Category: Employment Law

Philadelphia Sexual Harassment Lawyers: Verdict Against FedEx For Sexual Harassment

By ,

A federal jury awarded $3.2 million in a sexual harassment suit against Federal Express Corp. — including $2.5 million in punitive damages despite a $300,000 federal cap on damages. Pennsylvania case law bars awards of punitive damages under the Pennsylvania Human Relations Act. Plaintiff, Marion Shaub, was a former FedEx tractor-trailer driver, who claimed she was harassed by her supervisor and co-workers and that the brakes on her truck were sabotaged on five occasions in an attempt to intimidate her.

The jury found in favor of Shaub on her sexual harassment and retaliation claims and concluded that FedEx was liable for intentional infliction of emotional distress. Shaub was awarded $101,400 in back pay; $290,000 in front pay; $350,000 in compensatory damages for emotional suffering; and $2.5 million in punitive damages, for a total award of $3,241,400.

Although Pennsylvania case law bars awards of punitive damages under the PHRA, they are allowed under Title VII — but cannot exceed the cap. FedEx is likely appeal, to argue that the punitive damages must be reduced by $950,000. EEOC regional attorney Jacqueline McNair said the verdict “sends employers a loud and clear message that sex discrimination and retaliation are simply unacceptable.”

For more information on gender discrimination or sexual harassment in the workplace, call Philadelphia gender discrimination lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.  

Philadelphia Overtime Lawyers: Fracking Water Transportation Falls Under FLSA Overtime Rules

By ,

Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a given workweek at a rate of atleast one and a half times their regular rates of pay.

This month, U.S. District Judge Malachy E. Mannion of the Middle District of Pennsylvania ruled in Mazzarella v. Fast Rig Support that truck drivers delivering fracking water to gas drilling rigs within the state are covered by the FLSA and must receive overtime pay in accordance with FLSA guidelines.

After working more than 45 hours a week without receiving overtime pay, the employees of FAST Rig Support, LLC and First Americans Shipping and Trucking Co. filed an FLSA and Pennsylvania Minimum Wage Act claim earlier this year. The defendants filed a motion to dismiss the claims, arguing that the Motor Carrier Act, which provides exemptions from FLSA regulations, governs work performed by the plaintiffs.

In his ruling, Judge Mannion stated that the plaintiffs effectively pleaded a claim for violations of the overtime provisions of the FLSA and that “defendants have not shown that the motor carrier exemption applies sufficiently to justify dismissal”. Peter Winebrake, counsel for the more than 40 plaintiffs, believes this ruling represents a significant development that will have a broader impact on labor standards in Pennsylvania.

Philadelphia employment lawyers for FLSA at Sidkoff, Pincus and Green P.C.  represent clients in all matters of employment law including wage and hour disputes, FLSA violations, overtime claims and more.  Our Philadelphia business lawyers are highly skilled in trial litigation and complex negotiations.  Contact Sidkoff, Pincus and Green online or call today at 215-574-0600.

Philadelphia Employment Lawyers: Woman Fired Following Struggle with Alcholism

By ,

Delaware resident, Mary McGee has filed suit against her former employer Exelon Generation Co. alleging unlawful discrimination and retaliation in response to her struggle with alcoholism in 2014.

According to the complaint, McGee was instructed not to return to work for 24 hours after being hospitalized in November after fainting at work while under the influence of alcohol. The day after, McGee was administered a drug alcohol test, which she failed with a BAC of .01. After completing an outpatient treatment program and producing clean test results, McGee was not given a return-to-work date and she subsequently relapsed. McGee then voluntarily admitted herself into a rehabilitation center and was cleared to return to work in early May of 2014.

The lawsuit, filed in U.S. District Court for the District of Pennsylvannia, states that McGee was then terminated on July 16 for “violating the company’s code of ethics”. She alleges that Exelon did not provide accommodation for her disability and was therefore wrongfully terminated. McGee is now seeking injunctive action against Exelon along with punitive damages, compensatory back and front pay with benefits, attorney fees and court costs.

Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. are experienced in handing all aspects of employment law, including wrongful termination. Call us today at 215-574-0600 to schedule a consultation or submit an online contact form.