Put the Penn Down: 3rd Circuit Decision and its Effect on ERISA Class Action Claims

On May 2, a three-judge panel overturned a lower court’s decision in an Employee Retirement Income Security Act (ERISA) class action case in a 2-1 decision. The case, Sweda et al., v. University of Pennsylvania et al., centered on a group of University of Pennsylvania employees who felt that the school was not meeting its fiduciary burden when managing their retirement funds.

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EEOC Sees Uptick in Sexual Harassment Charges, Lawsuits Filed in 2018

eeoc_3As the #MeToo movement reaches its first anniversary this year, we have been reflecting on what a dynamic year it has been for employment law. It’s almost hard to believe that it has only been one year since the earth-shattering allegations against Harvey Weinstein were made public, catalyzing the movement.  Perhaps unsurprisingly, one of the biggest effects of the #MeToo movement has been an increase in the number of sexual harassment charges and lawsuits filed in 2018.  A similar swell was seen in the year following the Anita Hill hearings, as Clarence Thomas was confirmed to the U.S. Supreme Court. Continue reading

Local Case of Note: DDOL Wins Summary Judgment

The Case

deptoflaborThe Third Circuit recently had the opportunity to rule on a case brought against the Delaware Department of Labor’s Office of Anti-Discrimination (“OAD”), by its former Acting Administrator. The OAD was awarded summary judgment, and the Third Circuit confirmed the award, holding that even accepting all of the employee’s allegations as true, there was no legal basis to conclude that OAD had violated the federal Equal Pay Act. Continue reading

Why the Next Supreme Court Nomination Is Important for Employment Law

Supreme CourtThe 2018 Supreme Court spring rulings were undeniably victorious for employers. Epic Systems Corp. v. Lewis ruled that workers have to abide by arbitration agreements, and that such provisions do not violate the collective bargain rights of the National Labor Relations Act.  A second, Janus v. AFSCME, ruled that public-sector unions cannot require fair share fees from workers who do not wish to join the union.  The impact of these decisions has been significant for public- and private-sector employers, nationwide. Continue reading

Life after Epic Systems: Almost 3000 Workers Are Dropped from Chipotle’s Wage Suit

chipotle picWhen the Supreme Court ruled on Epic Systems v. Lewis on May 21, 2018, they altered how cases involving collective action would play out. We are currently seeing the results of the Court’s decision in the case of Turner et al v. Chipotle Mexican Grill, Inc. Continue reading

What We Know about the Prospective Justice Kavanaugh

Judge Brett Kavanaugh will likely have his confirmation hearing in the near future.Supreme Court The media has spent many news cycles and think pieces addressing hot-button topics including his views on Roe v. Wade, Obergefell v. Hodges, and investigations into the Executive Branch. These are all important issues, but for the sake of this blog, we care about how he will rule on labor- and employment-related matters. Continue reading