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Weekly Caselaw Updates

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In re Citizens Bank, N.A.

Civil procedure gone awry. Twelve mortgage loan officers claimed that Citizens Bank forced them—and more than a thousand of their colleagues—to work over forty hours a week without paying them the overtime they were due. They filed a single complaint bringing a collective action under the Fair Labor Standards Act…

In re Citizens Bank, N.A.
3rd Circuit

Civil procedure gone awry. Twelve mortgage loan officers claimed that Citizens Bank forced them—and more than a thousand of their colleagues—to work over forty hours a week without paying them the overtime they were due. They filed a single complaint bringing a collective action under the Fair Labor Standards Act (FLSA) and parallel state law… Continue reading In re Citizens Bank, N.A.

In re City of Newark
New Jersey Appellate Division

In an opinion ripped from the headlines, the New Jersey Appellate Division dealt a decisive blow to anti-vaxxers. The Mayor of Newark issued an executive order mandating that all city employees receive Covid-19 vaccines. Any employee who failed to comply could be fired. The Newark Police Superior Officers’ Association and eight other unions filed unfair… Continue reading In re City of Newark

Salsberg v. Mann
Pennsylvania Superior Court

An en banc panel of the Pennsylvania Superior Court reviewed an order from the Court of Common Pleas that granted the defendants’ motion for summary judgment on a claim for intentional interference with her at-will employment contract. The plaintiff was a salaried accountant for Drexel University but was fired due to her performance. She sued… Continue reading Salsberg v. Mann

Clews v. Cty. of Schuylkill
3rd Circuit

Three former Deputy Coroners sued their employer, the County of Schuylkill, claiming the County violated the Fair Labor Standards Act (“FLSA”) by failing to pay them overtime and then firing them in retaliation for seeking overtime pay. The District Court granted summary judgment in favor of the County, concluding that Plaintiffs were personal staff of… Continue reading Clews v. Cty. of Schuylkill

Pritchett v. State
New Jersey Supreme Court

This appeal concerned the standards to be applied by a trial court when reviewing a jury award of punitive damages against a public-sector defendant. Plaintiff worked for one of New Jersey’s juvenile correctional facilities when she was diagnosed with multiple sclerosis. Her second request for unpaid leave was denied, and her supervisor refused to explain… Continue reading Pritchett v. State

Amazon, Inc. v. Amazon, Inc. (In re Amazon, Inc.)
Pennsylvania Supreme Court

This case arose out of a class-action suit for unpaid wages brought by employees at an Amazon warehouse. The employees claimed they were entitled to compensation under the Pennsylvania Minimum Wage Act (“PMWA”) for their unpaid time spent in a security screening process. After Amazon removed the case to the United States District Court for… Continue reading Amazon, Inc. v. Amazon, Inc. (In re Amazon, Inc.)

Dondero v. Lower Milford Twp.
3rd Circuit

Dondero, the chief of police, sued after the Township closed the police department he worked for. He alleged retaliation in violation of the First Amendment and violations of substantive and procedural due process. The District Court granted summary judgment for the Township. On appeal, Dondero contended he was entitled to a hearing before the Township… Continue reading Dondero v. Lower Milford Twp.

Zilberberg v. Bd. of Tr.
New Jersey Appellate Division

A teacher took out a loan against her pension. The pension fund was directed to withdraw payments from her paycheck to satisfy the loan automatically. The teacher resigned months later, and the regulations required the pension fund to automatically withdraw payments from her pension payouts to satisfy the loan. But through a glitch, the pension… Continue reading Zilberberg v. Bd. of Tr.

Rios v. Pharm., Inc.
New Jersey Supreme Court

The New Jersey Supreme Court ruled that a former employee could pass the summary judgment stage of a suit brought under the Law Against Discrimination by alleging that his supervisor twice called him a “Spick.” The Court reversed the trial court and Appellate Division, each of which had held that no rational factfinder could conclude… Continue reading Rios v. Pharm., Inc.

Cty. of Allegheny v. Workers’ Compensation Appeal Board (Butkus)
Pennsylvania Commonwealth Court

In Cty. of Allegheny v. Workers’ Compensation Appeal Board (Butkus), the Pennsylvania Commonwealth Court reviewed an order of the Workers’ Compensation Appeal Board, which granted Butkus’s Petition to Modify Compensation Benefits (Modification Petition) in which he sought to change his partial disability status to total disability. The Court first held that the legislature intended to… Continue reading Cty. of Allegheny v. Workers’ Compensation Appeal Board (Butkus)