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May 25, 2018 | The Legal Intelligencer

Decision Leaves Fate of Employee Class Actions to Congress and the Court of Public Opinion

It has been perhaps a disorienting couple of weeks for those keeping track of where, and how, employers can be sued by their employees. Take, for example, the May 10 step toward transparency in the #MeToo era by Uber Technologies, Inc. (Uber), which announced that it will not push for individual sexual harassment and assault claims to be determined through private arbitration proceedings going forward.
6 minute read
April 26, 2018 | The Legal Intelligencer

Decrying 'Culture of Sexual Harassment at Fox News,' Judge Allows Case to Proceed

A federal judge in New York City issued a decision on April 24 allowing a discrimination and retaliation lawsuit to go forward on behalf of a former guest commentator against Fox News, see Hughes v. Twenty-First Century Fox, Case No. 1:17-cv-07093-WHP (S.D.N.Y Apr. 24, 2018).
7 minute read
April 02, 2018 | The Legal Intelligencer

Would the Stormy Daniels NDA Be Enforceable Under Pennsylvania Law?

By now, who has not heard the name Stormy Daniels? Yes, the adult film star who will forever be linked to President Donald J. Trump. With so much news regarding nondisclosure agreements (NDAs), it got this writer to thinking about the enforceability of NDAs in our state.
9 minute read
February 22, 2018 | The Legal Intelligencer

Court Refuses to Dismiss Case as Untimely Where No Rational Argument for Dismissal Is Found

As any practitioner knows, there are going to be times in your career where your opponent thinks they have you dead to rights. A “gotcha” moment, if you will. We have all been there, chest puffing, brooding with confident that no court in the world could see things any other way but your way.
5 minute read
January 25, 2018 | The Legal Intelligencer

Age Discrimination and Facebook: Micro-Targeting Comes Under Fire

Fifty years ago, the Age Discrimination in Employment Act (ADEA) was enacted to prohibit and eradicate systemic age discrimination that aging workers faced in the workplace.
6 minute read
November 30, 2017 | The Legal Intelligencer

Court Revives Gender Discrimination Claim Based on Spouse's Jealousy

With the recent spate of sexual harassment and sexual misconduct cases populating the cable news and talk radio airwaves we decided to take a closer look at two recently decided cases.
6 minute read
October 26, 2017 | The Legal Intelligencer

Foreman Who Controlled Employee's Hours 'Supervisor' Under Title VII

In Moody v. Atlantic City Board of Education, No. 16-4373 (3d Cir. Sept. 6), the U.S. Court of Appeals for the Third Circuit reversed summary judgment for an employer based on an elastic and expansive interpretation of just who constitutes a "supervisor" in a hostile work environment case.
7 minute read
August 24, 2017 | The Legal Intelligencer

Court Revives Dancers' Claims Holding Arbitration Agreement Unenforceable

Picture this working scenario. You are lucky enough to have a job where you are required to pay your employer just to work. A fee that you pay just for showing up. You pay for everything from the uniform you are required to wear, to the locker you use to safeguard your ­valuables, to tipping everyone else before you ever collect a dime in wages. Now, also ­imagine that if you are late to work, late for your shift, or have to leave early (even if for an emergency), you pay a fine to your employer.
7 minute read
July 31, 2017 | The Legal Intelligencer

Potential Litigation Uptick Seen From 3rd Circuit's Workplace Slur Ruling

In the wake of a federal appeals court's holding that a single slur uttered in the workplace may establish a hostile work environment claim, attorneys are expecting to see an uptick in lawsuits.
5 minute read
July 26, 2017 | The Legal Intelligencer

Noble Step for Transgender Employees Protected Under the ADA

In 1980, the American Psychiatric Association added "Gender Identity Disorder" to its third volume of the Diagnostic and Statistical Manual (DSM). Affecting approximately 0.014 percent of transgender persons, gender identity ­disorder or gender dysphoria is defined by the DSM as persistent cross-gender identification coupled with clinically significant distress in social, occupational or other important areas in functioning.
5 minute read

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