The New Jersey Supreme Court considered whether an employee’s claim that her subordinate’s gender bias influenced her employer’s decision to terminate her, in violation of the Law Against Discrimination (LAD), was sufficient to proceed to trial. Plaintiff filed a complaint asserting that the Council released her based on her gender…
The New Jersey Supreme Court considered whether an employee’s claim that her subordinate’s gender bias influenced her employer’s decision to terminate her, in violation of the Law Against Discrimination (LAD), was sufficient to proceed to trial. Plaintiff filed a complaint asserting that the Council released her based on her gender in violation of the LAD.… Continue reading Meade v. Twp. of Livingston
The Third Circuit affirmed the District Court’s grant of summary judgment in this suit, which was “the culmination of a history of conflict and animosity that has unfortunately characterized the relationship between Care One and the Unions.” Care One sued the Unions for damages arising from actions that Care One alleged amounted to a pattern… Continue reading Care One Mgmt., LLC v. United Healthcare Workers East
The Pennsylvania Commonwealth Court reversed the Workers’ Compensation (WC) Appeal Board’s (Board) order that denied a Claim Petition for WC (Claim Petition). Claimant filed the Claim Petition, seeking WC benefits for Reactive Airways Dysfunction Syndrome. The WCJ granted the Claim Petition for medical bills only, declaring that Claimant met his burden of proving that his… Continue reading DiLaqua v. Phila. Fire Dept.
The Pennsylvania Supreme Court reversed the Commonwealth Court’s order that declared money received in a settlement from an age-discrimination suit should not be included in that employee’s retirement benefit calculation. The Supreme Court ruled that the lower court disregarded the Retirement Code’s statutory definition of “compensation” and instead deferred to the intent of the settling… Continue reading Whalen v. Public Sch. Emp. Ret. Bd.
The plaintiff sued her former employer for age and disability discrimination and alleged that the company failed to accommodate her disabilities. This District Court granted summary judgment, and the Third Circuit affirmed. The plaintiff had a seizure disorder and breast cancer. She worked at AT&T and was placed in the company’s layoff procedure when her… Continue reading Fowler v. AT&T
These consolidated cross-appeals between an employer and employees resulted from the parties’ differing interpretations of the benefits policy on vacation and personal leave. The employees argued that they earned leave benefits throughout 2001 but did not obtain the right to use them until January 1, 2002, and were not compensated for them before the employer… Continue reading Harley v. Healthspark Found.
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 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
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
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