1. Victory in Gender Discrimination and Retaliation Case

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    The U.S. Court of Appeals for the Third Circuit reinstated the gender discrimination and retaliation lawsuit of Stember Cohn & Davidson-Welling client Sandra Connelly, finding that the lower court improperly dismissed Ms. Connelly’s claims. Ms. Connelly was the only female truck driver employed by Lane Construction Corporation at its Pittsburgh facility.  She contends that she […]

  2. Consideration Required for PA Noncompetes

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      In a clear victory for Pennsylvania employees, the Pennsylvania Supreme Court recently held in a case of first impression that an employer cannot use so called “magic language” to impose noncompete clauses where no significant benefit is provided to the agreeing employee. The continuation of employment on its own, the court found, is not […]

  3. Obama Issues Executive Order on Paid Sick Leave for Federal Contractors

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    President Obama on Labor Day signed an executive order which requires companies that contract with the federal government to provide their workers with paid sick leave. The order, titled “Establishing Paid Sick Leave for Federal Contractors,” seeks to ensure that employees of companies which contract with the federal government are eligible for paid sick leave, […]

  4. Verdict for Stember Cohn & Davidson-Welling Client in Sexual Harassment and Discrimination Case

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    On April 17, 2015, a jury awarded Stember Cohn & Davidson-Welling client Sandra Robertson what is believed to be the largest individual plaintiff’s verdict in an employment discrimination case ever entered in the United States District Court for the Western District of Pennsylvania. The jury awarded nearly $1 million in compensatory damages and $12.5 million […]

  5. Widespread Violations of Overtime Law In Marcellus Shale Oil and Gas Industry

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    The U.S. Department of Labor recently announced the recovery of $4.5M in unpaid overtime for thousands of Marcellus Shale natural gas workers  Pennsylvania and West Virginia. The DOL’s investigation revealed significant violations of the Fair Labor Standards Act (FLSA), which resulted in employers agreeing to pay $4,409,547 in back wages to 5,310 employees. An official […]

  6. Pennsylvania Same-Sex Marriage Ruling Broadens FMLA’s Reach

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    Last week Pennsylvania joined 18 other states (including its eight neighbors in the Northeastern United States) that recognize gay and lesbian couples’ right to marry.  In Whitewood v. Wolf, federal judge John Jones III invalidated a 1996 Pennsylvania statute defining marriage as “[a] civil contract by which one man and one woman take each other […]

  7. An Update for Overtime Regulations

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    On March 13, 2014, President Barack Obama issued a memorandum to the Secretary of Labor, Tom Perez, directing him to research and “propose revisions to modernize and streamline the existing overtime regulations.”  Despite the news coverage of this memo, it was neither an executive order nor some other new law or regulation.  Rather, it is […]