0 results for 'jeffrey campolongo'
Same Evidence Used to Reject Bias Claim, Support Retaliation Claim
The (over)use of the summary judgment process in employment discrimination cases has been heartily scrutinized over the years.Employees With Duty to Report Bias Protected From Retaliation
A recent decision from the U.S. Court of Appeals for the Fourth Circuit reminded this writer that you could still learn something new about the law every day. Even in an area that you are a supposed expert. This time, it was a decision regarding the so-called "manager rule," a principle applied in some circuits in the context of retaliation claims under the Fair Labor Standards Act (FLSA). The rule had been extended to retaliation claims under Title VII. For managers, human resources professionals and the like, in order to engage in protected activity and garner protection from retaliation, the rule required the employee to "step outside his or her role of representing the company."Analysis of Counsel Fee Awards in Two Cases With Same Attorney
Attorney fees. There are few things in the practice of law that are as sacrosanct as payment for the professional guidance we provide to our clients, whether the matter is a billion-dollar complex acquisition by a multinational conglomerate or drafting a simple will. As lawyers we tend to be very self-aware, perhaps even sensitive, when it comes to being paid what we deem a reasonable amount for our time and attention to our craft. For those of us who practice in the employment law world where there is a statutory fee-shifting provision, we tend to be even more in tune to legal issues affecting how we are paid. That is why two recent decisions from the Eastern District of Pennsylvania issued merely a day apart have prompted some curious head-scratching by practitioners.Justices Revive Religious Accommodation Case Against Abercrombie & Fitch
The U.S. Supreme Court recently addressed a case regarding a Muslim woman's right to have her religious practices accommodated under Title VII of the Civil Rights Act of 1964. In a much anticipated, and in many ways, surprising decision, the high court decided the hiring practices of the popular retail clothing company Abercrombie & Fitch violated Title VII. The case, EEOC v. Abercrombie & Fitch Stores, No. 14-86, was decided June 1. Unfortunately, this is not the first time Abercrombie's employment and hiring practices made headlines.When Employee's FMLA Leave Is Over, the ADA Kicks In
Having just returned from speaking at the Pennsylvania Bar Institute's 21st annual Employment Law Institute, the No. 1 question on the mind of employers was how to deal with an employee's request for leave under the Americans with Disabilities Act once the employee's Family and Medical Leave Act leave has expired. The answer, like most reasonable accommodation issues, is it depends. Courts throughout the country have consistently held that unpaid leave is a form of reasonable accommodation. Unpaid leave may be an appropriate reasonable accommodation when an individual expects to return to work after getting treatment for a disability, recovering from an illness, or taking some other action in connection with his or her disability.
Noncompete Controversy Taking Shape in Pa. Supreme Court
It appears that things are starting to heat up in the world of noncompete clauses in employment agreements. Apparently, the Pennsylvania Supreme Court kicked off a firestorm of arguments when it decided to grant review of the Superior Court's decision in Socko v. Mid-Atlantic Systems of CPA, 2014 PA Super 103, 99 A.3d 928, appeal granted, 105 A.3d 659 (Pa. 2014).
Courts Work to Protect Employees From Harassing Discovery Tactics
Do plaintiffs in employment cases have a legitimate privacy interest in information regarding their subsequent employment? Nowadays, most courts say yes. An increasing number of courts have frowned on the employer's practice of subpoenaing employment records from a plaintiff's subsequent (or in some cases, current) employer.
Use of Implicit Bias Evidence to Prove Discrimination
Are you or your co-workers guilty of "unconscious discrimination"? Is your manager or supervisor guilty of "implicit bias" in the workplace? These terms and others like it are used in social science to describe the inherent nature of stereotyping that takes place in everyone. The issue courts are being confronted with on a more frequent basis revolves around whether evidence of this type of stereotyping can form the basis for liability under anti-discrimination laws.Mixed Results on Collateral Estoppel in the Eastern District
There may be a controversy brewing in the Eastern District of Pennsylvania. The issue stems from a recent decision regarding the preclusive effect of administrative proceedings from the Unemployment Compensation Board of Review (UCBR) in a subsequent federal court discrimination lawsuit alleging similar facts. The results are two starkly different interpretations of a longstanding Pennsylvania Supreme Court precedent by members of the same court.
Is Wage Theft the New Civil Rights Issue for Workers?
If you have seen recent headlines about major wage-and-hour class actions, such as the FedEx misclassification case, Alexander v. FedEx Ground Package System, or the decision about off-the-clock work here in Pennsylvania, Braun v. Wal-Mart Stores, then you would know there is a growing problem of wage theft in the low-wage economy all over the country.Trending Stories
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
More from ALM
- Legal Speak at General Counsel Conference East 2024: Match Group's Katie Dugan & Herrick's Carol Goodman 1 minute read
- Legal Speak at General Counsel Conference East 2024: Eric Wall, Executive VP, Syllo 1 minute read
- Legal Speak at General Counsel Conference East 2024: Virginia Griffith, Director of Business Development at OutsideGC 1 minute read