In Bethany v. SEIU PA State Council, the 3rd Circuit dealt with the United States Supreme Court’s fair-share ruling in Janus v. AFSCME Council 31, 138 S. Ct. 2448 (2018). In Janus, the Supreme Court ruled that unions may not deduct fees from non-union members, the so-called “fair share fee”. Bethany LaSpina was just such … Read more
In Branch v. Cream-O-Land Dairy, an employee sued his employer under the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a to -56a38 because the employee thought he was entitled to certain overtime wages. But the employer invoked a defense under N.J.S.A. 34:11-56a4(f). That statutory defense is available to “trucking industry employers” who relied in good … Read more
In the case of In re Officer Diguglielmo, the New Jersey Institute of Technology terminated the officer’s employment because of alleged non-criminal conduct. The NJ Appellate Division concluded that N.J.S.A. 40A:14-150 precluded him, as a non-municipal police officer, from availing himself of the special disciplinary arbitration process administered by the Public Employment Relations Commission.
In Watters v. Bd. of Sch. Dir. of the City of Scranton, the 3rd circuit assumed for argument’s sake that Section 1983 provides for a private right of action for a purported violation of the Contracts Clause. The Court then moved on to determine whether a 2017 amendment to Pennsylvania’s Public School Code violated the tenure … Read more
In Flansman v. Jenny Craig, Inc., the NJ Supreme Court enforced an arbitration agreement that did not name an arbitrator, designate an arbitration organization to conduct the proceeding, or set out a process to do so. The Court found that the agreement clearly and unmistakably informed the parties that they must submit to arbitration for any … Read more
In In re Ridgefield Park Bd. of Educ., the NJ Supreme Court ruled N.J.S.A. 18A:16-17.2 mandates that, when employees of local school boards reach Tier 4 contribution levels in their first year of a collective negotiating agreement, they must continue to contribute at that level until they negotiate a successor negotiating agreement.
In Hocutt v. Manda Supply Co., the Appellate Division affirmed an order granting summary judgment. Because the plaintiff was a “special employee,” the exclusive remedy for his workplace injury was workers’ compensation. Moreover, the defendant’s alleged conduct was not excepted from workers’ compensation because the conduct was not sufficiently egregious to rise to the level … Read more
In Renner v. Court of Common Pleas of Lehigh Co., the PA Supreme Court held that application of the Pennsylvania Human Relations Act (“PHRA”) to the judiciary and its employees infringes upon this Court’s ability to administer the courts, promulgate rules and policies, and supervise its employees, and, thus, violates separation of powers principles.
In Arafa v. Health Express Corp., the New Jersey Supreme Court held that when the Federal Arbitration Act exempts a contract from arbitration, the state analog — the New Jersey Arbitration Act — may still apply and the FAA does not preempt the NJAA.
Harrison sued her former employer alleging retaliation pursuant to Pennsylvania’s Whistleblower Law. The trial court dismissed the suit, holding that the claim was improperly filed, because, since Harrison was not a member of a protected class, the claim should have been filed pursuant to the Pennsylvania Human Relations Act (PHRA). The PA Supreme Court affirmed the Superior … Read more