Publications

FLSA Collective Actions from Demand Letter to Verdict: Key Issues and Turning Points for Plaintiffs and Defendants

By:      Michael Homans HomansPeck, LLC 215-419-7477 mhomans@homanspeck.com Gerald D. Wells III Connolly Wells & Gray, LLP 610-822-3700 gwells@cwglaw.com As presented as part of the 2024 Employment Law Institute put on by the Pennsylvania Bar Institute in Philadelphia in April 2024. Collective actions under the Fair Labor Standards Act (FLSA) present unique procedural and substantive challenges […]

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Can You Hear Me Now?

By Michael Homans Two recent cases involving deaf persons highlight the risks – and limits — of claims of disability discrimination by those with hearing impairments. In the first, the U.S. Equal Employment Opportunity Commission (EEOC) sued McLane Northeast, a distribution company with a large facility near Syracuse, NY, on behalf of a deaf applicant.

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Peloton Bicycle Maker Hits Brick Wall of Labor Law

By Michael Homans   For reasons that remain a mystery to labor and employment lawyers, many sophisticated employers continue to believe that inside sales representatives can be treated as salaried employees, exempt from overtime pay laws. Peloton Interactive, Inc., maker of the wildly popular interactive stationary exercise bikes and related products, learned the hard way

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Rejecting ‘God Guides Me’ Claim for Religious Exemption

By Michael Homans   Employers have faced an escalating array of claims of religious rights by employees objecting to Covid vaccination requirements. And surely in the 2024 election campaigns we’ll hear more about what the government did right or wrong in responding to the pandemic. Employees at AstraZeneca Pharmaceutical.took their assertion of religious rights to

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$15 Million Verdict for Gender-Biased Internal Investigation

By Robin Bond   We often represent employees who are the subject of an internal investigation at work.  Regrettably, we find that the process often is not objective and unbiased, but rather a way for the employer to justify taking pre-determined adverse action against the employee.  A recent Philadelphia jury verdict shows how dangerous –

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Co-worker’s Push for Abortion Supports Harassment Claim

Things got uncomfortable at Penn State University’s on-campus hotel when a dishwasher there informed a married co-worker that she was pregnant with his baby, according to a complaint filed recently in federal court in Harrisburg, Doe v. Pennsylvania State University. The co-worker began pressuring her to get an abortion, called her a “wh-re,” and harassed her

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The Skinny on NYC’s New Law: Height & Weight Bias Illegal.

New York City remains at the vanguard of prohibiting newly recognized forms of discrimination, recently enacting an ordinance that prohibits employers and others from discriminating on the basis of weight and height. NYC also recently joined a growing “mane-stream” of jurisdictions prohibiting hair discrimination.The NYC ordinance on weight and height became law at the end

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