Capitol Report
Following is a listing of executive and legislative action for the week of Sept. 3. Both houses of the General Assembly are on summer recess. The state House of Representatives is set to return to session on Wednesday. The Pennsylvania Senate is scheduled to reconvene on Sept. 24.
September 06, 2018 at 07:02 PM
4 minute read
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Sexual Harassment
Gov. Tom Wolf on Sept. 6 stumped for passage of a package of reforms aimed at strengthening protections against sexual harassment and discrimination for employees, providing new legal options for victims and holding those who are responsible accountable for their actions.
Wolf's statement came on the same day the state House of Representatives Labor and Industry Committee held a second hearing on the legislative package.
“The #MeToo movement has encouraged many survivors to come forward and their strength must continue to change our workplaces and our culture,” Wolf said. “Workplace discrimination or sexual harassment are unacceptable, and millions of Pennsylvania workers deserve this protection now, not more delays and studies. This is the time for action and I urge the legislature to pass these common-sense reforms, so I can sign them into law.”
Wolf originally announced reform measures in April. They include extending statutes of limitation, the right to jury trial for victims and whistleblowers, punitive damages and the power to impose an award of attorney fees against wrongdoers.
|Toxic Prisons
Wolf met privately on Sept. 5 in Waynesburg with Department of Corrections staff at State Correctional Institution Greene to discuss safety concerns amid the recent spate of staff exposure to unknown substances in several of the state's correctional facilities, according to a Wolf administration statement.
Immediately following the meeting, Wolf and Corrections Secretary John Wetzel announced new protocols being put in place to protect staff, visitors and inmates at Pennsylvania's 25 state correctional facilities. All facilities have been on lockdown since Aug. 29.
The substances have been linked in media reports to ingredients to make synthetic drugs. “I met with several of the corrections officers here at SCI Greene today and I want to assure them that their concerns are valid and were heard,” Wolf said.
“It is our responsibility to keep all commonwealth employees safe while at work so that they return home each day to their families.”
Wetzel said he is aiming for full implementations of new protocols—including tighter controls on material mailed to prisons, transitioning to the exclusive use of e-books and magazines, and the use of drones and body scanners to detect contraband—within 100 days.
|Union Dues
State Rep. Rob Kauffman, R-Franklin, chairman of the House Labor and Industry Committee, on Sept. 5 led a public hearing on House Bill 2571, which would protect the right of public sector workers to abstain from joining a union.
Representatives from The Fairness Center, Americans for Fair Treatment, Americans for Prosperity, SEIU Local 668, Pennsylvania School Boards Association and Pennsylvania State Education Association provided testimony.
“I think many employees are still under the assumption that they need to join a public union based on their occupation, which is not the case,” Kauffman said. “House Bill 2571 seeks to ensure all employees are informed of their right not to participate and pay dues. This would not prevent or dissuade anyone from joining a union, but simply let them know it is not mandatory.”
Kauffman's bill comes in the wake of the U.S. Supreme Court decision in June in Janus v. AFSCME, which said workers' First Amendment rights are violated by forced collection of union fees.
The legislation would direct public sector employers to notify nonunion members of the Janus decision and that these once-required fees to the union are now strictly voluntary. Additionally, the legislation would inform employees that their employment status would not be affected by their decision of whether or not to join a union.
|Opioid Training
Pennsylvania Sen. Vincent Hughes, D-Philadelphia, has asked Secretary of Health Dr. Rachel Levine to implement a new training program for the state's first responders who may be exposed to synthetic opiates while treating overdose patients, according to a statement on the Senate Democratic Caucus website.
Fentanyl and other synthetic drugs can put first responders at risk when treating overdose patients, Hughes wrote in a letter to Levine, adding that first responders may be at risk of exposure to these dangerous drugs because of touch, inhalation or other contact. Pennsylvania should “take aggressive steps to protect the lives of those individuals who often come into direct contact with synthetic opiates laced drugs,” Hughes said, observing that while some law enforcement organizations have training in place, there is no uniform policy for first responders across Pennsylvania. •
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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