NEXT
Sign in to follow
Search Results

0 results for 'jeffrey campolongo'

You can use to get even better search results jeffrey campolongo
July 21, 2016 | The Legal Intelligencer

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.
10 minute read
June 22, 2016 | The Legal Intelligencer

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.
12 minute read
May 27, 2016 | The Legal Intelligencer

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."
8 minute read
April 22, 2016 | The Legal Intelligencer

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).
11 minute read
March 25, 2016 | The Legal Intelligencer

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.
11 minute read
March 04, 2016 | The Legal Intelligencer

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.
5 minute read
January 22, 2016 | The Legal Intelligencer

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 | The Legal Intelligencer

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
December 29, 2015 | The Legal Intelligencer

Issues You Can Expect to See in Employment Law in 2016

As 2015 draws to a close, here is a look at some of the emerging employment law issues on the horizon in 2016 affecting Philadelphians. Without further ado, here is the list.
7 minute read
October 23, 2015 | The Legal Intelligencer

Differing Definitions of Disability Under ADAAA and PHRA

As many employment lawyers are now well aware, determining what is and what is not a "disability" under the applicable laws can be a litigation minefield. With the enactment of the ADA Amendments Act (ADAAA) on Jan. 1, 2009, there were supposed to be sweeping changes to the way the Americans with Disabilities Act (ADA) was being interpreted. The new law expanded the definition of "disability" in response to the restricted view given to it by the U.S. Supreme Court and other federal courts, which were interpreting the definition too narrowly.
6 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.