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Publication Date: 2023-10-02
Practice Area: Labor Law
Industry: Food and Beverage | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Lloret
Attorneys: For plaintiff:
for defendant:
Case Number: 23-cv-01117-RAL
Post-employment conduct could not give rise to a Fair Labor Standards Act retaliation claim where there was no allegation that the retaliatory conduct had an adverse effect on former employee's future employment opportunities. Defendants' motion to dismiss granted in part and denied in part.
Publication Date: 2023-09-25
Practice Area: Labor Law
Industry: Manufacturing | Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 23-754
Court quashed subpoena issued to plaintiff employee's new employer where the subpoena sought information already provided by the employee and where defendant employer had failed to establish a reasonable likelihood that other information existed. Plaintiff's motion to quash subpoena granted.
Publication Date: 2023-09-25
Practice Area: Labor Law
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1560
Court approved Fair Labor Standards Act settlement since it mitigated employee's risk of losing the case at trial due to employer's statutory defense to overtime claim. Parties' motion for approval of settlement granted.
Publication Date: 2023-09-18
Practice Area: Labor Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Dodge
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22-cv-0304
Defendant moved for summary judgment in plaintiff's title VII action asserting discrimination and retaliation in his not being promoted and court found defendant presented a legitimate, non-discriminatory reason and plaintiff produced no evidence of pretext. Motion granted.
Publication Date: 2023-09-18
Practice Area: Labor Law
Industry: Education | Health Care
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 2:20-cv-1952
Defendant university moved to dismiss plaintiff's title VII and Pennsylvania Human Relations Act retaliation claims over adverse employment actions after he published an article criticizing programs to increase the percentage of underrepresented races and ethnicities in the profession and court dismissed the claims as they related to any statements plaintiff made in the article but found his claims based on statements he made in a meeting with his supervisors should proceed to discovery. Motion granted in part and denied in part.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri, Bret Weatherford
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Publication Date: 2023-09-11
Practice Area: Labor Law
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1613
District court erred in granting summary judgment in oil workers' FLSA action seeking compensation for time spent changing into and out of safety gear and court found the Second Circuit test the district court applied was too narrow, there were genuine factual disputes including whether changing was required by law, employer's rules or the nature of the work, whether it was industry custom to change onsite and whether it took more than a de minimis amount of time. Vacated and remanded.
Publication Date: 2023-09-11
Practice Area: Labor Law
Industry: Education | Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 55 C.D. 2022
Claimant appealed an order of the Workers' Compensation Appeal Board affirming a workers' compensation judge's decision reducing his weekly WC benefits on the ground that he had recovered fully from one of his work-related injuries. The court reversed the Board's order to the extent it affirmed the WCJ's reduction of claimant's benefits.
Publication Date: 2023-09-04
Practice Area: Labor Law
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3276
Canadian employee's claims under the Fair Labor Standards Act and Pennsylvania Minimum Wage Act failed where employee exclusively worked in Canada. Defendant's motion for partial summary judgment granted in part and denied in part.
Publication Date: 2023-09-04
Practice Area: Labor Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 23-294
Age/gender discrimination and retaliation complaints were dismissed where employee could not prove that employer's non-discriminatory selection of candidates with more recent experience was pretext for discrimination/retaliation. Defendant's motion for summary judgment granted.
Publication Date: 2023-08-28
Practice Area: Labor Law
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: Justin L. Swidler, Swartz Swidler, Haddonfield, NJ for appellants.
for defendant: Kimberly Cheeseman, Michael C. Crow, Katherine D. Mackillop, Norton Rose Fulbright, Houston, TX for appellees.
Case Number: 22-1613
Court adopted test to determine whether employer required clothing or protective/safety gear was integral to an employee's job duties, which included factors such as the location of changing, whether government regulations required the clothing/gear, and the type of clothing or gear involved.
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