• Bird v. Mastery Charter Sch.

    Publication Date: 2022-06-27
    Practice Area: Labor Law
    Industry: Education | Food and Beverage
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0706

    Contractor had employment relationship where she was directed to work at the contracting company's physical facility and devote most of her time to the company and was subsequently subjected to an adverse employment action when the contracting company transferred its accounts, causing plaintiff to lose substantial bonus pay. Defendant's motion to dismiss granted in part and denied in part.

  • Boley v. Universal Health Serv., Inc.

    Publication Date: 2022-06-27
    Practice Area: Labor Law
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Scirica
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0705

    ERISA retirement plan participants had standing under typicality analysis to represent a class consisting of participants in all the plan's investment options even though plaintiffs themselves only invested in several of the options, where plaintiffs' legal theory was based on the plan administrators' broader practice of selecting and monitoring fund options. Order of the district court affirmed.

  • Groff v. DeJoy

    Publication Date: 2022-06-20
    Practice Area: Labor Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0683

    Exempting employee from Sunday shifts caused employer undue hardship due to imposition of additional workload on other employees, which negatively affected morale. Defendant's motion for summary judgment affirmed.

  • Candelaria v. Hosp. of the Univ. of Pa.

    Publication Date: 2022-06-20
    Practice Area: Labor Law
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Allen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0582

    The court refused to dismiss plaintiff's workplace harassment claims based on her failure to exhaust administrative remedies under the Pennsylvania Human Relations Act where she sought protections from workplace harassment afforded to all employees and did not allege that the inappropriate conduct was due, in any part, to her gender. The court recommended affirmance.

  • Doe v. McDonald's USA, LLC

    Publication Date: 2022-06-20
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0677

    Court declined to dismiss hostile work environment claim on summary judgment where there was a factual dispute over whether job applicant could qualify for protections under Title VII and where employer could not avoid vicarious liability as it had not asserted the defense of a lack of a tangible employment action. Defendant's motion for summary judgment affirmed in part and denied in part.

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  • Jacobsen v. Meron Med., LLC

    Publication Date: 2022-06-13
    Practice Area: Labor Law
    Industry: Health Care | Manufacturing | Recruitment and Staffing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0643

    Defendants moved for summary judgment in plaintiff's title VII and Pennsylvania Human Relations Act action asserting gender discrimination, hostile work environment and retaliation and court found joint employment, plaintiff's hostile work environment claim failed because she could not show respondeat superior liability, but her retaliation claim withstood summary judgment. Motion granted in part and denied in part.

  • Shoop v. JusticeWorks YouthCare, Inc.

    Publication Date: 2022-06-13
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0647

    Conditional class certification denied where putative class had failed to show common questions of fact as to whether they had not been compensated for work time over 40 hours in a workweek, where defendant employer's official policy directed non-exempt employees to record time traveling between client sites and performing other administrative duties. Plaintiffs' motion for conditional class certification denied.

  • Shanahan v. Ethan Allen Retail, Inc.

    Publication Date: 2022-06-06
    Practice Area: Labor Law
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Savage
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0631

    Defendant employer moved for summary judgment in plaintiff's discrimination action under the Americans with Disabilities Act, Age Discrimination in Employment Act and retaliation under the Family and Medical Leave Act and court found plaintiff did not show actual disability but did show she was regarded as disabled, she established a prima facie case of retaliation for requesting an accommodation and refuted employer's proffered justification but failed to refute employer's proffered legitimate justification as to her age discriminati

  • City of New Castle v. Int'l Ass'n of Firefighters, Local 160

    Publication Date: 2022-06-06
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0526

    The court declined to vacate a grievance arbitration award issued in accordance with Act 111, which was enacted to provide prompt and binding solutions to labor disputes involving police officers and firefighters, as there was no basis to overturn the award under the limited judicial review applicable to such proceedings. The court denied a petition to vacate a grievance arbitration award.

  • Burock v. Office of the Budget

    Publication Date: 2022-05-30
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0592

    Public employer's decision to remove employee from employment was supported under progressive discipline by employee's failure to achieve satisfactory job performance ratings over multiple rating periods during which employee was subject to performance improvement plans. Order of the State Civil Service Commission affirmed.