Category: Employment Law

Philadelphia Wage and Hour Lawyers: Lawsuit Against Merck for Unpaid Overtime

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Pharmaceutical giant, Merck & Co., is currently involved in an employment class action lawsuit for allegedly violating the Fair Labor Standards Act. The plaintiffs include 26 full time employees from the company’s pilot plant in Rahway, New Jersey. The lawsuit claims that the employees were not compensated for the extra 45 minutes they were required to work every day before their shift officially started. In addition, the company allegedly retaliated against the employees’ complaints by threatening to close the plant and take further disciplinary actions against the employees if they continued to protest the unpaid work.

The lawsuit alleges that the overtime work responsibilities were exactly the same as those performed during the regular shift, and that the additional 45 minutes per day added up to 3.75 hours per week of unpaid overtime work.

Philadelphia Wage and Hour Lawyers at Sidkoff, Pincus & Green Represents Employees in Overtime Claims Lawsuits

The Fair Labor Standards Act, and other state laws, protect employees’ rights to receive compensation for overtime hours worked. If your rights have been violated by your employer and you have not received the payment you deserve for hours worked, contact Philadelphia wage and hour lawyers at Sidkoff, Pincus & Green so that we may examine the details of your case and pursue the best course of action on your behalf. For a confidential consultation, call our offices at 215-574-0600 or contact us online.

 

 

Philadelphia Employment Lawyers: Dental Practice Lawsuit for Sexual Harassment

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Employees of an Atlantic City dental practice have filed a lawsuit in Superior Court, alleging that two male co-workers subjected them to sexual harassment. The group of current and former employees claim that their co-workers made unwanted sexual advances, inappropriate comments and touched them without their consent. According to the lawsuit, the dental practice where they worked functioned as a “sexual harassment playground.”

The female employees assert that they were required to submit to these unwanted sexual advances or they would face adverse employment consequences. They claim that submitting to the sexual harassment was a condition of their employment and any employees that did not comply were either punished or ignored.

According to the lawsuit, the owners of the dental practice were complicit with the harassment. The employees assert that the owners were fully aware of the male employees’ actions, and even went so far as to retaliate against female employees who complained about the harassment. According to the plaintiffs, the owners responded to complaints of sexual harassment with termination, disparate treatment and increased scrutiny of complaining employees.

The plaintiffs have requested a jury trial. They are seeking money damages, attorney’s fees, and the costs of the lawsuit.

Sexual harassment is one of the most well known types of employment discrimination. Unfortunately, sexual harassment in the workplace is an all too common matter. If you believe that you are the victim of sexual harassment and your employer has not protected you from mistreatment, you may be entitled to take legal action.

Philadelphia Sexual Harassment Lawyers at Sidkoff, Pincus & Green Protect the Civil Rights of Employees

As the victim of sexual harassment, you may feel powerless, frightened and vulnerable. However, sexual harassment on the job need not be tolerated. An experienced Philadelphia sexual harassment lawyer at Sidkoff, Pincus & Green can help you to protect your job, stop the harassment or seek money damages. Our experienced attorneys stay on the cutting edge of recent litigation and have a thorough understanding of how the courts define sexual harassment. Speak to a lawyer today to help you determine the best course of action for your case. We will advocate zealously on your behalf to protect your rights. With offices in Philadelphia, we represent clients in Philadelphia and South Jersey. Call us at 215-574-0600 or fill out an online contact form today.

Philadelphia Employment Lawyers: Sizeable Settlement for Colorado Sexual Harassment Victims

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A Colorado potato packing plant has settled a lawsuit alleging a history of sexual harassment. According to the suit, female employees were subjected to sexual harassment at the MountainKing Potatoes plant in Monte Vista, CO for more than a decade. The plant’s operators will distribute a sum of $415,000 among 13 employees represented in the suit, and an additional $35,000 to cover legal fees for Colorado Legal Services, who helped some of the women file their complaints.

The Equal Employment Opportunity Commission (EEOC) filed the lawsuit against Smokin’ Spuds, Inc. and Farming Technology, Inc. on behalf of four female employees, alleging that a male supervisor had harassed women at the plant since 2001. The 13 employees in the suit were subjected to repeated inappropriate touching, lewd comments and propositions. The suit also claims that three of the women were fired after complaining about the harassment.

The supervisor was terminated as part of the settlement and the plant’s operators will provide discrimination law training and post signs notifying workers of their rights. They have also sent letters of apology to each of the women involved in the suit.

EEOC Increases Efforts to Protect Agricultural Workers

Agricultural workers seem to be at high risk for this type of harassment, as many are not aware of their rights and cannot afford legal representation. The MountainKing suit is one of several recent harassment cases in growing and packing facilities across the United States, including a $17 million settlement involving a produce packing operation in Florida. These cases seem to disproportionately affect immigrant women who cannot advocate for themselves, either because of a language barrier or simply because they do not know what resources are available to them.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Protect Rights of Sexual Harassment Victims

Philadelphia employment lawyers at Sidkoff, Pincus & Green handle all types of employment discrimination and harassment cases. We will give your case the personal attention you deserve and prepare a sound legal strategy to aggressively defend your rights. With offices conveniently located in Philadelphia, we help victims of sexual harassment throughout Southeastern Pennsylvania and South Jersey. Call us today at 215-574-0600 or contact us online to review your case with a knowledgeable sexual harassment lawyer.

Philadelphia Overtime Lawyers Discuss: Cleaning Company Sued for Violating FLSA

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The owner of Heits Building Services of Central and Northern New Jersey is facing a federal lawsuit for violating labor laws at the expense of the company’s workers. Giuseppe Grammatico has been accused of selling “franchises” to individuals, then treating them like employees instead of independent contractors.

According to the lawsuit, Grammatico heads Grammatico Enterprises Inc. which provides cleaning services through Heits Building Services for customers around New Jersey. He has been charging workers $8,250 to acquire their own cleaning franchise and clean for his clients. However, rather than being treated as independent franchise owners, all monies and contracts were handled by Grammatico.

As pled in the lawsuit, Heits Building Services assigned contracts to franchise owners, collected payments from clients and paid workers their wages after taking a percentage for “management fees.” Workers were prohibited from contacting new clients and were also required to use cleaning products purchased from Heits. The suit also claims that workers did not receive overtime pay.

The lawsuit accuses Grammatico of implementing this particular business model to avoid paying fair wages and overtime. Grammatico denies this claim and purports that many other businesses classify franchises the same way. Moreover, the defendant asserts that his business model benefits franchise owners by providing them with the necessary training and support they need to be successful.

The Labor Department disagrees. In recent years, both federal and regional authorities such as New Jersey’s Wage and Hour Labor Division have grown increasingly aware of the uptrend in what is known as employee misclassification. The independent contractor misclassification is one of the most increasingly common type of labor violations. Employee misclassification deprives workers of wages and benefits and contributes to an unfair business advantage for companies that misclassify workers. If the Labor Department wins the lawsuit against Grammatico, affected workers should recover back wages for unpaid overtime and unpaid Social Security contributions.

Philadelphia Overtime Lawyers at Sidkoff, Pincus & Green Represent Employees in Fair Labor Violation Lawsuits

Our team of Philadelphia overtime lawyers at Sidkoff, Pincus & Green have represented employees in FLSA claims for unpaid overtime. Please call 215-574-0600 or contact us online today to schedule your consultation.  

Philadelphia Business Lawyers: Conditional Class Certification for Collective Actions

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Getting a conditional class certified in court requires the plaintiff to show by a preponderance of the evidence that the rest of the opt-in plaintiffs were “similarly situated.” In Jarosz v. St. Mary Med. Ctr., PICS Case No. 14-1560 (E.D. Pa. Sept. 22, 2014), an employee claimed she was never properly compensated for performing work during her meal break, and that this was a policy throughout her work. The court decertified the potential class because the circumstances showed this meal break policy was not centralized. Factors such as employees from other departments and positions, as well as the fact that meal breaks were scheduled differently depending on the department, aided the court in reaching its decision.

This court’s decision is important to show that just being employed by the same employer is not enough for additional plaintiffs to opt-in to a class action (collective action) suit. The “similarly situated” standard is focus in this court’s holding. The certification of a class action becomes inappropriate when individual issues would overcome issues that the class as a whole would have.

Philadelphia Employment Lawyers at Sidkoff, Pincus and Green are Experienced in All Areas of Business Litigation including Class Action Lawsuits

Philadelphia Business Lawyers at Sidkoff, Pincus and Green represent clients in all areas of Employment Law, and handle class action lawsuits.  For more information contact us online, or call 215-574-0600.

Philadelphia Employment Lawyers: Fair Labor Standards Act, Unpaid Wages, Class Action/Collective

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Employees should be paid for all the work performed by them for their employer. The Fair Labor Standards Act (“FLSA”) requires employers to pay employees for all hours worked. In addition, the FLSA requires compensation at a rate of at least 1.5 times an employee’s regular rate of pay, whenever that employee has worked over 40 hours in one workweek. Under the FLSA, employers must keep wage and hour records. As long as employees meet the requirements to be covered, FLSA gives employees a cause of action when they have been improperly paid for their performance. When an employer violates the FLSA and has employees and has locations in multiple states, employees in similar situations may bring a collective action. Normally these claims arise from overtime work that is unpaid, but in the following case, the claim arises from unpaid work performed before work.

In a recent case, plaintiffs were granted conditional certification of their collective action for a policy that required them to perform pre-shift work without any compensation. Tompkins v. Farmers Ins. Exch., PICS Case No. 15-1390 (E.D. Pa. Aug. 18, 2015). The court held that the employees satisfied their burden to show employees in 49 states were performing unpaid pre-shift work and did not have to show there was any written policy or procedure by the employer. The court further discussed that certification of a collective action is a two-tier process. The first-step is being able to show the proposed employee group can be determined similarly situated, to allow discovery on the issue. Once discovery is complete, the second-step by the court is to decide if the employee group is in fact similarly situated.

The Philadelphia Wage and Hour Lawyers at Sidkoff, Pincus & Green Represent Workers Who Have Not Received Proper Overtime Compensation

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green help those who have been inadequately paid for their overtime work, we handle class action lawsuits.  For more information contact us online, or call 215-574-0600 to schedule a consultation.

Philadelphia Wage and Hour Lawyers Discuss Lawsuit Filed Against Movie Company for Minimum Wage Violations

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A Montgomery County resident and former employee of Movie Tavern Partners filed a class action lawsuit against the company citing minimum wage violations. The ex-employee filed for herself and on behalf of other employees who were treated similarly. The lawsuit cites violations of the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act.

According to details of the complaint, the plaintiff worked as a runner for the company’s Collegeville location from March to August of 2014. The suit says that because the company applied a tip credit against their wages, they were not paid the mandated minimum wage for the hours they worked.

The law states that an employer may pay its employees less than minimum wage if the customer tips combined with the tip credit wage equals at least minimum wage. The employer must also make the employees aware of its intention to pay a tip credit wage so that the employees are aware of what their salary will be. According to the lawsuit, the company did not notify its employees, and they only paid the tip credit wage.

The class action lawsuit seeks unpaid wages, unpaid overtime, liquidated damages, attorney fees, court costs and other costs that the court deems appropriate.

Philadelphia wage and hour lawyers at Sidkoff, Pincus & Green, P.C. provide experienced, dedicated legal counsel for employees experiencing wage and hour issues and violations of the FLSA by their employer. For more information, call our Philadelphia FLSA lawyers at 215-574-0600 or contact us online.

Philadelphia Employment Lawyers: Executive Order to Provide Sick Leave for Federal Contractors

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Federal contractors will soon be entitled to paid sick leave, including paid leave for family care. President Obama recently signed an executive order that will guarantee paid sick leave to approximately 300,000 employees. In an effort to attract and retain dedicated, talented employees, access to paid sick leave will provide a more comprehensive benefits package to federal contractors.

According to the executive order, employees can earn up to seven days of paid time off each year. This paid leave can be used for issues including, but not limited to a medical condition, caring for a family member, domestic violence or time needed to seek counseling or legal representation.  Individual employers may decide to provide more than seven days, but this is the minimum amount of days federal contractors must provide its employees.

For more information about how this executive order will affect your employee benefits, call Philadelphia employment lawyers at Sidkoff, Pincus & Green at 215-574-0600 or contact us online.

Philadelphia Employment Lawyers: Medical Leave

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Employers have a duty to inform workers about Medical Leave request’s deficiencies.

The Third Circuit (PA, NJ, and DE) recently ruled that Employers cannot deny a request for medical leave under FMLA if the request is not complete or insufficient to be reviewed. Instead, the employer has a duty to inform the employee their request is insufficient and give them the chance to correct it.  In Hansler v. Lehigh Valley Hosp. Network, No. 14-1772, 2015 WL 4925819 (3d Cir. Aug. 19, 2015) the Third Circuit ruled that the employee’s FMLA request was “insufficient” and she should have gotten the chance to fix the request within seven (7) days. Instead the employer simply denied the request with no further review into the request, and never gave notice to the employee until her termination for taking time off for her undiagnosed medical condition.

The regulations surrounding these type of requests never allow for a request to be incomplete, essentially meaning there is no official request by the employee until there is a completed submitted request. This ruling protects employees who are facing a potentially new and undiagnosed condition, or anyone who does not submit a completed form. This ruling offers increases employers’ duties in regards to improper leave requests.

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

Philadelphia Overtime Lawyers: The Fair Labor Standards Act

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The Fair Labor Standards Act (“FLSA”) was enacted in 1938 in an effort to regulate the work environment.  The FLSA requires employers to pay employees for all hours worked.  Additionally, if an employee works in excess of forty hours in a workweek, the FLSA requires the employer to pay the employee a rate of at least one and a half times the employee’s regular rate of pay.  However, the FLSA does not apply to all employees; some employees are exempt.  Many states, including Pennsylvania, have laws which parallel the FLSA.

In order to calculate the correct amount of hours an employee worked, it is important to determine what activities constitute “work” and when the workday starts.  This is of particular importance for employees who: work from home, travel, are required to wear protective equipment or clothing, or need to take preliminary steps so that they can perform their job. Employers who violate the FLSA can be liable for damages for unpaid overtime, liquidated damages, reasonable attorneys fees and costs, and criminal penalties.

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