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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
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.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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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.
Publication Date: 2024-03-07
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1730
Plaintiff appealed the district court's order granting reconsideration and entering summary judgment for defendants, her former employer, on her claims for overtime pay.
Publication Date: 2024-03-01
Practice Area: Labor Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 23-0263
Court erred in dismissing religious failure to accommodate claim where employee presented prima facie evidence that she had a religiously connected, sincerely held objection to receiving COVID-19 vaccines. Defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2024-02-23
Practice Area: Labor Law
Industry: Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 21-5280
Family and Medical Leave Act interference claim was plausible where there were genuine issues of material fact as to whether proposed reassignment following return from leave was substantially equivalent to prior role. Defendants' motion for summary judgment granted in part and denied in part, plaintiff's motion for partial summary judgment denied.
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