Philadelphia Business Lawyers Discuss Pop Star’s Win in Passing Off Claim

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Another win for pop-star Rihanna, as a UK Court of Appeals upheld an earlier court’s decision to prohibit a T-shirt maker from the unauthorized use of the singer’s image. The original lawsuit, filed by Rihanna in 2012, claimed that fashion retailer, Topshop, misrepresented the celebrity’s endorsement when it began selling t-shirts bearing her image. The shirts were printed with a photograph of Rihanna taken during a live video shoot for one of her albums. The picture was taken by an independent photographer who licensed its use to Topshop, but the singer never gave her consent. The court decided Topshop’s action amounted to “passing off” – illegally exploiting an unregistered trademark.

Generally, aside from privacy issues, there are few laws in the UK that protect celebrities from having their pictures published without their consent, such as there are in the U.S. Celebrities who wish to control the reproduction of their image must rely on some other cause of action, such as a breach of contract, infringement of copyright or, as in Rihanna’s case, passing off.

“Passing off” refers to a misrepresentation of endorsement. Topshop had made considerable efforts to emphasize its relationship with certain pop-stars, and with Rihanna in particular. The company created a contest in 2010 where the prize was a personal shopping appointment with Rihanna at Topshop. They also launched a significant publicity campaign around a visit the star made to the store in early 2012. In regard to the unauthorized t-shirts being sold by Topshop, Rihanna argued that buyers were likely to believe that the product was endorsed by her, and would purchase the shirt based on that false belief. Moreover, she argued that this would be damaging to her goodwill.

Throughout the world, Rihanna is regarded as a fashion icon. Her fashion activities include promoting Gucci and Armani clothing and designing clothes and endorsing products for River Island, as well as some previously authorized goods sold by Topshop. Rihanna’s reputation as a musical artist and style leader has earned her goodwill rights in not only the music industry, but in the fashion world as well. She argued that damage to her goodwill would lead to a decline in sales in her marketing business, and a loss of control over her reputation in the fashion industry. The court agreed and banned Topshop from selling the shirts without informing prospective buyers that the product had not been approved or authorized.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green Represent Clients in Cases of Intellectual Property and Trademark Infringement

Philadelphia commercial business lawyers at Sidkoff, Pincus & Green have experience handling complex litigation involving rights of publicity, as well as copyright and trademark disputes. Our office is located in Philadelphia and we represent clients throughout Pennsylvania and New Jersey. To discuss your case with one of our highly qualified Philadelphia business lawyers, call 215-574-0600 today or contact us online.

Philadelphia Whistleblower Lawyers: OSHA’s Enforcement of Whistleblower Protection Laws

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Earlier this month, OSHA secured an injunction in a whistleblower case that prevents the Lear Corporation – a Michigan-based auto parts company – from any further retaliation against whistleblower, Kimberly King. This injunction is significant in that it protects Ms. King, and other whistleblowers, from speaking out against the company, including disclosures to media outlets.

Kimberly King worked at the Renosol Seating plant in Selma, Alabama, which is owned by the Lear Corporation. The plant produces foam cushions that are used in car seats. When King’s health began to deteriorate, she began to question the effects of her exposure to a chemical called toluene diisocyanate, or TDI. Since she started working at the plant in 2004, King has developed asthma, and often gets winded from walking up one flight of stairs. Although Lear reported that TDI levels were within legal limits, King remained unconvinced and shared her concerns with the media.

King told her story to NBC.com, who released an article discussing the correlation between TDI, and other workplace chemicals, and respiratory conditions like asthma. A consulting physician concluded that the levels of TDI antibodies in King’s blood placed her in the top 25%. According an occupational health specialist at the University Of Cincinnati College Of Medicine, workers can become sensitized when exposed to these chemicals. As a result, exposure to even small amounts of TDI can cause health issues like asthma and other respiratory conditions.

Lear suspended King from work without pay after she and another employee participated in a YouTube video accusing Lear of exposing employees to dangerous levels of TDI. After King continued to voice her concerns, Lear terminated her employment and sued her for defamation and interference with business relations.

After an evidentiary hearing, the court ruled in King’s favor, declaring that her participation in the YouTube video and her comments to the press and OSHA were considered protected activity. In addition, the judge ordered the Lear Corporation to halt any retaliatory action against King, or any other former or current employee.

The court’s ruling in this case asserts that the public deserves a safe and healthy workplace, and those who speak up about perceived dangers should be protected by the law. Moreover, the outcome of this case may help prevent future retaliation against whistleblowers.

Philadelphia Retaliation Lawyers at Sidkoff, Pincus & Green Protect the Rights of Whistleblowers

If you believe you have a whistleblower claim, contact the experienced Philadelphia whistleblower lawyers at Sidkoff, Pincus & Green. Our team of will work tirelessly to protect your rights and reach a favorable financial settlement. With offices conveniently located in Philadelphia, Pennsylvania, our business lawyers represent clients throughout the Delaware Valley. Call the Law Offices of Sidkoff, Pincus & Green at 215-574-0600 to schedule your free consultation or contact us online.

Philadelphia Business Lawyers: Volkswagen Chairman Resigns Amid Shareholder Dispute

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Ferdinand Piech, chairman of the board of Volkswagen AG, ended a 20 year reign at Europe’s largest automaker when he stepped down after a public dispute with other board members. His wife, Ursula Piech, also stepped down from her position on the board. The move was made shortly after Piech failed to draw shareholder support regarding his criticism of CEO, Martin Winterkorn.

Piech served as Volkswagen CEO from 1993 to 2002 and is credited for bringing the automaker back from the brink in the 1990s and transforming it into a global powerhouse that rivals GM and Toyota. Since the time Piech came into power, the company successfully acquired sports-car and luxury brands Porsche, Lamborghini and Bentley; new brands such as Czech car maker Skoda; Ducati motorcycles; as well as MAN and Scania heavy trucks.

A shareholder dispute began last month when Piech publicly challenged the authority of current CEO Martin Winterkorn and dismissed him as a potential successor as chairman. The other board members pushed back, stating that Winterkorn was the best possible chief executive for Volkswagen. Piech has not explained the reasoning behind his attack on Winterkorn. The two had worked closely together for decades.

Winterkorn, who ranks # 58 on Forbes list of the world’s most powerful people, is said to have led the company to record profits since becoming CEO in 2007. Members of Volkswagen executive committee are supportive of Winterkorn’s continued role as CEO and have even suggested extending his contract beyond the end of 2016.

Analysts generally agree that Piech’s departure could be a plus for the company, whose core brand has struggled to keep costs down and gain market share in the United States. In combination with his highly successful career with Volkswagen, Piech was recognized as having a volatile and ruthless management style. Despite his resignation, Piech is still a major shareholder in Volkswagen and can exercise his influence through his stake as well as through the family holding structure, which has rules in place to prevent the sale of public stock.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green Handle all Aspects of Business Law in Pennsylvania

Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. are experienced negotiators, mediators, and litigators in all aspects of business law. Our highly reputable law firm regularly assists clients in cases involving contract negotiations, shareholder disputes, breach of fiduciary duty, and other complex litigation matters. Our business law firm is located in Philadelphia and represents clients throughout Pennsylvania and New Jersey. Call 215-574-0600 to schedule a consultation or submit an online contact form.

Philadelphia Overtime Dispute Lawyers:  $1.25 Million Settlement for Overtime Dispute

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A settlement was reached in a class action suit involving a claim under the federal Fair Labor Standards Act (FLSA), after both sides reached a deal through mediation.  The settlement was preliminarily approved by U.S. Magistrate Judge Cynthia R. Eddy of the Western District of Pennsylvania.  A fairness hearing is scheduled to take place later in 2015.

In late 2014, two employees brought a claim against the ROC Service Company, alleging that the employer did not pay them for hours they worked as flowback hands, testing wells at fracking sites in Pennsylvania.  The plaintiffs’ attorneys brought the suit under the federal Fair Labor Standards Act, which classifies the manual labor job duties as non-exempt work and therefore eligible for overtime.  The workers argued that because their jobs are non-exempt under the FLSA, overtime is due and payable under the Act.

ROC Service Company is based in Texas and has operations in several other states.  The two employees assert that they and other employees routinely worked 80 hour workweeks without being paid for overtime hours. This putative class of workers was scheduled to work 84 hours per week, and often worked more hours than that, only to be denied overtime pay. Instead, the ROC Service Company paid them a salary with a per diem and day bonus.  Workers were denied any pay for any hours worked over 40 hours per week.

The settlement fund includes costs, attorney fees and enhanced payments for the two lead plaintiffs.  The other plaintiffs who do not opt out of the settlement and who submit claim forms will be paid proportionally according to how much overtime they worked.

Philadelphia Overtime Lawyers at Sidkoff, Pincus & Green Fight to get Workers the Pay they Deserve

If you or someone you know has been the victim of unfair overtime pay practices, Philadelphia FLSA lawyers at Sidkoff, Pincus & Green can help you get the pay that is rightfully yours.  Our Philadelphia overtime lawyers will help you understand your rights under the Fair Labor Standards Act, and assist you in getting your fair wage and overtime pay.  Our firm serves clients in the Greater Philadelphia, Pennsylvania and South Jersey regions.  Call us at 215-574-0600 or use our convenient online contact form.

Philadelphia Employment Lawyers: Philadelphia New Employee Sick Leave Ordinance

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On May 13, 2015 the Promoting Healthy Families and Workplaces Ordinance (the “Ordinance”) took effect in Philadelphia.  The Ordinance, which was signed into law by Mayor Nutter on February 12th, mandates that employers provide paid and unpaid sick leave to eligible employees in Philadelphia. The Ordinance does not apply to employers with fewer than ten employees.

Under the new regulations, full-time and part-time employees in Philadelphia who work a minimum of 40 hours per year will accrue one hour of paid sick leave for every 40 hours worked, not to exceed 40 hours of paid sick leave over a period of one year.  Employees in Philadelphia who work fewer than 40 hours per year will accrue unpaid sick leave at the same rate.  Employers in Philadelphia are not required to provide paid sick time to independent contractors, seasonal workers, adjunct professors, employees hired for a term of less than six months, interns, pool employees, state and federal employees, and employees covered by a bona fide collective bargaining agreement.

Employees who are exempt under the Fair Labor Standards Act (“FLSA”) will be presumed to work 40 hours in each workweek, unless their normal workweek is less than 40 hours, in which case sick time accrues based upon their normal work schedule.

The full text of the Ordinance can be obtained online from the city of Philadelphia’s government website.

Philadelphia FLSA lawyers at Sidkoff, Pincus & Green provide legal counsel and representation to businesses and individuals in the Philadelphia area. Our Philadelphia business lawyers are well-versed in all aspects of employment law.  Sidkoff, Pincus & Green has been successfully representing clients in business litigation and contract negotiations for over 50 years.  Contact us online or call 215-574-0600 to schedule a consultation.

Philadelphia Wage and Hour Lawyers: Staples Class Action FLSA Lawsuit

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A former Staples delivery driver has filed a class action lawsuit against the giant office supply retailer on behalf of himself and all Staples delivery drivers.  The plaintiff claims that the company violated the Fair Labor Standards Act (FLSA) by not paying delivery drivers for overtime incurred while drivers waited for their trucks to be loaded.  According to the plaintiff, Staples delivery drivers were required to report for work at a designated time, then would have to wait for their trucks to be loaded before beginning their shifts.

A driver’s wait time while his or her truck is loaded varies from about ten minutes to one hour. Allegedly, Staples did not pay drivers for time spent waiting for the truck to be loaded, regardless of when the employees were required to report to work. The plaintiff, a Staples delivery driver from June 2006 through January 2015, claims that employers must compensate employees for the entire time that the employee is required to be present at a jobsite.  The allegations assert that Staples failed to ensure that its routine delivery driver payment practices were in compliance with the FLSA.  The lawsuit seeks to recover overtime wages for delivery drivers employed by Staples during the past three years.

Philadelphia wage and hour lawyers at Sidkoff, Pincus & Green provide aggressive legal representation for clients in employment lawsuits. Contact Sidkoff, Pincus & Green online or call 215-574-0600 to schedule a consultation with an overtime lawyer in Philadelphia.

Philadelphia Wage and Overtime Lawyers Discuss Pennsylvania Labor Lawsuits Against Walmart

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Two wage-and-hour lawsuits have recently been filed against the retail giant Walmart alleging that assistant store managers in Pennsylvania have not been paid for overtime hours.  U.S. District Judge Mark R. Hornak of the Western District of Pennsylvania in Pittsburgh denied motions filed by Walmart to dismiss both lawsuits and has allowed discovery to proceed in each case.  Judge Hornak also denied the plaintiffs’ request to consolidate the two suits.

One of the Walmart labor lawsuits, brought by former Walmart assistant manager James Paolicelli under the federal Fair Labor Standards Act (FLSA), was filed in February 2014 as a collective action lawsuit which allows for other Walmart assistant managers who are “similarly situated” to opt-in as plaintiffs via written request.

The other suit was filed under the Pennsylvania Minimum Wage Act by former Walmart assistant manager Andrew Swank in August 2013 as a class action lawsuit.  Under Rule 23 of the Federal Rules of Civil Procedure, one or more plaintiffs may file a class action lawsuit as a representative of a designated class of people if the class meets the necessary criteria.   All members of the class are included as plaintiffs unless a class member chooses to opt-out.  In this case the designated class is comprised of roughly 1,600 Walmart assistant managers employed in Pennsylvania.

In their motion for dismissal, Walmart’s attorneys claim that the plaintiff failed to assert that Walmart assistant managers throughout the state work more than 40 hours per week; therefore, the lawsuit could not be certified as a class action pursuant to Rule 23.  Walmart’s attorneys also argued that Swank could not possibly have knowledge of the wage-and-hour circumstances of over 1,000 assistant managers throughout Pennsylvania.  In a second amended complaint (SAC), the plaintiff claims that Walmart assistant managers throughout Pennsylvania attended training and business meetings at which it was apparent that store operations pertaining to the work of assistant managers were streamlined across the state.  Judge Hornak ruled that since the potential for a viable class could not be discounted, the lawsuit will proceed as a class action through the discovery process.

Philadelphia Wage and Overtime Lawyers at Sidkoff, Pincus & Green Represent Clients in Class Action and Collective Action Overtime Lawsuits

Philadelphia wage and overtime lawyers at Sidkoff, Pincus & Green represent clients in employment lawsuits, including wage and hour claims under the FLSA.  Contact Sidkoff, Pincus & Green online or call 215-574-0600.

Philadelphia Wage Dispute Lawyers: FLSA Exemption Does Not Apply to Car Dealership Service Advisers

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In a recent plaintiff victory, the U.S. Court of Appeals for the Ninth Circuit has ruled that service advisers who give repair estimates in car dealerships are eligible to collect overtime pay under federal labor laws.  Circuit Judge Susan Graber ruled that the overtime exemption to the Fair Labor Standards Act (FLSA), which applies to “any salesman, parts man, or mechanic primarily engaged in selling or servicing automobiles,” does not apply to service advisers.  Service advisers sell services for cars, but they do not sell cars or parts, or perform mechanical work on cars.

The U.S. Ninth Circuit includes the District of Alaska, Arizona, the Central District of California, the Eastern District of California, the Northern District of California, the Southern District of California, the District of Hawaii, the District of Idaho, the District of Montana, the District of Nevada, the District of Oregon, the Eastern District of Washington, and the Western District of Washington.

Philadelphia overtime lawyers at the law offices of Sidkoff, Pincus & Green strive to provide each client with superior legal representation worthy of our exemplary reputation.  Sidkoff, Pincus & Green have been serving clients in Philadelphia for over 50 years.  We are one of the oldest and most respected business and employment law firms in Philadelphia.  Our areas of experience include employment law, contract law, FLSA and unpaid overtime charges, Constitutional law, class actions, civil rights, and more.  Contact Sidkoff, Pincus & Green online, or call 215-574-0600 to schedule a consultation with one of our highly skilled Philadelphia wage and hour lawyers.

Philadelphia Overtime Lawyers Report on Recent New Jersey Wage-and-Hour Lawsuit

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A New Jersey employee enjoyed a recent court victory when she was awarded overtime which her employer originally denied.  In August, 2011, Ashley McMaster filed a wage-and-hour lawsuit against her employer, Eastern Armored Services Inc., claiming that the company violated the Fair Labor Standards Act (FLSA) by improperly classifying her as ineligible for overtime pay under the Motor Carrier Act Exemption of the FLSA.

In her lawsuit, McMaster claimed that she regularly worked more than 40 hours per week, but was not paid more than her standard hourly rate for overtime hours.   In March, 2015, a New Jersey federal judge ruled in McMaster’s favor, stating that she was not barred from collecting overtime pay by the Motor carrier Act Exemption. The judge made the ruling based on the fact that the employee was able to prove that 49% of her days working for Eastern Armored Services Inc. were spent driving a noncommercial vehicle, a position classified under the FLSA as non-exempt, and eligible for overtime pay.

Philadelphia wage and hour lawyers at Sidkoff, Pincus & Green are skilled negotiators and litigators who represent employees who have been denied overtime throughout Southeastern Pennsylvania.  Contact Sidkoff, Pincus & Green online or call 215-574-6000 for all your Philadelphia employment law matters.

Philadelphia Business Lawyers Handling Physician Agreement

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Physicians face many of the same preliminary steps in the hiring process as the average corporate employee, including the development of contractual agreements.  Often, physician contracts include areas that are typical of corporate employment agreements, such as compensation, benefits and restrictive covenants.  However, there are other areas, such as issues concerning hospital privileges, medical malpractice coverage, and the division of hours between clinical, research and academic work, which are unique to physician agreements.  Moreover, physicians often have unique financial concerns, such as the payment of liability insurance, continuing medical education expenses, and other costs which are unique to the medical profession.   For these reasons, it is advisable that a physician utilize an attorney who is experienced with physician contracts.  As in any business arrangement, contractual agreements are important to both the employer and employee.  Serious financial obligations and penalties can result when the contracts are legally challenged.  A competent and experienced business contract lawyer in Philadelphia can ensure that physicians are protected and fully understand their obligations.

Philadelphia Business Attorneys at the Law Offices of Sidkoff, Pincus & Green Provide Legal Counsel and Representation in All Areas of Business Law

Philadelphia business contract lawyers of Sidkoff, Pincus & Green have been providing highly skilled legal counsel and representation in matters of business law for almost 60 years. If you or someone you know needs a business attorney with experience and knowledge, call our Philadelphia business lawyers at 215-574-6000, or complete our online contact form to schedule a consultation today. Conveniently located in the heart of downtown Philadelphia, Sidkoff, Pincus & Green serve clients throughout the state of Pennsylvania, including Delaware County, Montgomery County, and Philadelphia County.