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June 22, 2017 | The Legal Intelligencer

Is Medical Marijuana Use Becoming a Protected Class Under State Laws?

Few topics these days are blazing as brightly as the issue of ­medical ­marijuana. In April 2016, Pennsylvania became the 24th state to legalize the use of marijuana for medicinal purposes. Used to treat an enumerated list of "serious medical conditions" including epilepsy, multiple sclerosis and ­cancer, Pennsylvania lawmakers have emphasized the scientific research supporting the ­improvements made in patients suffering extreme and debilitating symptoms.
5 minute read
May 26, 2017 |

Court: Single Use of Racial Slur Enough to Create Hostile Work Environment

At issue in the case of Daniel v. T&M Protection Resources, Case No. 15-560 (2d Cir. April 25), was whether a single, offensive comment was sufficient to overcome summary judgment on the plaintiff's hostile work environment claim.
12 minute read
March 27, 2017 |

Post-Employment Retaliation Is Actionable Under the ADEA

Losing a job is painfully awful. For anyone who has been fired, one of the last things you want to worry about is your former employer fighting your unemployment. Chances are, if that ­happens, you are likely going to need to hire a lawyer. The process will get prolonged. You may not prevail. The list of reasons goes on and on.
11 minute read
February 24, 2017 |

Court Says No to Motion to Compel Employees' Cellphone, GPS Data

It is not often that courts write full ­opinions concerning discovery disputes. The simple, and perhaps obvious, reason is that most disputes are resolved through ­informal discussion and good-faith ­interaction, as contemplated by both the federal and local rules of civil procedure. Since the introduction of e-discovery rules and, more recently, the relevance and ­proportionality rules, we are seeing more written opinions concerning discovery.
11 minute read
January 26, 2017 |

Sharing Employee's Private Medical Info Leads to Lawsuit

The disclosure of confidential medical information can be a real thorn in the side of employers. While there are a myriad of laws protecting an employee's right to keep their medical information private in the workplace, preventing the spread is what can be troublesome. In some instances, employees will volunteer information about their medical condition to co-workers and even to managers and supervisors. In other cases, employees safeguard their private issues and dread disclosure at all costs.
12 minute read
December 27, 2016 |

Businesses Will No Longer Be Able to Ask Applicants About Prior Salary

The city of Philadelphia may soon be delivering a Christmas present to its workers who are the victims of unequal pay. On Dec. 8, Philadelphia City Council unanimously passed the "wage equity ordinance" (Bill No. 160840, as amended Nov. 22). Mayor Jim Kenney has publicly championed his approval of the ordinance that he will eventually sign into law. Once passed, the bill will amend the Philadelphia Fair Practices ordinance and go into effect within 120 days of ­passage. The bill is being lauded for making it unlawful for an employer or employment agency to ask an applicant about his wage history or require disclosure of such information, including what he earns at his ­current employer.
9 minute read
December 27, 2016 |

Businesses Will No Longer Be Able to Ask Applicants About Prior Salary

The city of Philadelphia may soon be delivering a Christmas present to its workers who are the victims of unequal pay. On Dec. 8, Philadelphia City Council unanimously passed the "wage equity ordinance" (Bill No. 160840, as amended Nov. 22). Mayor Jim Kenney has publicly championed his approval of the ordinance that he will eventually sign into law. Once passed, the bill will amend the Philadelphia Fair Practices ordinance and go into effect within 120 days of ­passage. The bill is being lauded for making it unlawful for an employer or employment agency to ask an applicant about his wage history or require disclosure of such information, including what he earns at his ­current employer.
9 minute read
November 22, 2016 |

When Is an Employee Not an Employee for Purposes of the Pa. WPCL?

When is an employee not an ­employee for purposes of the Pennsylvania Wage Payment and Collection Law (WPCL), 43 Pa. Cons. Stat. Section 260.1? More specifically, when is the company's executive vice president, hired as a senior member of the ­company's ­management team, who is to receive $140,000 per year, plus $400 per month in ongoing expenses as a base salary, plus participation in the company's benefits package, not an employee? That was the question raised in a recent case filed in the Eastern District of Pennsylvania in Weber Miller v. Cerebain Biotech, No. ­16-cv-03943 (E.D. Pa. Nov. 8).
11 minute read
November 03, 2016 |

Paralegal Settles Wage Claims Against Messa & Associates

A former paralegal at personal injury firm Messa & Associates has reached a $7,500 settlement of her claims against the firm over alleged unpaid overtime wages.
9 minute read
October 27, 2016 |

Employee Need Not Be Pregnant to Pursue Pregnancy Discrimination Claim

It is not very often that courts have to grapple with a claimant's inclusion in a protected class. The idea of the ­aggrieved individual having an "immutable characteristic" is one of the hallmarks of Title VII since the Civil Rights Act was enacted in 1964. Thus, a recent case under the Pregnancy Discrimination Act (PDA), Snider v. Wolfington Body, Case No. 2:16-cv-02843 (E.D. Pa. Oct. 17, 2016), challenging an employee's eligibility for protection under the law has raised a few eyebrows.
12 minute read