Category: Employment Law

Philadelphia Wage Dispute Lawyer: PNC Settles Class-Action Lawsuit

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PNC Bank recently agreed to pay $16 million to settle a federal class-action lawsuit filed by employees who claimed that the company discouraged them from reporting overtime and failed to pay them fairly for acquired overtime hours. The case involved 3,431 employees and mortgage loan officers employed by PNC since 2011.

Four loan officers originally filed the lawsuit in August 2015, citing a breach of the Fair Labor Standards Act (FLSA). The FLSA in part establishes overtime pay eligibility for full and part-time workers in the private sector and in local, state, and federal governments. The FLSA states that eligible employees are entitled to one and a half times the employee’s rate for each hour worked in excess of 40 per week.

One of the most common overtime violations is the incorrect classification of a worker as “exempt” or non-exempt from overtime compensation. Under the FLSA, exempt employees may include those who earn more than $23,600 per year and perform executive duties in the course of the job. Exempt employees might include those who: supervise two or more employees; perform primarily as managers; or those involved in decisions regarding other employees such as hiring, firing, and promotion. A skilled wage dispute lawyer may help you determine your eligibility for overtime pay and if you have a valid overtime dispute with your employer.

Philadelphia Wage Dispute Lawyers at Sidkoff, Pincus & Green Advise Clients in Unpaid Overtime Disputes

You may not be aware that unpaid overtime can be collected up to two years after the date that it was earned. In some cases, you may have an additional year to pursue unpaid overtime. If you are unsure about your eligibility or believe you have a valid overtime claim, contact a Philadelphia wage dispute lawyer at Sidkoff, Pincus & Green at our Center City Philadelphia offices at 215-574-0600 or contact us online.

Philadelphia Whistleblower Lawyers: False Claims Act Violation

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A former employee of MedStar Health Inc. has filed a whistleblower lawsuit against her employer under the False Claims Act. Court documents allege the company engaged in fraudulent activity together with a vendor, Accretive Health Inc., to boost Medicare inpatient claims at hospitals.

Claims of Medicare Fraud

Medicare pays more to hospitals for patients who are admitted for inpatient care than it does for patients who are on observation status. The plaintiff claims that while working at MedStar Washington Hospital’s emergency department, she helped to submit false claims to Medicaid, Medicare and Tricare. She alleges that Accretive took patients who were on observation status and created written recommendations for them that justified admitting them as inpatients. The Accretive personnel making the recommendations did not have the qualifications or even the information required to do so. The suit alleges that MedStar staff were then pressured into accepting the recommendations.

The lawsuit alleges that Accretive went as far as to claim to hospital administrators at different hospitals around the country that they could provide a revenue lift from Medicare. The suit describes a system designed by Accretive to exploit the administrators’ need for revenue and diminish the authority of the hospitals’ own doctors by overriding them with the fraudulent recommendations.

The False Claims Act

The False Claims Act is a federal law that holds people and companies liable for defrauding the government. It is the government’s primary tool for litigation against fraud. The Act’s qui tam provision enables private citizens to bring suit on behalf of the government. This is commonly known as whistleblowing. Whistleblowers filing under the False Claims Act receive a portion of the money recovered – usually between 15 to 25 percent. Whistleblowers are also entitled to protection against retaliation because they exposed fraud.

Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Represent Whistleblowers in False Claims Act Cases

Qui tam cases are complex and require thorough knowledge of whistleblower law. The Philadelphia whistleblower lawyers at Sidkoff, Pincus & Green P.C. can review your case if you believe that you have been retaliated against for whistleblowing. Call 215-574-0600 to schedule an appointment in our Philadelphia offices or contact us online. We serve clients throughout Pennsylvania and New Jersey.

Philadelphia Whistleblower Lawyers: Whistleblower in California Receives Substantial Award

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A whistleblower at a California based life science company has been awarded nearly $8 million by the jurors hearing his case. The claimant served as general counsel at Bio-Rad when he discovered possible bribery being committed in China by senior management of the company. He duly reported the potential violations of the Federal Corrupt Practices Act (FCPA) internally to an audit committee that investigated them and concluded there had been no wrongdoing.

The investigation lasted four months after the internal memo was originally filed by the informant in February of 2013. In June that same year, the plaintiff was fired after 25 years of service at Bio-Rad. The company claimed his termination was due to his erratic work and loud outbursts, but his 2012 performance review was largely positive. No documentation of the alleged behavioral problems existed aside from a review in April 2013. The trial hinged on the plaintiff’s team using metadata to show that the review had actually been created in July, after the firing.  Attorneys for the plaintiff called the review “a despicable lie” and said it had been fabricated to justify his wrongful termination.

The jury deliberated less than three hours and unanimously found that Bio-Rad had fired the counselor in retaliation for his whistleblowing actions. He was awarded $2.9 million in back pay and stock compensation, along with $5 million in punitive damages. Because the Dodd-Frank Act doubles back pay for whistleblower retaliation, the award total will increase to nearly $11 million.

In November 2014, Bio-Rad was forced to pay $55 million in fines to settle violations of the FCPA. The Department of Justice and Securities and Exchange Commission brought criminal charges and civil claims against the company alleging improper payments were made to foreign officials in Vietnam, Thailand, and Russia. In testimony, the whistleblower said he had found documents detailing the distribution of free products to clients in China. He filed his qui tam lawsuit against Bio-Rad and its CEO charging the disclosure of his findings should have been protected under the whistleblower provision of the Sarbanes-Oxley Act of 2002. The jury agreed, awarding the man one of the highest amounts ever granted under the Act.

Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Defend Whistleblowers

If you suspect wrongdoing at your workplace it takes tremendous courage to step forward and blow the whistle on such conduct. There are laws to protect whistleblowers and prevent retaliation against them. The Philadelphia whistleblower lawyers at Sidkoff, Pincus & Green are here to discuss your situation with you and provide guidance. Call 215-574-0600 or contact us online to schedule an appointment at our Philadelphia offices. We represent clients throughout Pennsylvania and South Jersey.

 

 

 

Philadelphia Wage Dispute Lawyers: Future of the Overtime Rule

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Last year, the Department of Labor issued a new ruling for overtime pay extending the maximum salary threshold a worker can earn and still be eligible for overtime to $47,500.  The new rule, which was set to take effect on December 1, 2016, would enable approximately 4 million more workers to become eligible for overtime pay.  However, in November of 2016, a federal court judge in Texas temporarily blocked the rule, holding that it does not comply with the Fair Labor Standards Act on the grounds that the Labor Department may not decide which workers qualify for overtime based only on their salary.  The Department of Justice under President Obama appealed this decision.

With the law temporarily blocked and a new administration in place, the future of the overtime rule is uncertain.  The federal court in Texas has given the DOJ until May 1, 2017 to file a brief stating its position.  Aside from the uncertainty of whether the DOJ pursues its appeal, another issue is whether the Department of Labor intends to simply repeal the new rule, or issue an alternative rule.  The current salary threshold below which workers qualify for overtime wages is just $23,660 per year.  Millions of workers will be impacted by the future of the overtime rule and their fates hang in the balance.

Philadelphia Wage Dispute Lawyers at Sidkoff, Pincus & Green P.C. Represent Employees in Overtime and Wage Disputes

If you have an employment concern or wage dispute issue, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. have the experience to help you achieve an optimal outcome. Call 215-574-0600 to schedule a consultation about your case or contact us online. Our offices are conveniently located in Philadelphia and we serve clients in Southeastern Pennsylvania and New Jersey.

Philadelphia Employment Lawyers: Philadelphia Passes Wage Equity Bill

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In an effort to close the wage gap between men and women, Philadelphia Mayor Jim Kenney recently signed a bill preventing employers from asking applicants about their salary history. The Wage Equity Bill makes Philadelphia the first major American city to ban employers from asking candidates what they were paid at previous jobs. Companies in violation of the new ordinance face fines of up to $2,000.

The bill, first introduced in September 2016, is designed to eliminate the income disparity between men and women. According to a 2015 United States Census Bureau report, women make 79 cents for every dollar that men make. This discrepancy exists regardless of experience, education, or industry. The Pew Research Center also reports that as of 2015, women earn 83% of men’s hourly wages.

The rationale behind the bill is that if women are paid less than what they deserve at beginning of their careers, and potential employers base their salary on previous jobs, they will never catch up to their male counterparts. Though similar legislation already exists in Massachusetts, Philadelphia is the first major city to ban salary inquiries. New York State and Pennsylvania are also considering passing wage equity bills.

The City Council passed the bill with a unanimous vote, but it is already experiencing some pushback from one of the city’s largest employers – Comcast. The media giant, with headquarters in Center City Philadelphia, has already vowed to challenge the ban in court on grounds that it violates employers’ free speech. The Greater Philadelphia Chamber of Commerce also opposes the bill, saying it gives the perception that the city is “anti-business,” and discourages new employers from setting up shop in Philadelphia.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Represent Clients in Wage Disputes

The team of Philadelphia employment lawyers at Sidkoff, Pincus & Green understands the complexities of employment law matters. Our attorneys represent employees in all aspects of employment law, including wage disputes. Call our Center City Philadelphia offices today at 215-574-0600 or contact us online to schedule a consultation with one of our attorneys.

We serve clients throughout the Greater Philadelphia area including Delaware County, Montgomery County, Philadelphia County, and the towns of Bala Cynwyd, Merion Station, Wynnewood, Darby, Narberth, Upper Darby, Sharon Hill, Cheltenham, Clifton Heights, Folcroft, Lansdowne, Drexel Hill, Elkins Park, Havertown, Glenolden, Ardmore, Gladwyne, Wyncote, Norwood, Holmes and Haverford, as well as New Jersey.

Philadelphia Wage Dispute Lawyers: Third Circuit Rules That Overtime Class Action Cannot Proceed In Arbitration

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Recently, the Third Circuit weighed in on the issue of whether it is up to courts or arbitrators to decide if a class action lawsuit should be adjudicated in court, or in an arbitral forum. This case also dealt with the issue of whether an employment agreement that is silent on the issue of class arbitration permits employees to proceed on a class-wide basis on that basis. In Opalinski v. Robert Half International, the 3rd Circuit sided against the plaintiffs who wished to proceed on a class wide basis in arbitration. The case involved employees of the placement firm, Robert Half.

The plaintiffs were two former staffing managers at Robert Half in New Jersey. The men claim that they were improperly classified as exempt from overtime pay, and wrongfully denied such pay in violation of the Fair Labor Standards Act (FLSA). The defense argued that when the men signed their employment contracts, they waived their right to resolve employment disputes in court. Their contracts provided that such disputes must be submitted to arbitration. However, their contracts were silent in regards to class wide arbitration. The two men brought an action on behalf of themselves and other putative class members who were denied overtime pay.

Shortly after filing the claim, a United States Dihttps://overtimestrict Court judge granted the defendant’s motion to compel arbitration of the employees’ individual claims. However, the district court determined that the arbitral forum had jurisdiction to decide whether class wide arbitration was permissible.  The arbitrator found that such claims could proceed on a class basis in arbitration – and when the defendant sought to overturn this ruling in district court, the trial court sided with the plaintiffs.  Subsequently, the defendant appealed this ruling and the 3rd Circuit reversed and remanded, finding that the decision lies with the courts. The United States Supreme Court then declined to hear the case on appeal. After the case was remanded, the district court granted Robert Half’s motion to dismiss, finding that parties cannot be compelled to submit to class wide arbitration unless there is a contractual basis for concluding such.

The plaintiffs appealed this decision yet again, and the 3rd Circuit recently ruled against them, finding it had already “explicitly decided,” in a precedential opinion in this same case, that the question of arbitrability of class claims is for the court, not the arbitrator, to decide.

Philadelphia Wage Dispute Lawyers at Sidkoff, Pincus & Green Represent Clients in All Types of Wage Dispute Cases

At Sidkoff, Pincus & Green, we routinely handle FLSA claims involving unpaid overtime. Our respected Philadelphia wage dispute lawyers are prepared to answer whatever questions you may have. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online.

 

 

 

Philadelphia Employment Lawyers Discuss the Pennsylvania Commissioned Sales Representative Act

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The Pennsylvania Commissioned Sales Representative Act, 43 Pa. Stat. § 1471 et seq. (“PCSRA”) provides statutory remedies for certain sales representatives when they are not paid timely commissions. Under the PCSRA, a “principal shall pay a sales representative all commissions due at the time of termination within 14 days after termination” and “all commissions that become due after termination within 14 days of the date such commissions become due.” 43 Pa. Stat. §§ 1473–74. If a principal “willfully” violates these provisions, then the sales representative may bring a civil action to collect all unpaid commissions plus exemplary damages and attorneys’ fees. Id. § 1475. The Act thus governs the payment of commissions owed by a “principal” to a “sales representative,” and a defendant can only be liable if the plaintiff is a “sales representative” as that term is used in the Act.

A key factor in determining whether you have a claim under the PCSRA is to understand how the law defines the terms “sales representative” and “principal”.

The PCSRA defines the term “sales representative” as follows:

“Sales representative.” A person who contracts with a principal to solicit wholesale orders from retailers rather than consumers and who is compensated, in whole or in part, by commission. The term does not include one who places orders or purchases for his own account for resale or one who is an employee of a principal.

Id. § 1471.

Thus, a “sales representative” is someone who solicits wholesale orders from “retailers” rather than “consumers.”

A “principal” is defined by the PCSRA as any person who does all of the following:

(1) Engages in the business of manufacturing, producing, importing or distributing a product for sale to customers who purchase such products for resale.

(2) Utilizes sales representatives to solicit orders for such product.

(3) Compensates sales representatives, in whole or in part, by commission.

Id.

Finally, a sales representative should be cautioned against bringing a meritless claim against a principal under the PCSRA.  If judgment is entered for the principal and the court determines that the action was brought frivolously, then the principal will be awarded attorneys’ fees and costs. Id. § 1475.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Represent Sales Commissioned Representatives in Claims to Recover Unpaid Commissions

If you are owed unpaid commissions, you may have a valid claim under the Pennsylvania Commissioned Sales Representative Act, among other potential causes of action. Philadelphia employment lawyers at Sidkoff, Pincus & Green will seek maximum compensation for your damages. To learn more about how we may be able to help you, call us at 215-574-0600 or contact us online today.

Philadelphia Business Lawyers: Communications Decency Act

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State Law Claims Such as Defamation and Negligence Barred under the Communications Decency Act

Under the Communications Decency Act 47 U.S.C.A. § 230 (“CDA”), a party is immune to state law claims relating to information published on the Internet such as defamation, misappropriation of likeness, breach of contract, and negligence. § 230 of the CDA states that no cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.

For example, these provisions bar state law claims against interactive computer services for publishing content obtained from another information content provider. Doe v. Friendfinder Network, Inc., 540 F. Supp. 2d 288, 293 (D.N.H. 2008). The intent of this provision is to preclude courts from entertaining claims that would place a computer service provider in a publisher’s role. Green v. Am. Online (AOL), 318 F.3d 465 (3d Cir. 2003). The Eastern District of Pennsylvania ruled that the CDA provides immunity to similar claims like misappropriation of the right of publicity, defamation, and negligence. Parker v. Google, Inc., 422 F. Supp. 2d 492, 501 (E.D. Pa. 2006), aff’d, 242 F. App’x 833 (3d Cir. 2007) citing (Carafano v. Metrosplash.com, Inc., 339 F.3d 1119, 1125 (9th Cir.) (§ 230 affords immunity from suit on claims of invasion of privacy, misappropriation of the right of publicity, defamation, and negligence)).

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

Philadelphia Business Lawyers: Arbitration Clauses Not Always Enforceable or Advisable

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Arbitration is an alternative to litigating in court and it may lead to a cheaper and more expedient result. It also may be favorable to both sides in certain situations, particularly when it concerns two equal parties with access to equivalent resources saving time and money for all concerned. However, arbitration is often a disadvantage when the playing field is not level,  and for that reason, it is a common tool used by big business against consumers and employees.

Recently the American multinational technology conglomerate, Cisco, tried to force a lawsuit by one of its employees into arbitration and lost in San Francisco Superior Court. An employee filed an age discrimination claim against Cisco. The company responded by stating that the employee had given up the right to sue when she signed her employment contract because it included a clause that said any disputes must be settled by binding arbitration. However, the clause about arbitration was buried within a form that was mainly about intellectual property claims – something every employee must sign in order to be able to work at Cisco.

Judge Harold Kahn ruled that in effect, Cisco had surprised the employee with the arbitration requirement by putting the language in one paragraph on page five of a seven page, single spaced document about proprietary information. Moreover, the language stated that the employee was also obligated to pay half the costs of any employment disputes that went to arbitration, which is against California regulations.

Arbitration is a Common Practice for Companies

Cisco is not the only company trying to use arbitration to its advantage. Wells Fargo is still recovering from the scandal that broke when the practice of opening multiple accounts in a customer’s name without their knowledge became public. Victims seeking justice were forced into binding arbitration by the bank. The original accounts had a clause about arbitration which the bank said also applied to any subsequent disputes. Due to the fact that most results of arbitration cases are not a matter of public record, the scale of the Wells Fargo scandal was kept under wraps for longer than it would have been in a court of law.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green, P.C. Defend Those Being Forced Into Arbitration

Consumers and employees need to be aware of arbitration clauses because they are extremely common. At Sidkoff, Pincus & Green, we have experience representing consumers and individuals in arbitration matters, and in court.

If you have a matter that is in arbitration, or you are concerned about signing a contract with an arbitration clause, please feel free to contact the Philadelphia business lawyers at Sidkoff, Pincus & Green, P.C.. Call us at 215-574-0600 to schedule an appointment or contact us online. We serve clients throughout Pennsylvania and New Jersey.

 

 

Philadelphia Employment Lawyers: Sexual Orientation Discrimination

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In a recent groundbreaking ruling, a Pennsylvania district court found that discrimination based on someone’s perceived sexual orientation falls under the protections of Title VII of the Civil Rights Act of 1964. The individual involved in the case was a homosexual man employed as a telemarketer by Scott Medical Health Center. The lawsuit alleged his manager made offensive and unwanted comments to him about his sexual orientation several times a week. He further claims that he was asked explicit questions and was exposed to homophobic slurs. The man claims he reported the conduct to the health center’s president, but no action was taken to stop the harassment. Ultimately, the man says that he was constructively discharged because the treatment he endured created a hostile work environment.

The defendants moved to dismiss the claim on the grounds that perceived sexual orientation was not protected under Title VII.  However, the court ruled against defendants, finding no meaningful difference existed between sexual orientation discrimination and discrimination because of sex. The court noted that sex stereotyping included assumptions about how a person’s sexuality should conform to their sex and gender. The court ultimately likened the plaintiff’s experience to that of a female employee who is told to dress more femininely, or wear make-up and jewelry in order to achieve promotion. The court cited recent decisions across the U.S. Courts that have increasingly been finding that sexual orientation is a Title VII protected trait. The court also drew from the Supreme Court opinion legalizing same-sex marriage.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Represent Employees in Sexual Discrimination and Sexual Harassment Claims

If you have suffered an adverse employment action such as failure to hire, termination, or denial of a promotion on the grounds of your sexual orientation or because of your gender, you may have a valid discrimination claim. Philadelphia employment lawyers at Sidkoff, Pincus & Green will fight back against injustice. We seek maximum compensation for damages suffered as a result of discrimination. To learn more about how we can help you, call us at 215-574-0600 or contact us online today.