Articles In This Issue: 1. The Fundamentals of Intellectual Property 2. Circuit Split Narrowed in Favor of Employees With Disabilities Regarding Whether ADA Reassignment Requires Preferential Treatment 3. The Superior Court’s Decision in Patton v. Worthington Sounds Death Knell for Statutory Employer Defense and Elevates Construction Costs Throughout the Commonwealth 4. Pennsylvania Product Liability Law Remains Unsettled… Read more »
In December 2012, the United States Supreme Court considered several cases of interest to all employers: On December 26, 2012, the Court rejected a request by Hobby Lobby Stores for temporary injunctive relief from a $1.3 million per day fine for not complying with the Patient Protection and Affordable Care Act (“the Act”) Hobby Lobby Stores, Inc. v. Sebelis, 133… Read more »
Background In A.D.P. v. ExxonMobil Research and Engineering Co., 54 A.3d 813 (N.J. Super. A.D. 2012), a 29-year employee disclosed that she was an alcoholic and that she intended to check into rehabilitation. ExxonMobil had in place an Alcohol and Drug Use Policy (the “Policy”) which stated that “being unfit for work because of use of… Read more »
A New York company violated federal labor law by firing an employee who made vulgar and sexually offensive comments during the run-up to a union-decertification vote, the National Labor Relations Board (“NLRB”) has ruled. The decision, Fresenius USA Mfg., Inc. & Int’l Bhd. of Teamsters, Local 445, 358 NLRB No. 138 (Sept. 19, 2012), carries important implications… Read more »
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 »