In Sandifer v. U.S. Steel Corp., the Supreme Court held that time spent donning and doffing workplace gear by a class of U.S. Steel unionized employees was not compensable under the terms of the parties’ collective bargaining agreement. Sandifer and others filed a collective action under the Fair Labor Standards Act (“FLSA”), seeking backpay for time… Read more »
Proving the adage “no good deed goes unpunished,” the Sixth Circuit recently held that a voluntary transfer can be an adverse employment action. In Deleon v. Kalamazoo County Road Commission, et al., No. 12-2377 (6th Cir. Jan. 14, 2014), a superintendent of road maintenance with twenty-eight years of experience, applied for a vacant office position. Although not… Read more »
Substance and alcohol abuse is a serious workforce issue confronting employers. Ramifications range from absenteeism and reduced productivity to increased health care costs, workplace injuries and accidents. To combat substance abuse, employers should consider establishing a drug and alcohol-free workplace with a written policy. Employers also should consider utilizing return-to-work agreements. Under such agreements, an… Read more »
Pietragallo Gordon Alfano Bosick & Raspanti, LLP was recently named a Tier 1 Metro “Best Law Firm” in six practice areas by U.S. News – Best Lawyers® in 2014 for Pittsburgh and Philadelphia. The six practice areas are listed below: Commercial Litigation Labor & Employment Litigation Personal Injury Litigation – Defendants Workers’ Compensation Law – Employers… Read more »
Daniel J. McGravey and Sarah R. Lavelle will present, “Managing Employees’ Bad Habits and Crafting Effective Wellness Programs,” at an American Law Institute CLE in Philadelphia, PA on October 8, 2013. Related Information: Program Information
Employers have an obligation to exercise due diligence in determining not only who they hire, but also who they allow on their premises to perform work. This includes not only regular employees, but also independent contractors and other contingent workers, including freelancers, consultants and long-term temps. Employers have significantly increased their use of contingent workers… Read more »
In light of the U.S. Supreme Court’s decision in United States v. Windsor, which struck down certain provisions of the Defense of Marriage Act (“DOMA”), the U.S. Department of Labor (“DOL”) recently revised its regulations pertaining to the Family and Medical Leave Act (“FMLA”). Prior to the Windsor decision, in determining FMLA benefits, the DOL relied on Section… Read more »
As most employers know, complying with the Americans with Disabilities Act can be a challenge. That challenge promises to become more difficult with the release of the latest version of the manual universally recognized to identify and classify mental disorders – the Diagnostic and Statistical Manual of Mental Disorders, known as DSM-5. Newly identified mental… Read more »
Authored by: Matthew R. Wendler Yesterday, the U.S. Supreme Court issued two decisions arising under Title VII of the Civil Rights Act of 1964-defining “supervisors” narrowly and establishing that the lessened causation standard that applies in mixed-motive cases does not apply in cases brought under the anti-retaliation provision. Title VII of the Civil Rights Act… Read more »
In a recent ruling, the United States District Court for the Southern District of New York has found that an unpaid internship program concerning the production of the film “Black Swan” ran afoul of the Fair Labor Standards Act (“FLSA”). In Glatt v. Fox Searchlight Pictures Inc., the court found that the defendants improperly classified two… Read more »