Local Government
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 18 MAP 2023
Commonwealth court properly found college's project fell outside the purview of the Prevailing Wage Act and it was not "paid for in whole or in part out of the funds of a public body" by virtue of authority's role in providing conduit financing for the project under the circumstances in this case. Affirmed.
Publication Date: 2024-03-08
Practice Area: Labor Law
Industry: Aerospace | Transportation
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Fischer
Attorneys: For plaintiff:
for defendant:
Case Number: 23-869
Defendants moved to dismiss plaintiff's action alleging violations of Fair Labor Standards Act, Title VII, Americans with Disabilities Act, Pennsylvania Human Relations Act, Pregnancy Discrimination Act and Providing Urgent Maternal Protections for Nursing Mothers Act and court found her PUMP act and ADA claims failed but her other claims were supported by sufficient factual allegations. Motion granted in part and denied in part.
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