On March 25, 2015, the U.S. Supreme Court, in a suit by former employee Peggy Young under the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k) (“PDA”), sent the issue of whether UPS had a “legitimate, nondiscriminatory, nonpretextual justification” for treating employees differently back to the 4th Circuit. Young claims UPS violated the PDA by improperly denying… Read more »
P. Brennan Hart will be moderating the presentation,” Legal Briefing: A Survey of Employment Practices Law and Insurance Practices Bad Faith” in Kansas on March 11, 2015. Phillip R. Earnest and Christopher E. Ballod will present “Survey of the Interplay Between Unfair Insurance Practices Acts and Bad Faith Litigation.” Presented at: AIG 17200 West 119th… Read more »
The U.S. Supreme Court continues to tackle labor and employment issues. Employers must be ready to react as the decisions roll out. Young v. UPS, No. 12-1226 Issue: Whether the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k) (“PDA”), requires an employer to provide work accommodations to pregnant employees who are “similar in their ability or inability… Read more »
On July 1, 2014, the Supreme Court agreed to hear an appeal from the Fourth Circuit Court of Appeals in Young v. United Parcel Service, Inc., a case brought by a former UPS delivery driver who claims UPS violated the Pregnancy Discrimination Act (“PDA”) contained in Title VII, when it improperly denied her request for light… Read more »
PITTSBURGH and PHILADELPHIA, PA – William Pietragallo, II, founding partner of the law firm of Pietragallo Gordon Alfano Bosick & Raspanti, LLP was selected as a Pittsburgh Top 50 Lawyer by Super Lawyers 2014. Mr. Pietragallo was recognized for his work in Business Litigation. Marc S. Raspanti, name partner in the firm, was selected as… Read more »
Recently, the EEOC and the FTC issued joint guidance to employers, employees, and applicants on the use of background checks. The pinnacle consideration is to ensure that specific individuals or groups are not unfairly targeted. Prior to conducting a background check, an employer must receive the employee’s or applicant’s written permission. The employer must reveal… Read more »
A recent decision by the Third Circuit Court of Appeals supports employers in reducing their litigation exposure when they have properly crafted and enforced safety policies. In Coleman v. Pennsylvania State Police, No. 13-3255, 2014 WL 1064379 (3d Cir. Mar. 20, 2014), the court affirmed a ruling in favor of the Pennsylvania State Police (“PSP”) against… Read more »
Daniel J. McGravey and Sarah R. Lavelle will present “Managing Employees’ Bad Habits and Crafting Effective Wellness Programs” at PBI’s Employment Law Institute on April 25, 2014 in Philadelphia, PA.
Under the Fair Labor Standards Act (“FLSA”), multiple corporations may be considered a worker’s joint employer. A joint employer relationship can exist where one employer controls, is controlled by, or is under common control with the other employer. In such situations, each joint employer may be held liable for the other’s violations of the FLSA…. Read more »