Category: Employment Law

Pennsylvania Supreme Court to Review Scope of Peer Review Protection Act

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The Pennsylvania Supreme Court granted a petition for allowance of appeal on July 7 to take up the question of whether peer reviewed documents prepared by a health care facility’s third-party contractor are privileged under the Peer Review Protection Act (PRPA). Reginelli v. Boggs, No. 1584 WDA 2014 (Pa. Super. Ct., Oct. 23, 2015).

PRPA is a statute that incentivizes healthcare professionals to police themselves by making both the proceedings and records of a peer review committee confidential in any civil action. The goal of the statute would be to invoke honest and critical evaluations of decisions of medical professionals by their peers, and improve the quality of medical care.

The lawsuit, Reginelli v. Boggs, involves a negligence suit against Monongahela Valley Hospital Inc., and Dr. Marcellus Boggs. Boggs, although a physician in the hospital’s emergency room, was actually an employee of an independent contractor. When plaintiffs moved to compel discovery of peer review documents prepared by Boggs’ supervisor, questions regarding privilege arose. The Washington County Court of Common Pleas ruled that the documents were not privileged, and The Superior Court upheld the ruling. The Superior Court stated:

“The hospital therefore cannot claim that the file is the hospital’s privileged peer review, since, as the trial court noted, ‘it is untenable that the hospital could claim a privilege for documents that it neither generated nor maintained.’ Thus, any privilege that may exist regarding Dr. Boggs’ performance file cannot be invoked by the hospital.”

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Represent Clients in the Healthcare Industry

The Philadelphia employment lawyers at Sidkoff, Pincus & Green offer high quality legal services in all employment-related matters. To discuss your rights and legal options, contact us online or call 215-574-0600 today.

Philadelphia Whistleblower Lawyers: Ernst & Young Qui Tam Case

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A Ninth Circuit panel upheld their decision to dismiss a Qui Tam action filed against the now defunct Corinthian Colleges and their accountant, Ernst & Young. The two employees who filed the suit claim that both these institutions defrauded the federal government out of billions in education funds from the Higher Education Act through the misuse of quota-based requirement practices.

In addition to standing by their dismissal, the panel also reversed sanctions for $1.5 million against the attorney of the two whistleblowers for what was originally deemed as being a “frivolous” suit.

The two workers whose case was dismissed in 2009 and again in 2013 tried to revive it a third time in May of 2016, claiming that the lower court had not examined any key evidence.

In the previous dismissal, the college stood by its claim that the plaintiff’s attorneys recruited the two employees for the case knowing that they failed to pass two crucial tests required to pursue False Claims Act (FCA) violations: firsthand knowledge of the alleged wrongdoing and an ability to present claims that have never been publicly disclosed. In this instance, both employees could not prove that they had firsthand knowledge and the college’s practices had already been disclosed to the government in a similar 2005 case.

Federal whistleblower law protects those who report, either verbally or in writing, to the government any waste or misuse of federal funds by an employer from retaliation or discrimination. Depending on the ruling rendered, an employee may be entitled to between 15 and 25 percent of what the government recovers from its losses. If the government does not wish to proceed with a case, the employee can pursue a claim themselves.

Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Offer Counsel in Qui Tam Actions

If you or someone you know wishes to report the misuse or waste of government funds or has been retaliated against for doing so, Philadelphia whistleblower lawyers at Sidkoff, Pincus & Green can advocate for you. Individuals who have reported False Claims Act violations in good faith should not fear intimidation at the hands of an employer and their lawyers. We will aggressively fight for you. To schedule a consultation, call us at 215-574-0600 or contact us online today. With offices located in Philadelphia, we fight for the rights of whistleblowers throughout Pennsylvania and South Jersey.

Philadelphia Employment Lawyers: U.S. Labor Department Announces Increased Penalty Amounts

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In response to the Federal Civil Penalties Inflation Adjustment Act passed in November 2015, the U.S. Labor Department announced on June 30, 2016 that it is increasing the monetary penalties for a number of different violations of labor and employment laws. The law, almost self-explanatory by its title, makes it so federal agencies have to adjust their penalties for inflation every year, although the amount of increase is capped at 150 percent of the existing penalty amount. The purpose of the act was to make the penalties as effective as possible while still maintaining their deterrent effect.

Among the most notable increases is the Occupational Safety and Health Administration (OSHA), which will see about an 80% increase in maximum penalties. The top penalty for serious violations will rise from $7,000 to $12,471, and the maximum penalty for willful or repeated violations will rise from $70,000 to $124,709. OSHA has not raised its penalties since 1990. The Wage and Hour Division (WHD) will increase its penalty for willful violations of the minimum wage and overtime provisions of the Fair Labor Standards Act from $1,100 to $1,894. There will also be penalty increases in the Office of Workers’ Compensation Programs, the Employee Benefits Security Administration, and others.

The new penalty amounts are applicable to civil penalties assessed after August 1, 2016, for violations that occurred after November 2, 2005.

Philadelphia Employment Lawyers at the Law Offices of Sidkoff, Pincus & Green Represent Clients in All Matters of Employment Law

If you suspect your employer is in violation of labor and employment laws, contact the Law Offices of Sidkoff, Pincus & Green to discuss your legal options. Contact us online or call 215-574-0600 to schedule a confidential consultation with one of our experienced Philadelphia employment lawyers.

Philadelphia Employment Lawyers: Employees do not Need to Expressly Assert Rights Under the FMLA in Order to be Protected

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In Raimondi v. Wyo. Cnty., an employee was granted partial summary judgment on a FMLA interference claim. No. 3:14cv1918, 2016 WL 2989067 (M.D. Pa. May 24, 2016). Debra Raimondi was the Director of Wyoming County’s 911 Center. Raimondi took a leave of absence from the 911 Center to travel to Indiana to care for her sick parents. While in Indiana, she was informed by the Commissioner’s Office that she would not be returned to her prior position and the she would be terminated unless she chose to resign. After returning to Pennsylvania and choosing not to resign, Raimondi was terminated.

In order to state an FLMA interference claim, a plaintiff must establish that establish: (1) she was an eligible employee under the FMLA; (2) the defendants were an employer subject to the FMLA’s requirements; (3) she was entitled to FMLA leave; (4) she provided notice to the defendants of her intention to take FMLA leave; and (5) she was denied benefits to which she was entitled under the FMLA. The key issue for the Court to determine was whether Raimondi had provided sufficient notice of her intention to take FMLA leave. The Court relied on Third Circuit precedent which stated, “while an employee seeking FMLA leave must state a qualifying reason for the needed leave and fulfill notice requirements, the employee does not need to expressly assert rights under the Act or even mention the FMLA.” Since the FMLA does not require an employee to specifically request FMLA leave and Raimondi provided adequate notice to her employer about the reason for her leave of absence, the Court granted her motion for partial summary judgment.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Have Superior Knowledge of FMLA Laws

Philadelphia employment lawyers of Sidkoff, Pincus & Green aggressively protect employees’ rights under FMLA and other employment laws. To schedule a confidential consultation, call 215-574-0600 or contact us online.

Philadelphia Employment Lawyers: Retaliation Claims Include Third-Parties Who Did Not Participate in Protected Activity

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In Thompson v. N. Am. Stainless, LP, 562 U.S. 170, 131 S. Ct. 863, 178 L. Ed. 2d 694 (2011), the Supreme Court ruled that a third-party may have a cause of action for retaliation against their employer, even if they were not participating in the protected activity. In this case, an employee filed a complaint against her employer with the Equal Opportunity Commission (EEOC) for sex discrimination. Once the employer was put on notice about the complaint filed against them, it only took about three weeks until they fired the employee’s spouse. The spouse then brought a retaliation claim against the employer alleging he was terminated based on his wife filing a complaint. The relevant section of Title VII prohibits an employer to “discriminate against any of his employees … because he has … made a charge … under this title.” The lower courts ruled against the employee finding that he did not have a cause of action since he was not the one to file the complaint. However, the Supreme Court held that the retaliation provision must be read broadly to include a wide range of employer actions.

Philadelphia Employment Lawyers at the Law Offices of Sidkoff, Pincus & Green Handle Employment Litigation Matters 

Philadelphia employment lawyers at the Law Offices of Sidkoff, Pincus & Green advocate on behalf of victims of retaliation in the workplace. To discuss your case with one of our knowledgeable and highly skilled Philadelphia employment lawyers, call 215-574-0600 or contact us online.

Philadelphia Employment Lawyers: VA Employee Wins Suit Against Pennsylvania County After Being Terminated for Political Affiliation

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In Wren v. County of Luzerne, No. 3:11-CV-1769 (M.D. Pa. May 12, 2016), Richard Wren, the Director of Luzerne County’s Veterans Affairs Department, claimed he was terminated for his support of a county commissioner. Two other county commissioners, who opposed the commissioner that Wren supported, began to terminate employees like Wren from county positions. Following his termination, Wren sued the county alleging that they violated the First and Fourteenth Amendments under the Civil Rights Act, Section 1983, and the Pennsylvania Human Relations Act.

The county argued that Wren’s termination was based on non-retaliatory reasons. Specifically, the county presented evidence that Wren had falsified a receipt, which they stated was immediate grounds for dismissal. Wren argued that the county used the falsified receipt as a pretext to terminate him. As evidence that he was terminated strictly for his political affiliations, Wren pointed to the fact that he was never subjected to any disciplinary action before being terminated. He sought to recover $106,000 in back pay and compensatory damages. The jury found that Wren’s political affiliation was a substantial or motivating factor for his termination and awarded him $200,000.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Represent Employees in Cases Involving a Wrongful Termination

If you believe that you have been retaliated against or wrongfully terminated because of your political affiliation or other unjust causes, you may be entitled to file a claim against your employer. Contact the law firm of Sidkoff, Pincus & Green by calling 215-574-0600 today to schedule a confidential consultation with one of our experienced and highly skilled Philadelphia employment lawyers or contact us online.

Philadelphia Employment Lawyers: Bank of America Discrimination Claim

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A female banker at Bank of America has filed a lawsuit against her employer, alleging that the company underpays female employees, and that she was retaliated against for speaking up about the company’s illegal and unethical business practices. The banker, a 42-year-old single mother of three children, is seeking over six million dollars plus punitive damages and additional compensation. She filed suit in a Manhattan federal court, where many other cases are pending against Wall Street banks alleging similar claims.

The complainant asserts that during her tenure at Bank of America she suffered from an egregious pay disparity in comparison to her male coworkers, being paid less than half than the man who shares the same title she does.

In addition, she claims that the bank condoned acts of discriminatory conduct committed by her boss, and violated the federal Dodd-Frank whistleblower protections by suspending her after she made complaints about alleged illegal activity that harmed clients of the bank.

She alleges that she was treated more like an intern than a valued employee, and was asked demeaning questions such as whether her eyes have always been so blue. She also claims that she was banned from attending important client events.

She has accused the bank of other unlawful activities unrelated to discriminatory practices, such as refusing to tell regulators how a colleague falsified trading records to conceal lies he told a major client about prices. She claims that the man who held her same title (structured products chief) was “front running” by purchasing bonds for Bank of America despite knowing that a competitor wanted them, and rigging a debt auction to benefit a favored hedge fund in which Bank of America also participated.

In response, a spokesman for the Bank of America has stated that the company takes all allegations of inappropriate behavior seriously and investigates them thoroughly.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Fight Unlawful Sex and Gender Discrimination

If you or someone you know has been the victim of unlawful discrimination or retaliation, the respected Philadelphia employment lawyers at Sidkoff, Pincus & Green can help you pursue legal action to hold the responsible parties accountable. To schedule a consultation, call us at 215-574-0600 or contact us online today. With offices conveniently located in Philadelphia, we represent businesses throughout Pennsylvania and South Jersey.

Philadelphia Employment Lawyers: CEO Harassment Allegations

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A former president of an Omnicom ad agency has sued the company’s CEO, Alexei Orlov, claiming that he was terminated in retaliation for complaining about Orlov’s harassing behavior. The plaintiff filed suit recently in a Los Angeles court, seeking damages and alleging a violation of the California Fair Employment and Housing Act (FEHA); failure to prevent discrimination and retaliation; retaliation in violation of the California Labor Code; and wrongful termination in violation of public policy. The case echoes another recent ad agency discrimination lawsuit where the chief communications officer of J. Walter Thompson accused the CEO of making racial and sexist slurs.

According to the Omnicon lawsuit, at one time Orlov pressured a young female employee who worked on the company’s Pfizer account to get him free Viagra directly from Pfizer, telling her that he needed the medication because he had a young wife.

The plaintiff also claims that Orlov failed to promote a female employee to the position of managing director because she was “too pretty” and no one would take her seriously.

Allegedly, after the plaintiff complained to Orlov about a drunken male co-worker who made inappropriate comments about a female coworker, Orlov dismissed the complaint because he did not want to see the employee reprimanded.

Orlov also allegedly made anti-Semitic comments to a Jewish employee, saying he was miserly with money because he was Jewish.

The plaintiff claims that after complaining to the agency’s global head of human resources and encouraging other staff members to do so, Orlov sent him a text message asking him why he did not first call him directly before going over his head. Less than a month later, the plaintiff was terminated.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Fight for Victims of Harassment and Retaliation

If you are facing harassment or discrimination at work, there are certain steps you can take to protect your rights. The experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green handle all types of employment-related claims, including retaliation, wrongful termination, sexual harassment, EEOC claims, wage and hour/overtime violations, and more. If you are being harassed, check your company’s reporting requirements and report your concerns to the party designated to receive complaints. To speak to a qualified lawyer about your case, call us at 215-574-0600 or contact us online today. With offices conveniently located in Philadelphia, we represent clients throughout Southeastern Pennsylvania and South Jersey.

Philadelphia Wage and Hour Lawyers: Truck Drivers FLSA Exception

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Employer of Truck Drivers Who Transported Water to Hydraulic Fracking Sites Does Not Qualify for FLSA Exception Under MCA

In Mazzarella v. Fast Rig Support, LLC, a group of truck drivers who transported water to and from hydraulic fracking sites brought suit against their employer to recover unpaid overtime wages. No. 15-3116, 2016 U.S. App. LEXIS 9687 (3d Cir. May 23, 2016). The truck drivers asserted that their employer violated the FLSA because they often worked more than 40 hours per week but were only paid overtime when they worked over 45 hours in a week. In response to the truck drivers’ claims for unpaid overtime, the employer argued that they were exempt from the FLSA under the Motor Carrier Act. Under the Motor Carrier Act, employers are exempt from the FLSA if they are engaged in transportation between “a State and a place in another State.” 49 U.S.C. § 13501.

The District Court for the Middle District of Pennsylvania ruled in favor of the plaintiffs and held that the employer had not shown the water and drivers were engaged in a “continuous stream of interstate travel” because the water transported involved in the fracking process becomes contaminated and “substantially modified”, resulting in “two separate commercial transactions,” one “before the water becomes tainted” and one after the fracking process is complete. The Third Circuit affirmed the ruling of the District Court. The Court stated that the employer did not present sufficient evidence that the truck drivers were involved in a “continuity of movement in interstate commerce.”

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

 

Philadelphia Employment Lawyers: EEOC Guides Employers Dealing with Leave and the ADA

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The Equal Employment Opportunity Commission (EEOC) issued a statement on May 9, 2016 to help guide employers in situations regarding Employer-Provided Leave and the Americans with Disabilities Act (ADA).

The EEOC’s statement was meant largely to clarify when and how leave is to be provided in cases of an employee’s disability under the ADA.

As a general note, employees that request leave under an existing policy within the company should have the same access to leave as all other employees. Even when an employee has used up any paid days of leave or if the employer does not have an existing leave policy, an employee may still be entitled to receive leave as a reasonable accommodation, as long as the leave does not create an undue hardship for the employer.

One of the key points the statement explains is that communication is key once leave is requested by an employee. The EEOC calls this the “interactive process”, which allows the employer to obtain information relative to granting leave that is not covered under an existing leave program. Even after the leave has been granted, communication is still very important to determine return dates and conditions upon return for the employee.

You can access the statement from the EEOC here.

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