In its July 3, 2012 opinion, Thomas v. Bala Nursing & Retirement Center, 2012 WL 2581057 (E.D. Pa. 2012), the U.S. District Court for the Eastern District of Pennsylvania held that an employer must initiate an interactive process with an employee who informs the employer of a medical condition affecting his or her ability to perform their job, even when the… Read more »
The United States Supreme Court began its 2012-2013 term earlier this month. There are several cases involving employment related issues before the Court: SCOPE OF SUPERVISOR LIABILITY UNDER TITLE VII: In Vance v. Ball State University, No. 11-556, Vance sued her employer for violation of Title VII alleging hostile work environment and retaliation among other claims. The… Read more »
Pam G. Cochenour will make a presentation at the 2012 Pittsburgh Human Resources Association Annual Conference held in Pittsburgh, PA.
On August 17, 2012, the federal district court for the Western District of Pennsylvania denied a claim by two former security officers to certify a class action under the Fair Labor Standards Act (“FLSA”) against the firm’s client, Guardsmark, LLC. In Hall and McCombs v. Guardsmark, No. 11-213, 2012 WL 3580086 (W.D. Pa. August 17, 2012),… Read more »
Pam G. Cochenour will make a presentation on HR Law at the 2012 Pittsburgh Legal Administrators Association Education Conference held in Pittsburgh, PA. Related Information: For more information on the program, please click here.
Recently, in WEC Carolina Energy Solutions LLC, v. Willie Miller, et al., the U.S. Court of Appeals for the Fourth Circuit held that an employee’s misappropriation of his employer’s trade secrets is not a violation of the federal Computer Fraud and Abuse Act (“CFAA”). By adopting a narrow interpretation of the CFAA, the Court contributed to a… Read more »
Articles In This Issue: 1. Yours, Mine & Ours – Who Owns Social Media Information 2. When Does a University Own Rights to an Invention? 3. Mission “Impossible”: Recovering from Generic Prescription-Drug Manufacturers in the Wake of PLIVA, Inc. v. Mensing Related Information: Firm Newsletter, Summer 2012
The Fair Labor Standards Act (“FLSA”) requires employers to provide overtime compensation to non-exempt employees who work more than 40 hours a week. Under the FLSA, a single individual can be considered to be the employee of more than one employer. When such a joint employment situation exists, both employers are required to comply with… Read more »
On June 18, 2012, the United States Supreme Court issued its long-awaited decision in Christopher v. Smithkline Beecham Corp., –S.Ct.–, 2012 WL 2196779 (June 18, 2012), and held that the pharmaceutical sales representatives, also known as “detailers,” qualify as “outside salesmen” under the Fair Labor Standards Act (“FLSA”), and thus, they are not entitled to overtime… Read more »