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Publication Date: 2024-03-01
Practice Area: Labor Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 23-0263
Court erred in dismissing religious failure to accommodate claim where employee presented prima facie evidence that she had a religiously connected, sincerely held objection to receiving COVID-19 vaccines. Defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2024-02-23
Practice Area: Labor Law
Industry: Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 21-5280
Family and Medical Leave Act interference claim was plausible where there were genuine issues of material fact as to whether proposed reassignment following return from leave was substantially equivalent to prior role. Defendants' motion for summary judgment granted in part and denied in part, plaintiff's motion for partial summary judgment denied.
Publication Date: 2024-02-23
Practice Area: Labor Law
Industry: Education | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1937
Defendant school district moved to dismiss claimant's title VII and Pennsylvania Human Relations Act complaint alleging race discrimination and retaliation and court found claimant had not satisfied the PHRA's exhaustion requirements but did satisfy title VII's administrative prerequisites, claimant sufficiently alleged an employment relationship with defendant and staffing agency was not a necessary party. Motion dismissed.
Publication Date: 2024-02-13
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Matey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2374
Plaintiff appealed the grant of summary judgment to defendant, plaintiff's former employer, on her claims of discrimination and retaliation.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 457 C.D. 2021
Department properly assessed UC contributions and properly concluded that 27 of employer's cleaners were not independent contractors, the Construction Workplace Misclassification Act applied to employer and 10 construction workers were also not independent contractors. Affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 1201 C.D. 2022
Patrolling officer who fell asleep while driving was still acting in course of duties where the officer did not intentionally disregard work rules prohibiting sleeping on the job but inadvertently fell asleep after being mandated to work an overtime shift only a few hours after completing his regular shift. Arbitration award affirmed.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 131 C.D. 2023
Board erred in holding city refused to bargain with union when it refused to comply with union's overbroad information request because union did not show the probable or potential relevance of the information and board erred in finding city did not attempt to engage with union. Reversed.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: Chemicals and Materials | Consulting
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1208-1221 C.D. 2022
Pro se claimant petitioned for review of respondent's orders affirming denial of unemployment compensation benefits. The court affirmed, concluding that claimant was ineligible for UC benefits where he was properly characterized as an independent contractor rather than an employee.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1369 C.D. 2022
Union representative had same rights as employee to request private caucus when scope of employer's interview expanded to include additional potential discipline, as denying representative's right to speak during interview would effectively deny the employee's labor rights to representation. Order of the Pennsylvania Labor Relations Board affirmed.
Publication Date: 2024-01-29
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3096
Former union members' First Amendment objections to continued paycheck deduction of dues until contractual end date failed where such claims were governed by state contract law, with the First Amendment not providing the right to disregard contractual obligations. Orders of the district court affirmed.
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