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October 22, 2010 |

3rd Circuit Limits Reach of Ledbetter Fair Pay Act

The 3rd U.S. Circuit Court of Appeals has taken its first step toward limiting the reach of the Lilly Ledbetter Fair Pay Act of 2009 (FPA). Earlier this month, the 3rd Circuit rendered a decision in Noel v. The Boeing Co. in which it disagreed with the plaintiff-employee's position that a "failure to promote" claim can arise under the FPA.
6 minute read
September 23, 2011 |

ABA Opinions Clarify Ethical Obligations in E-Mail Interception

One of the "trending" topics in employment law circles and blogs revolves around employees communicating by e-mail with their lawyers while on the clock and the extent to which such communications may be privileged.
4 minute read
May 23, 2002 |

Committee Fights for Equal Access to Justice

The legal rights of persons with disabilities committee (LRPWDC) is a committee of the public interest section of the Philadelphia Bar Association. The committee's members are a diverse group of practitioners specializing in, and committed to, representin
5 minute read
November 04, 2011 |

Deputy's Right to Privacy Determined to Outweigh Gov't Interest

When is filming your female subordinate while in various states of undress a constitutional violation? That was the issue the 3rd U.S. Circuit Court of Appeals grappled with in its Oct. 12 opinion in Doe v. Luzerne County.
7 minute read
March 29, 2011 |

U.S. Supreme Court Says a Complaint Is a 'Complaint'

According to the U.S. Supreme Court, a complaint is a "complaint" whether made orally or in writing. An opinion authored by Justice Stephen Breyer, Kasten v. Saint-Gobain Performance Plastics Corp., addressed the issue of whether the Fair Labor Standards Act (FLSA) protects employees from retaliation for making oral complaints.
5 minute read
May 04, 2011 |

Justices Agree to Hear Bias Case, 'Ministerial Exception' Issue

As a general matter, courts try to stay out of employment discrimination cases filed against religious organizations. Originally, Title VII of the Civil Rights Act of 1964 shielded religious organizations from religious discrimination claims by employees.
6 minute read
June 24, 2011 |

Court Affirms $187.6 Mil. Verdict Against Wal-Mart for Missed Breaks

The Superior Court of Pennsylvania upheld a class action award of $187.6 million against Wal-Mart and Sam's Club in favor of 187,000 hourly employees employed by the companies in Pennsylvania between 1998 and 2006.
4 minute read
September 27, 2011 |

ABA Opinions Clarify Ethical Obligations in E-Mail Interception

One of the "trending" topics in employment law circles and blogs revolves around employees communicating by e-mail with their lawyers while on the clock and the extent to which such communications may be privileged.
4 minute read
August 30, 2011 |

Internal Review Does Not Relieve Employer of 'Cat's Paw' Liability

Applying the recent U.S. Supreme Court precedent from Staub v. Proctor Hospital, a unanimous 3rd U.S. Circuit Court of Appeals decision determined that an internal and supposedly independent disciplinary review of an employee does not necessarily protect the employer from liability for a supervisor's unlawful discrimination.
5 minute read
August 26, 2011 |

Internal Review Does Not Relieve Employer of 'Cat's Paw' Liability

Applying the recent U.S. Supreme Court precedent from Staub v. Proctor Hospital, a unanimous 3rd U.S. Circuit Court of Appeals decision determined that an internal and supposedly independent disciplinary review of an employee does not necessarily protect the employer from liability for a supervisor's unlawful discrimination. This is commonly known as the "cat's paw" theory of liability.
5 minute read

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