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Publication Date: 2022-10-03
Practice Area: Labor Law
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1874
District court erred in dismissing appellant's action alleging appellees violated §15(a)(3) of the Fair Labor Standards Act when they refused to hire him because he was "about to testify" in an FLSA collective action where he adequately pled appellees had fair notice he engaged in protected activity, they declined to hire him because of that and it was plausible they discriminated against him based on their anticipation that he would file a consent to join a FLSA collective action. Reversed.
Publication Date: 2022-09-26
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Eddy
Attorneys: For plaintiff:
for defendant:
Case Number: 2:20-CV-01723-CRE
Plaintiffs failed to plausibly plead overtime wage violations where they did not allege sufficient facts to infer that they regularly worked 40 hours in a workweek and regularly worked uncompensated hours over 40 hours in such workweeks. Defendant's motion to strike denied, motion to dismiss granted.
Publication Date: 2022-09-19
Practice Area: Labor Law
Industry: Consulting | Health Care | Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1641
Whistleblower retaliation claim was properly dismissed where employee failed to show that his termination for harassment, following an investigation, was mere pretext as employee could only speculate that the investigation was a sham. Order of the district court affirmed.
Publication Date: 2022-09-12
Practice Area: Labor Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1024
Commonwealth Court erred in forfeiting appellant's pension under Public Employee Pension Forfeiture Act because appellant's guilty plea to 18 U.S.C. §1001 did not trigger pension forfeiture since §1001 and 18 Pa.C.S. §4906 were not "substantially the same." Reversed.
Publication Date: 2022-09-12
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mannion
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1035
Employer was denied summary judgment on disability discrimination claims where evidence created triable issue as to whether employee could perform essential functions of their position prior to employee's termination and whether employer had denied request for reasonable accommodation. Defendant's motion for summary judgment granted in part and denied in part.
Law Journal Press | Digital Book
Authors: Rosemary Alito
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Publication Date: 2022-09-05
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0993
Death caused by intoxication from combination of prescriptions was a service-related death for Act 101 benefits where decedent had been taking medications to treat chronic pain for a service-related injury, which also caused mobility problems that led to decedent falling and injuring himself so as to need surgery that led to the fatal intoxication. Adjudication of the Pennsylvania Department of General Services reversed.
Publication Date: 2022-08-29
Practice Area: Labor Law
Industry: Construction | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0969
Workers' Compensation Judge correctly found that claimant had voluntarily left the workforce but had not retired where receipt of union pension and SSDI benefits were related to claimant's work injury and claimant's failure to seek other work was due to a lack of transferrable job skills. Order of the Workers' Compensation Appeal Board affirmed.
Publication Date: 2022-08-29
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0977
Defendants moved for summary judgment in plaintiff's §1983, Title IX, Title VII, and Age Discrimination in Employment Act action alleging she was fired in retaliation for speaking about a matter of public concern and court found weight of the evidence showed defendants terminated plaintiff based on her poor decisions and the need for staff reduction due to financial constraints. Motion granted.
Publication Date: 2022-08-22
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0942
Breach of contract and Wage Payment and Collection Law claims arising from underpayment of commissions failed where parties had at-will employment relationship, entitling employer to alter the terms of employment, including compensation, at any time. Order of the trial court affirmed.
Publication Date: 2022-08-15
Practice Area: Labor Law
Industry: Construction | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0919
Both parties moved for summary judgment in plaintiffs' action asserting ERISA, RICO and common law tort violations over loan on a life insurance policy taken as part of a scheme to steal from welfare benefit plans and court granted plaintiffs' motion with respect to their ERISA §1132(a)(2) claim on the issuance of the loan, defendant's motion as to the ERISA §1132(a)(2) claims based on changes to policy ownership, the RICO§1962(c) claims and plaintiff's common law claims. Motions granted in part and denied in part.
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