Philadelphia Business Lawyers: Police and Fire CBA

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Interest Arbitration under Policeman and Fireman Collective Bargaining Act

“Policemen or firemen employed by a political subdivision of the Commonwealth or by the Commonwealth, through labor organizations or other representatives designated by fifty percent or more of such policemen or firemen, have the right to bargain collectively with their public employers concerning the terms and conditions of their employment, including compensation, hours, working conditions, retirement, pensions and other benefits, and have the right to an adjustment or settlement of their grievances or disputes in accordance to this Act.” 43 Pa. Stat. Ann. § 217.1 (West).

Collective bargaining may only begin at least six months before the start of the fiscal year of the political subdivision or of the Commonwealth, and any request for arbitration may only be made at least one hundred ten days before the start of said fiscal year. § 217.3. In public sector labor law, there are primarily two types of alternative dispute resolution processes: 1) interest arbitration and 2) grievance arbitration. Interest arbitration is the process by which the parties, through a neutral arbitrator or panel, create a collective bargaining agreement after the parties fail to reach an agreement. Contrarily, grievance arbitration occurs when the parties dispute the proper interpretation or application of provisions contained in an existing collective bargaining agreement. Id.

An interest arbitration award under the Policemen and Firemen Collective Bargaining Act may embrace only those issues which the submitting party has specifically raised in the notice of arbitration, or which are reasonably considered as included within those issues and not serve as a means to reopen the underlying agreement. Id. (citing 43 P.S. § 217.4) (emphasis added).

Invocation of the interest arbitration process under the Policemen and Firemen Collective Bargaining Act requires an impasse. The issues must be submitted to interest arbitration for contract formulation by the interest arbitration panel and the issues not so preserved, unless reasonably included within properly preserved issues, are beyond the scope of the interest arbitration process and will not be enforceable. Michael G. Lutz Lodge No. 5, of Fraternal Order of Police v. City of Philadelphia, No. 42 EAP 2014, 2015 WL 9284242 (Pa. Dec. 21, 2015) (citing 43 P.S. § 217.4).

For more information, call Philadelphia business lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.

Philadelphia Employment Lawyers: Liability for Temp Employees

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A recent Third Circuit decision overhauled previous notions of non-liability for temporary employees.  Typically, a temporary employee is thought to be the liability problem of the staffing agency that places the employee. The Third Circuit’s decision in Faush v Tuesday Morning, Inc. suggests otherwise. In this case, Plaintiff Matthew Faush and two other employees were ordered to clean up trash in the back of the store. When Faust complained about the assignment he was told by the store manager that minorities were not allowed to work in the front due to risk of theft. Faust was then fired shortly after. The district court decided that Faust was not an employer and could not be liable under the discrimination statutes.

The Third Circuit Court examined the factors and ruled that the company was liable for its temporary workers because it: indirectly paid Faush’s wages, had the power to demand replacement workers, gave assignments, and directly supervised the temporary workers.  Individuals employed by third party staffing firms may have a relationship not only with the staffing agency, but with employers as well, and that relationship should be closely examined when dealing with incidents involving liability. Individuals employed by staffing agencies should carefully review their contracts to ensure that such agreements provide adequate protection against potential adverse actions taken by the employer.

For more information, call Philadelphia employment lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.

Philadelphia Employment Lawyers: Philadelphia Uber Drivers Sue Uber for Wage Violations

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Ride-Sharing company Uber and its Philadelphia subsidiary Gegen LLC are named defendants in a class action lawsuit alleging violations of the Fair Labor Standards Act and Pennsylvania wage laws.  Plaintiffs include three Philadelphia UberBlack drivers filing on behalf of current and former Uber drivers. The drivers claim that Uber misclassified them as independent contractors instead of employees, thereby avoiding the need to pay Uber drivers hourly and overtime wages, as well as avoiding various state/city taxes.

UberBlack drivers are required to pay Uber 25% of their earnings as well as regulatory fees, vehicle payments and insurance premium payments. These payments that drivers need to make to Uber, Plaintiffs claim, endangers their ability to earn a living.  Plaintiffs also allege that since they are not classified as Uber employees, Uber is able to avoid providing any type of benefit to drivers as well as charging them for business expenses obtained by the company.

Plaintiffs are seeking injunctive relief requiring Uber to come into compliance with state, city and federal laws.

For more information, call Philadelphia employment lawyers at Sidkoff, Pincus & Green today at 215-574-0600 or contact us online.

Philadelphia Cab Company Sues Uber for $1.5 Million in Damages

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On January 08, 2016, CoachTrans, Inc., a Philadelphia-based cab company sued Uber Technologies, Inc. for tortious interference with a prospective business advantage, prima facia tort, and false advertising under the Lanham Act. Plaintiff is seeking at least $1.5 million in damages.

CoachTrans, which owns three cabs, has seen the value of its taxicab medallions, which are required by law for anyone who wants to operate a cab in Philadelphia, drop in net worth from $500,000 down to $80,000 following Uber’s rise in the city. The lawsuit alleges that by identifying itself as a “taxi” in commerce, Uber made a “false and misleading” statement to the public and such statement has caused and continues to cause “competitive or commercial injuries to Plaintiff.”

For more information, call Philadelphia business lawyers at Sidkoff, Pincus & Green today at 215-574-0600 or contact us online.

Philadelphia Employment Lawyers: OHSA- Tightening Policies and Increasing Penalties

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For the first time in 25 years, the Occupational Safety and Health Administration (OSHA) can significantly raise penalties. A small provision in the recently passed Bipartisan Budget Act will allow an increase in penalties of up to 82%. Today, the maximum penalty any employer can receive is $70,000. As these fine limits have been in place since 1990, many larger businesses could see these penalties as the cost of doing business, rather than as fines.

Recently, two local construction companies are facing tens of thousands of dollars in fines after OSHA issued citations when it was discovered that these companies where breaking strict safety polices. One violation included failure to report the hospitalization of a worker who fell 40 feet according to the US Department of Labor. The second company to violate the OSHA’s polices must pay $70,000 in penalties after a makeshift platform fell apart at the site of a residential development in West Chester according to the Occupational Safety and Health Administration. The worker who was injured suffered permanent damages included paralysis from the waist down.

For more information, call Philadelphia business lawyers at Sidkoff, Pincus & Green today at 215-574-0600 or contact us online.

Philadelphia Business Lawyers: Maker of “Fireball” Liquor Drops Trademark Infringement Lawsuit

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A federal lawsuit filed by the maker of the popular liquor Fireball Cinnamon Whisky (“Fireball”) against Jack Daniels for trademark infringement was dropped just before the New Year after an agreement was reportedly made between the two parties. Jack Daniel’s Tennessee Whiskey, which is owned by Brown-Forman, has seen large increases in sales since their cinnamon-flavored Tennessee Fire hit the shelves. In their November lawsuit, the owners of Fireball, Sazerac, accused Brown-Forman of violating their trademark by using the term “Fireball” in their Google advertisements.

According to Sazerac, when potential customers searched for their Fireball product on Google they were directed to advertisements for Brown-Forman’s Tennessee Fire product instead of Sazerac’s Fireball. The lawsuit accused Brown-Forman of using the term “Fireball” in their advertisements to create confusion amongst consumers in the market and to use the success of Sazerac’s product for their own financial gain.

The day before Brown-Forman was required to respond to the lawsuit, Sazerac filed a motion in a Kentucky federal court to drop their claims. Sazerac’s motion did not hint as to why the company was dropping the lawsuit, but a spokeswoman for the company said that the parties had come to an agreement regarding the dispute. Neither companies agreed to comment about the specific details of the reconciliation.

Sazerac’s lawsuit had asked the federal court to stop Brown-Forman from using their trademarked term “Fireball” as keywords in their online marketing campaigns and generally. Brown-Forman’s marketing campaign for Tennessee Fire, which the Louisville-based company expanded across the country in 2014 and 2015, has been largely successful. Brown-Forman’s second-quarter earnings report for 2015 indicated that a seven percent increase in sales for the Jack Daniel’s family of whiskey was made possible by the success of Tennessee Fire. The report also held Tennessee Fire responsible for a three percent expansion in total net sales for the first six months of 2015.

Since entering the whiskey market in the late 1990’s, Sazerac has caused concern and disruption to Brown-Forman. When it comes to cinnamon-flavored whiskey, Fireball dominates Jack Daniel’s Tennessee Fire and Jim Beam’s Kentucky Fire in sales. In 2014, Sazerac sold $130.7 million worth of Fireball while Jack Daniels and Jim Beam only sold $43.7 million and $22.5 million respectively of their cinnamon-flavored whiskey. Although Brown-Forman is still the market leader with 12 percent of all whiskey sales in the United States, Sazerac has caused the company to increase their marketing campaigns and compete for sales.

Philadelphia Business Lawyers at the Law Offices of Sidkoff, Pincus & Green Regularly Represent Companies Whose Trademark Has Been Infringed Upon

The experienced Philadelphia trademark infringement lawyers at Sidkoff, Pincus & Green serve clients in complex trademark infringement cases. Our seasoned Philadelphia business lawyers have served as counsel for thousands of companies in every kind of business matter. This broad range of experience in all types of business matters has given our team of lawyers the opportunity to fine-tune their knowledge of specific legal areas such as trademark infringement. Call us at 215-574-0600 for a consultation or contact us online.

Philadelphia Business Lawyers Discuss Outcome of JP Morgan Shareholder Dispute

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The 2nd U.S. Court of Appeals recently ruled in favor of JPMorgan Chase & Chief Executive Officer, Jamie Dimon, clearing him and other bank officials of conducting a poorly run investigation into the 2012 trading scandal known as “London Whale.” The court said that the plaintiff, Ernesto Espinoza, did not show sufficient evidence to prove that JPMorgan acted negligently, or that bank officials publicly downplayed the company’s losses of $6.2 billion.

Bruno Iksil, the man responsible for JPMorgan’s losses in its chief investment office, made such enormous bets that he became known as the “London Whale” in financial circles.

According to Chief Judge Robert Katzman, JPMorgan conducted an extensive investigation into Iksil’s questionable wagers and took steps to make some of the changes requested by Espinoza, including pay cuts and improved controls. Katzman also said that it is not the court’s place to question board decisions, nor is JPMorgan under any obligation to provide Espinoza with any further details about their decisions surrounding the “London Whale” investigation.

The appeals court revisited the case after consulting the Delaware Supreme Court on how to evaluate cases like this in the future.

In an effort to settle U.S. and British probes into Iksil’s misconduct, JPMorgan admitted wrongdoing and has paid over one billion dollars. Two former traders from the company have been charged with covering up losses that were linked to Iksil. Iksil, a French national, is cooperating with officials.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green Represent Clients in Shareholder Disputes

 If you are involved in a shareholder dispute, our Philadelphia business lawyers at Sidkoff, Pincus & Green have the experience and resources to provide you with top-notch legal representation. Call us today at 215-574-0600 or contact us online for a confidential consultation. Our offices are conveniently located in Philadelphia, Pennsylvania.

Philadelphia Business Lawyers: Pittsburgh Paid Sick Leave Act Ruled Invalid

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Less than six months after being signed into law, the Court of Common Pleas of Allegheny County has ruled that the Paid Sick Leave Act is invalid and unenforceable. The law required employers to provide employees a minimum of one hour of paid sick time per thirty-five hours worked, with the minimum accrual dependent upon the number of employees.

Plaintiffs claimed that the city does not have the authority to enact the ordinance under what is known as the “Home Rule Charter and Optional Plans Law”. This law states that a “home rule municipality, such as Pittsburgh, ‘shall not determine duties, responsibilities or requirements placed upon businesses, occupations and employers’ unless expressly provided by statutes”.  The Court determined that the Act did just that, in violation of the Home Rule Charter and Optional Plans Law. As a result of this case, companies with operations in Pittsburgh need not update their sick and paid leave policies.

For more information, call Philadelphia business lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.

Philadelphia Business Lawyers: “Cadillac Tax” Delayed until 2020

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On December 18, 2015, President Obama approved a spending and tax package that includes a two-year delay of the so-called “Cadillac Tax”. This tax will impose a forty percent excise tax group health plans to the extent their total annual premium costs exceed $10,200 for single coverage and $27,500 for family coverage. This tax is intended to motivate employers and carriers to find a way to reduce the costs of employee health coverage.

For more information, call Philadelphia business lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.

Philadelphia Business Lawyers: Elements of Defamation in Pennsylvania

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Defamation is a tort that holds individuals liable for false statements, spoken or written, which harm the reputation of another.  In general, a defamation complaint must be sufficient to identify the accused defamer and outline the circumstances of the publication of the false statements.  The tort protects public figures as well as private individuals and is interpreted under state law.  The statute of limitations is one year for bringing an action for defamation.

In Pennsylvania, the elements of the tort are outlined in the Uniform Single Publication Act (USPA).  The burden is initially on the Plaintiff to prove each element: 1. The defamatory character of the communication, 2. Its publication by the Defendant, 3. Its application to the Plaintiff, 4. The recipient’s understanding of its defamatory meaning, 5. The recipient’s understanding of it as intended to be applied to the Plaintiff, 6. Special harm resulting to the Plaintiff from the publication (actual damages that are economic or pecuniary). 7. Abuse of a conditionally privileged occasion (the publication was not reasonably necessary due to common interests).

For more information, call Philadelphia business lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.