Category: Employment Law

Understanding Employment Law Helps Businesses Avoid Future Lawsuits  

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When employers appreciate and respect their employees by offering competitive salaries and benefits packages, opportunities for promotions, and paid time off, their employees are generally more productive and loyal to the company. However, if an employee has been discriminated against or accuses the company of legal wrongdoing, an employer could face serious legal issues if they do not know how to protect themselves from lawsuits and discrimination claims. An experienced employment lawyer can answer all your questions and prepare the legal documents necessary to protect your company from future lawsuits.

One of the most important steps companies should take to avoid serious employment law disputes is to draft a comprehensive, detailed contract that takes as many possibilities into consideration as possible. This is true regardless of how big or small your company is. There is a tendency for entrepreneurs and small business owners to assume that employment law only applies to larger corporations. They do not always consider the fact that small business owners can get into hot water if they make bad hiring and firing decisions or treat their employees poorly.

Importance of Paid Time Off

Employers do not always recognize the value of giving employees paid leave. While some may think it is an unproductive expense, it pays off in the long run by encouraging employees to prioritize their health and wellbeing. Ultimately, this builds job satisfaction and productivity. In addition, if an employer expects employees to work long hours during a particularly busy time, they may be less likely to complain, or accuse the company of unfair treatment if they can take advantage of paid days off.

Employers should also make it a habit of documenting everything that happens in the workplace. For example, if an employee is injured, fill out a detailed accident report that includes information about how the accident occurred and how the company will handle it. Depending on the company size, employers may want to consider hiring a dedicated specialist that can help manage a company’s records.

Hiring an employment lawyer is a significant expense, but one that can save thousands of dollars. An employment lawyer should protect the company and have a thorough understanding of contracts and policies. However, they should not attempt to confuse an employee who accused the company of wrongdoing, simply to try and outwit them. Companies cannot depend on their legal team to bend the rules on their behalf.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Provide Skilled Legal Counsel for Employers

The Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. are highly skilled in all areas of law that impact the employer-employee relationship, including discrimination, harassment, and wrongful termination. Our experienced legal team will work closely with you to create a litigation strategy that addresses your specific concerns. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

NLRB Supports Union Election Rule That Will Limit Unions’ Bargaining Power

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According to a Bloomberg Law analysis, the National Labor Relations Board (“NLRB”) is supporting a rule change that would make it increasingly difficult for unions to defend themselves against anti-labor campaigns. However, the board based their decision on flawed data. The deficiencies in the data make the NLRB vulnerable to legal challenges.

Members of the NLRB hope to revamp the decades-old blocking charge policy that pauses elections to approve or decertify a union if unfair labor practices are suspected. The board argued that a proposed rule released in August allows unions to file petty actions against the NLRB that union members can use as a stalling tactic. According to the NLRB, 155 blocking actions were filed from 2016 to 2018, with a median number of days that the cases were delayed, ranging from 122 to 145.

After reviewing data supporting the rulemaking, a Bloomberg Law review found numerous examples of instances over the past three years when the board exaggerated the length of delays related to blocking charges. In fact, the board overcounted data in over one-third of the cases involving blocking charges. In one case, they were off by over 12 years. In those 55 cases, the board listed a delay that exceeded the total number of days from when a petition to approve or decertify a union was filed and when an election took place. This was statistically impossible.

These errors could cause problems for the NLRB if they were to face legal challenges from union representatives. According to a law professor at George Washington University, they should have fixed the mistakes by issuing an addendum. The action will be difficult to defend if they proceed without correcting it. He went on to suggest that the NLRB start the rulemaking process from scratch given the significance of the errors. A spokesman for the NLRB declined to comment on the discrepancies or the board’s methodology.

Data Discrepancies

The following are examples of possible causes of the data discrepancies:

  • If more than one allegation of improper conduct was made, the board incorrectly counted the cases.
  • There were problems with the board’s use of agency data. For example, there were duplicates of blocking charges, which the agency counted twice.
  • The board’s only Democrat accused the majority of overstating the number of petitions involving blocking charges.
  • The agency’s field staff declined from 1,136 in 2011 to approximately 857 in 2018.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Handle Legal Matters Involving Union Workers

If you are a member of a union, and your rights have been violated in some way, you are urged to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will work closely with you to ensure that you receive the full financial benefits you deserve. Our dedicated team will not stop fighting for you until you are completely satisfied. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Employment Law, NLRB, Unions
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Fired Law Firm Employee Not Entitled to Whistleblower Protections

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A former accounts receivable clerk was terminated from her position at Martin & Seibert after she reported the firm for suspicious overbilling. She noticed billing irregularities, including billing clients at attorney rates for work that was done by secretaries and paralegals. After voicing her concerns to other individuals at the firm, she was fired. According to the West Virginia Supreme Court of Appeals, at-will private employees who report suspected criminal conduct are not entitled to whistleblower protections.

Shortly after she reported her suspicions, she discovered that her job had been posted. Another attorney at the firm told her that he suspected that certain members of the firm blamed her for the billing irregularities. He urged her to speak to a former U.S. attorney, who he reached out to for advice on her behalf. After speaking to the former accounts receivable clerk, the U.S. attorney contacted the Federal Bureau of Investigation (FBI).

To protect herself, she collected 227 attachments of billable hour data and emailed it to herself. The firm fired her for disclosing confidential information, which was a violation of law firm policy. According to West Virginia courts, there is an exception to the rule that allows at-will employees to be fired if the employee is terminated for refusing to participate in illegal activity. However, the exception does not apply to employees who report wrongdoing. The court ruled that she was not entitled to whistleblower protections because she was a public employee. The legislature would be responsible for making any extensions to the law, not the court. A dissenting judge argued that the majority should have made an exception for an employee who is terminated for reporting alleged overbilling for legal services.

According to the West Virginia Supreme Court of Appeals, the federal whistleblower claim was no longer viable after a February 2018 Supreme Court decision that required reporting to the U.S. Securities and Exchange Commission. This decision was in response to a certified question by a federal court regarding the former employee’s whistleblower lawsuit.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees Who Have Been Wrongfully Terminated

If you believe that you were wrongfully terminated from your job, it is in your best interest to contact the highly skilled Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. as soon as possible. We will work closely with you to understand the events leading up to your termination. Our experienced legal team will protect your rights and collect the documentation necessary to reach a successful settlement. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

Supreme Court to Determine Whether Title VII Protections Include Sexual Orientation or Gender Status

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In October 2019, the United States Supreme Court heard arguments in a set of cases that could have a major impact on federal discrimination law, particularly as it applies to LGBTQ employees. The three cases involved two gay men and one transgender woman who were allegedly terminated because of their sexual orientation or gender status. According to the Title VII of the Civil Rights Act of 1964, an employer may not discriminate against an employee based on sex, race, national origin, or religion. The court will consider whether employers should be legally allowed to fire an employee simply because they are gay or transgender.

Case Facts

In the first case, a child-welfare coordinator for Clayton County, Georgia advocated for abused and neglected children. He was very successful at this job and loved helping underprivileged children. Yet, after his employer discovered he was gay, he was fired. Not only did he lose his job, but he lost his income and health insurance, which was devastating since he was fighting prostate cancer.

In the second case, a transgender woman who worked as a funeral director at the Harris Funeral Home in Livonia, Michigan decided to come out to her boss and co-workers and tell them about her gender identity. Two weeks after she wrote a letter to her boss explaining her situation, she was fired.

In the last case, a sky-diving instructor at Altitude Express went on tandem skydiving excursions with clients. He often informed female clients that he was gay in case they were uncomfortable about being strapped to a man during the tandem jump. The employee was fired after a female client claimed that he touched her inappropriately. However, according to employee, this never happened, and he was fired because of his sexual orientation.

Many of the Court’s conservative judges were skeptical about the arguments made by the plaintiffs’ lawyers and were opposed to finding that Title VII included protections for LGBTQ workers. However, they will have to examine the literal text of the law and consider the fact that the plaintiffs would not have been fired if they were straight. The more liberal justices will have to consider that, when the Civil Rights Act of 1964 was passed, it was not likely that Congress intended it to prohibit against LGBTQ employees. In fact, homosexuality was considered a mental illness by the American Psychiatric Association in 1964.

If the Court rules in favor of the plaintiffs, discrimination cases involving LGBTQ workers will be treated the same as any other Title VII discrimination case. Employers will need to update their discrimination policies and train workers on how to comply with the new policies. If the Court rules against the plaintiffs, things will remain the same. Employers who already have anti-discrimination policies in place may continue to enforce them. The Court is expected to decide by June 2020.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect the Rights of Employees

If you were discriminated at the workplace due to your protected status, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will protect your rights and secure the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

  Category: Discrimination, Employment Law
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Federal Judge Grants U.S. Women’s Soccer Team Class Status in Gender Discrimination Lawsuit

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The U.S. Women’s National Team filed a lawsuit against the U.S. Soccer Federation (“USSF”) alleging that they do not receive equal pay compared to the men’s team. In addition, they argued that their work conditions are not as favorable as the men’s conditions. This has been an ongoing fight among female athletes for years. U.S. District Judge R. Gary Klausner ruled in favor of the women’s soccer team, saying that the class representatives had standing to pursue a lawsuit and certified three classes, and that the female players were paid less per game compared to the male players.

According to team co-captain, Megan Rapino, the decision validated their equal-pay campaign. The judge’s decisions essentially rejected the USSF’s argument that there was no discrimination because of the number of female players who earned more than some of the men’s players during that time. However, according to Klausner, there was no case law to support the premise.

The USSF has argued that the differences in compensation between the men’s and women’s teams was due to varying pay structures in the collective bargaining agreements, which are negotiated by the players on the team. However, according to the lawsuit, the USSF charters more flights for male players, which means that they have more comfortable accommodations and opportunities for rest. The men also experience fewer incidences of lost luggage. This ruling may encourage the USSF and its players to revisit efforts to reach an out-of-court resolution.

The USSF’s president said that they are very committed to resolving the matter in a way that is fair. A spokesperson for the female players said that they are happy that the court has recognized the USSF’s discrimination against female players. It is a major step in the right direction in the fight to achieve equal pay. One of the classes is seeking an injunction to prevent future discrimination, and a second class looks to obtain back pay and punitive damages, both of which fall under Title VII of the Civil Rights Act.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Victims of Gender Discrimination

If you were treated unfairly because of your gender, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. will work tirelessly to investigate the details of your case and ensure that your legal rights are protected. Our skilled legal team will not stop fighting for you until you are completely satisfied. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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Second Woman Files EEOC Complaint Against DLA Piper Partner

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A former Human Resources (“HR”) manager with DLA Piper filed an anonymous complaint with the Equal Employment Opportunity Commission (“EEOC”) against one of the company’s partners. The complaint alleges that the partner intimidated her, and that it got to the point where she felt afraid when they were in the office together. Despite a history of positive performance reviews, the HR manager was fired after she complained about the partner’s inappropriate behavior. This was the second woman to file an EEOC complaint against them.

The first complaint was filed against the firm by one of its junior partners, alleging that the partner sexually assaulted her on numerous occasions. In an open letter to the firm, she requested that she be released from the mandatory arbitration agreement so that she could pursue her claims in court. While the firm has not publicly responded to the arbitration request, they did announce that the partner had been let go. However, the junior partner was also put on leave, which her lawyer saw as a smear campaign against a female victim of sexual assault.

The new claimant says she was fired from DLA Piper after she complained about the partner’s inappropriate behavior. She alleged that she and other female employees at the firm felt uncomfortable being in an office alone with the partner, particularly if the door was closed. The details of her allegations are included in a supplemental letter that was sent to the EEOC as part of the initial charge. She is requesting that the EEOC investigate her complaint in conjunction with the initial complaint that was filed by the first complainant and expand the investigation to include a proposed class. According to the letter, there is a pattern of intimidation and retaliation for speaking out against sexually inappropriate behavior by male employees against the proposed class.

Examples of Alleged Abuse

The former HR Manager said that she was ordered to fire an administrative assistant who was over the age of 40, and who had a record of positive performance reviews. Rather than fire her, she transferred the employee to a different office. The partner was allegedly furious at the manager for not following his orders and threatened her by saying that she would be dealt with. Another female employee said that the partner expected women to tolerate his behavior if he paid them extra cash.

DLA Piper released a statement saying that the latest allegations were designed to distract from an ongoing investigation involving the junior partner that was fired. They deny that the partner sexually assaulted or harassed any female employees and was only guilty of poor judgment for having a relationship with an employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Victims of Sexual Harassment at the Workplace

If you or a loved one was sexually harassed or assaulted at work, do not hesitate to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will protect your legal rights and secure the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 215-547-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

NLRB Rule Does Not Recognize Graduate Students as Employees

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Philadelphia employment lawyers assist clients with NLRB employment issues.Graduate students often teach classes and conduct valuable research while earning an advanced degree. However, according to a proposed rule by the National Labor Relations Board (“NLRB”), graduate students are not considered employees, meaning they do not have the right to unionize. Graduate students from leading private institutions across the country have mobilized to fight for unionization to secure higher wages, better benefits, and protection for workers to help deal with sexual harassment and discrimination complaints. If passed, the rule would undercut those efforts.

According to the professor of labor and employment law at Cornell University and general counsel for the American Association of University Professors, the current NLRB is made up of mostly conservative board members who happen to be extremely political and intent on overruling decisions made by previous administrations that expanded employee rights to unionize. According to the professor, the NLRB made these decisions on a case-by-case basis in the past, but that appears to be changing.

Is Graduate Work Considered Work or Education?

At the heart of the argument is whether the teaching and research that graduate students conduct is considered work, or if it is part of their continued education. In 2016, the NLRB decided that Columbia students who were paid to teach and conduct research were considered employees and had the right to unionize. Prior to that, there was some back and forth among NLRB members, which impacted students’ rights to unionize. Prior to the Columbia decision, representatives from nine prestigious universities argued that graduate students have an academic relationship with the university, rather than an economic one. However, the NLRB ruled that graduate students could have a dual status of economic and academic.

Following the Columbia decision, students have come together to form unions at several private universities such as Harvard University, Brown University, Yale University, the University of Chicago, and several others voting in favor of unionization. Graduate students who are currently negotiating for employee status are unsure about how the proposed rule will impact their efforts. If the rule is passed, students have vowed to continue to fight for unionization.

Students at the University of Chicago, Yale University, Boston College, and the University of Pennsylvania sent petitions to the NLRB but withdrew them out of fear that Trump-appointed members would issue an anti-union decision. According to the executive director of the National Center for the Study of Collective Bargaining in Higher Education and the Professions at Hunter College, it is Congress that has the authority to decide employment status, but the NLRB rule seems to be taking over that authority.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green, P.C. Assist Clients with Employment Issues

If you are a graduate student at a college or university, and your employment status prevents you from being able to unionize, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Protecting your legal rights is our top priority and we will ensure that you receive the financial compensation to which you are entitled. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout South Jersey, Pennsylvania, and New Jersey.

Former Employees Allege Pension Cuts During Corporate Restructuring

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Philadelphia employment lawyers handle employee pension issues.Talen Energy is a privately-owned independent power producer that serves commercial and industrial customers in New Jersey, Pennsylvania, Maryland, Delaware, Ohio, and the District of Columbia. In 2016, the company was bought by Riverstone Holding, a New York City-based private investment firm that specializes in the energy industry. According to a federal lawsuit, three former senior engineers from Talen claimed that the company failed to pay them their full pensions after Riverstone Holding took over the company.

All three former employees worked at PPL’s Brunner Island power plant in York County. PPL’s energy supply division became Talen Energy, which continued to own Brunner Island. When Talen Energy was launched on June 1, 2015, the company inherited PPL’s pension provisions. According to the attorney, who represents the former employees, Talen and the senior executives responsible for administering the pension did not pay the men their full pensions required by the Employee Retirement Income Security Act (“ERISA”). Court documents claimed that Talen Energy owes them approximately $750,000 in pension costs.

ERISA Anti-Cutback Rule

ERISA includes an anti-cutback rule, which states that employers may not reduce or eliminate early retirement pension benefits that employees have accrued over time. When Talen was taken over by Riverstone Holdings, the then-employees lost their jobs. Since they were all under the age of 60, they were entitled to their full pensions, as well as pension supplements for losing their jobs.

However, Talen executives were allegedly responsible for reducing the retirement payment for each of the three former employees. They also supposedly omitted several provisions for full pensions and supplements that had been in PPL’s pension plan. As a result, they would have been compensated thousands of dollars less than they were legally entitled to receive. According to the workers’ attorney, Talen retained employee benefit plans after the spin-off from PPL. This key piece of information will be presented in court.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Handle Employee Pension Issues

If you did not receive your full pension from your employer, do not hesitate to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Federal law states that employers may not withhold pension benefits from eligible employees. We will protect your rights and work tirelessly to secure the full pension amount to which you are entitled. We will not stop fighting for you until you are completely satisfied. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout South Jersey, Pennsylvania, and New Jersey.

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New Federal Overtime Rules Make Additional Workers Eligible for Overtime Pay

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Philadelphia employment lawyers can counsel clients on the new federal overtime rules.The U.S. Department of Labor recently issued a final overtime rule that will have an impact on 1.3 million American workers. These updated overtime regulations will put more money in the pockets of hardworking Americans across the country. However, critics of the rule say that it should include more employees who often work over 40 hours per week without receiving overtime pay. Currently, workers making approximately $23,660 per year may receive overtime pay, which falls well below the poverty line for a family of four. Effective January 1, 2020, workers who make an annual salary of up to $35,568 will be eligible for overtime pay. This is the first time in 15 years that changes have been made to overtime regulations.

A proposal was made during the Obama administration that would have raised the minimum salary threshold to approximately $47,000. If this passed, roughly three million additional workers would have been entitled to overtime pay, or a shorter work week. While this appealed to many workers, it did not necessarily benefit workers who were making a higher salary, but who regularly exceeded 40 hours per week. For example, a general manager at Jiffy Lube in Seattle went from making $16 an hour to an annual salary of $52,000 a year. However, due to understaffing, he often worked over 100 hours a week. As a salaried employee, he was not eligible for overtime pay. Given the long hours, his salary was less than what he would have made if he were paid a $16 an hour wage plus overtime.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients with Employment Issues Related to Overtime Pay

If your employer failed to compensate you for overtime pay, you may be eligible for compensation. To schedule a confidential consultation, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout South Jersey, Pennsylvania, and New Jersey.

PA Court Rules in Favor of Employer in Whistleblower Retaliation Case

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Philadelphia employment lawyers discuss the PA court ruling in favor of the employer in a whistleblower retaliation case.A former employee of GlaxoSmithKline (“GSK”) alleged that he was wrongfully terminated from his job in retaliation for reporting concerns about potential security threats related to the company’s manufacturing and financial servers. The plaintiff filed a wrongful termination lawsuit against the company shortly after he was discharged. GSK responded by filing a motion for summary judgment, seeking to dismiss the Sarbanes-Oxley Act (“SOX Act”) whistleblower retaliation claim. The U.S. District Court for the Eastern District of Pennsylvania granted the motion for summary judgment due to a lack of evidence to support the claim that the company violated any SEC regulations.

Highlights of the Case

The plaintiff had been with the company for 16 years prior to his termination. He was part of the team responsible for the AS/400 computer operating system. In 2011, he noticed that a co-worker had started using uncapped processors, which impacted the way the processors performed. GSK consumers began complaining about the overall performance of the processors after the uncapped systems were enabled. The plaintiff confronted the colleague, and notified his supervisor, as well as the vice president of enterprise systems and technologies. After he did not get the response he was hoping for, he notified the Global Compliance Office about the issue. Ultimately, he filed a complaint with the CEO of GSK. The plaintiff alleged that the company’s 2013 report to the SEC failed to mention any of the performance or security concerns that had been raised. After an internal investigation, GSK found that the plaintiff’s complaints were unsubstantiated.

In early 2014, GSK announced that only two of the AS/400 positions would remain in-house and that the rest would be outsourced. The plaintiff was encouraged to apply for one of those positions, but he chose not to because the language in the memo he received led him to believe that his employment would depend on the outcome of the investigation. After a number of postponed termination dates, he was told on April 8, 2015 that his position was being eliminated and that his last day of employment would be June 30, 2015.

The court ruled in favor of the defendant, holding that GSK disclosed the risks associated with the computer system’s poor performance. The company’s report also noted that the failure to protect important information and sensitive systems could have a negative impact on the company’s financial results. As a result, the court held that anyone with the training and experience that the plaintiff had could not believe that the defendant was in violation of the SOX Act.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for the Rights of Whistleblowers

If you were wrongfully terminated in retaliation for an employment dispute, you are urged to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are located in Philadelphia, where we represent clients in South Jersey, Pennsylvania, and New Jersey.