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September 22, 2016 |

It's Not Wise to Sue Your Employee After Discrimination Charges Are Filed

In the employment law world, sometimes we get to review some truly ­head-scratching decisions by ­employers. Two recent cases settled by the Equal Employment Opportunity Commission (EEOC) provide a road map on what not to do when an employee engages in protected activity.
10 minute read
July 21, 2016 |

Court Says No To Withholding Taxes on FMLA Settlement

Congratulations! You have somehow managed to convince a very reticent employer and their all-powerful counsel to finally settle that difficult Family and Medical Leave Act (FMLA) case with you. The only thing left to do is to get paid, right? Guess again. Until the parties can agree on how the settlement payment should be reported to the IRS, the settlement will remain in payment purgatory. There can be a "sticking point" in these situations if a plaintiff is paid by W-2, because the defendant is obligated to deduct applicable taxes, withholdings for Social Security and Medicare and its employer tax, whereas a plaintiff paid by Form 1099-MISC is responsible for all of these taxes.
9 minute read
June 22, 2016 |

High Court Weighs In on Limitations Period

Constructive discharge claims can be some of the trickiest types of claims to pursue. They are ­typically fraught with issues about if and when the resignation/termination occurred. Along those same lines, it has not always been clear when the harassment or discriminatory events leading up to the discharge can trigger the commencement of the statute of limitations.
11 minute read
May 27, 2016 |

EEOC Guidance on Leave as an Accommodation Answers ADA Questions

For those familiar with this column, it comes as no surprise that the most predominant topic over the years has been the Americans With Disabilities Act (ADA). It really has become our favorite topic to write about. In fact, our very first article in The Legal in 2009 was titled "Ushering in a New Era under the ADA Amendments Act."
7 minute read
April 22, 2016 |

C&R Agreements May Waive Subsequent Employment Law Claims

As is often the case in the practice of law, the simplest of details can have the hugest impact on the outcome. Take for example, the recent case from the Eastern District of Pennsylvania of Zuber v. Boscov's, No. 15-3874 (E.D. Pa., Apr. 7, 2016). What was believed to be a rather benign settlement and release of a workers' compensation claim turned out to be a complete bar to a subsequent claim brought in federal court under the Family and Medical Leave Act (FMLA).
10 minute read
March 25, 2016 |

Evaluating Employment Law Decisions of US Justice Nominee Garland

There is a sentiment in the ­employment law community, particularly those who practice on the employee side, that federal courts have grown increasingly hostile to employee rights cases. The empirical data compiled over the last three decades seems to support this sentiment. Plaintiffs who bring employment discrimination claims in federal court are far less likely to prevail than plaintiffs in non-employment cases. According to a 2009 Harvard Law and Policy Review article titled "Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" since 1979, the plaintiff win rate for employment cases (15 percent) was lower than non-employment cases (51 percent). For cases going to trial, employment discrimination plaintiffs (28.47 percent) won less often than other plaintiffs (44.94 percent). With respect to appeals, employees succeeded only 9 percent of the time, while employers won 41 percent of appeals.
10 minute read
March 04, 2016 |

PI Firm Says Paralegal Fired Over Negative Facebook Posts

Personal injury firm Messa & Associates denied on Friday wage-and-hour claims levied by a former paralegal, instead saying she was fired because she posted negative things about the firm in public forums.
4 minute read
January 22, 2016 |

Terminated Employees Can Inspect Records Under Personnel Files Act

Every now and then an employment law decision will come down the pike that seems to come out of left field, leaving those of us who comment on these things to really scratch our heads.
5 minute read
January 05, 2016 |

Ex-Paralegal Lodges FLSA Overtime Suit Against PI Firm

A former paralegal at personal injury law firm Messa & Associates has filed a proposed collective and class action against the firm, alleging it failed to pay her overtime wages and then fired her for complaining about the payment practices in private Facebook messages.
4 minute read
January 04, 2016 | Law.com

Ex-Paralegal Lodges FLSA Overtime Suit Against PI Firm

A former paralegal at personal injury law firm Messa & Associates has filed a proposed collective and class action against the firm, alleging it failed to pay her overtime wages and then fired her for complaining about the payment practices in private Facebook messages.
4 minute read

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