Rubin, Fortunato & Harbison P.C. - News & Publications

U.S. Supreme Court To Consider Scope of Outside Sales Exemption Under FLSA

2011-11-28T21:42:09+00:00

EMPLOYMENT LAW ALERT

November 28, 2011

The U.S. Supreme Court this morning agreed to consider whether pharmaceutical sales representatives are covered by federal overtime pay requirements. Two former GlaxoSmithKline sales representatives filed the appeal seeking overtime pay and a determination that they do not qualify as “outside sales employees” under the Fair Labor Standards Act – a classification that would otherwise exempt them from receiving overtime pay.

Previously, both the U.S. Secretary of Labor and the Second Circuit Court of Appeals found the FLSA exemption inapplicable to pharmaceutical sales representatives, agreeing that they are entitled to overtime compensation. Earlier this year, the Ninth Circuit Court of Appeals ruled otherwise, finding the Labor Department’s arguments inconsistent with labor regulations and holding that the GSK representatives were not entitled to extra pay because they fell under the outside-sales employee exemption. The Supreme Court’s decision to grant certiorari appears to be an effort to resolve this Circuit split. The Court will likely decide what level of deference is owed to the Secretary …

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Rubin Fortunato Welcomes Lauren Fuiman Cell

2011-10-31T18:31:46+00:00

Attorney Lauren Fuiman Cell, Esq. has joined the law firm of Rubin, Fortunato & Harbison P.C. as an Associate.

Fuiman Cell, who most recently served as a Judicial Clerk to the Honorable Timothy R. Rice, Magistrate Judge, Eastern District of Pennsylvania, will focus her work on general Employment Law client matters and assist in the development of employment litigation case strategies.

Her background also includes serving as a Judicial Clerk to the Honorable Louis R. Meloni, Superior Court, Civil Division, Camden County, New Jersey, and as a Summer Associate in the Legal Department of Cosi, Inc.

She is a summa cum laude graduate of both Saint Joseph’s University and the Drexel University Earle Mack School of Law. She is licensed to practice in Pennsylvania and New Jersey

Lauren, who volunteers for the Court Appointment Special Advocate (CASA) Association providing assistance to neglected children during the court process, recently moved to Springfield, PA, where she resides with her husband.

RFH FYI: The IRS’s Voluntary Classification Settlement Program

2011-09-29T16:59:07+00:00

Attorney Peter Rosenzweig discuses the IRS’s recent (September 21, 2011) announcement of the Voluntary Classification Settlement Program (“VCSP”):

My August 2011 newsletter highlighted current issues and best practices concerning the payment of overtime compensation to employees. That newsletter seems even more timely considering the IRS’s recent (September 21, 2011) announcement of the Voluntary Classification Settlement Program (“VCSP”). The VCSP is a voluntary program that provides an opportunity for taxpayers (i.e., employers) to reclassify misclassified workers (i.e., those workers previously classified as non-employees or independent contractors) as employees for employment tax purposes. The program applies to future tax periods and offers partial relief from federal employment taxes for the prior year.

The classification of workers as employees (W-2’s) or independent contractors (1099’s) can, at times, be difficult and the improper classification of a worker as in independent contractor when he/she is truly an employee could present liability for the employer. For any worker determined to have been improperly classified in this manner, the employer could (in addition to imposed penalties, fines, and interest) be subject …

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RFH FYI: The Fair Labor Standards Act and Current Issues Involving Overtime Compensation

2011-08-30T15:27:04+00:00

Attorney Peter Rosenzweig reviews current issues in this area of the law and highlights several misconceptions involving the eligibility for and payment of overtime compensation:

The Fair Labor Standards Act (FLSA) is the federal law that governs employees’ eligibility for and employers’ payment of compensation for overtime worked. More than 130 million American workers are protected by the FLSA.

In the most general sense - eligible employees who work more than 40 hours in a work-week are paid “time and a half” for each hour over 40.

The purpose of this newsletter, however, is not to repeat the basic premise of overtime compensation, but rather, to highlight some of the most common misconceptions possessed by employers and employee alike. For example:

Just because an employee is paid by a salary, does not mean he/she is not entitled to overtime pay
Job title is not determinative of whether that employee is entitled to overtime pay
Certain commissioned employees can be entitled to overtime pay …

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Rubin Fortunato Welcomes Janelle Fulton

2011-08-08T15:12:47+00:00

Veteran litigator Janelle E. Fulton, Esq. has joined the law firm of Rubin, Fortunato & Harbison P.C. as a Shareholder.

Most recently Of Counsel with the West Chester law firm of Lamb McErlane PC, Fulton has a national commercial and employment litigation practice, focusing on post-employment litigation and arbitration of restrictive covenants, trade secrets, employment agreements, discrimination, and defamation.

She has nearly 15 years of litigation experience in the areas of product liability, tort and commercial actions, and civil rights, including representing clients in several jury trials and arbitrations in state and federal courts.

While in law school, Fulton served as a legal extern for the Honorable Louis H. Pollack, US District Court for the Eastern District of Pennsylvania, and also worked as a legal intern in the United States Attorney’s Office.

Fulton maintains an active involvement in the community, including serving as past-Pro Bono General Counsel and a former Member (and Co-Chair) of the Board of Directors of the William Way GLBT Community Center of Philadelphia.

A resident of Wayne, PA, Fulton is admitted …

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Peter Rosenzweig Delivers Continuing Legal Education Program

2011-07-29T20:08:35+00:00

Peter R. Rosenzweig, Esq., recently presented a Continuing Legal Education program for attorneys on the “Fair Labor Standards Act and Current Issues Involving Overtime Compensation.” An in-depth review of topical and current issues and regulations with respect to this this area of the law, Rosenzweig’s presentation, which was held at the offices of Rubin Fortunato & Harbison, also highlighted several misconceptions involving the eligibility for and payment of overtime compensation.

Peter Rosenzweig has dedicated his entire legal career to employment law and related litigation, from his work as an associate in private firms after law school to establishing and managing his own successful firm for five years before being recruited to run the satellite Philadelphia office of a national full-service law firm. He joined Rubin Fortunato in early 2010.

Paoli Law Firm Bucks National Employment Trend for Women Lawyers

2011-03-02T21:38:52+00:00

(Paoli, PA) – While 2010 year-end industry reports cited women attorneys hitting a five year low at law firms, one local firm has not only bucked that trend, but been cited as one of the top firms for women in the state of Pennsylvania.

Paoli-based employment law firm Rubin, Fortunato & Harbison, P.C. was again cited in the recently released “PaLAW Annual Report on the Legal Profession” as being the second largest firm in the state based on the percentage of female attorneys (in the previous year’s report, Rubin Fortunato topped the list). Listed as the 62^nd largest firm in the state, 57% of the firm’s attorneys are women.

The report was compiled by American Lawyer Media, an integrated media company who gears its publications and education to the legal and commercial real estate sectors and who publishes the annual report to show how law firms in the Commonwealth rate in a number of areas, such as financials, growth, and geographical reach.

Interestingly enough, the ALM report came on the heels of a year-end National Law …

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Peter Rosenzweig Authors Article on Attorney Marketing

2011-02-15T15:38:26+00:00

“A Lateral’s Guide to Marketing ‘Musts’ at Your New Firm”

By Peter R. Rosenzweig, Esq.

In over 13 years of practice, I have always felt that the function of business development cannot be an ancillary part of an attorney’s work. It MUST be a constant component of your work activity and is DEFINITELY a contact sport. For the most part, you cannot bring in new business sitting at your desk, sitting at home, or by blasting out periodic e-mail alerts. Frequent personal interaction with attorneys, existing clients, and other contacts is critical, if for no other reason than the often understated yet simple act of letting them know - or reminding them - what it is that you do.

Such interaction need not (and should not) take place strictly at law-related events. Social meetings (including breakfasts, lunches, dinners, and cocktails), writing/speaking on legal or even business issues, and electronic and printed outreach are all fantastic and casual ways to remind people what you do and stay on the top of their mind. There is no need to do the …

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Rubin Fortunato Donation Supports 500+ Area Charities

2011-01-03T17:49:25+00:00

Rubin Fortunato & Harbison P.C. has helped nonprofit organization “Cradles to Crayons” start off the new year in a great way by donating $10,000 to the charity and highlighting some of the 550 area agencies it serves.

A year-end check presentation at Cradles to Crayons’ new West Conshohocken warehouse highlighted the nonprofit’s work to provide low-income and homeless children from birth to pre-teen the essentials they need to be safe, warm, ready to learn and valued, all free of charge throughpartnerships with agencies throughout the five county-area. Since its opening in 2007, over 46,000 youth have benefitted.

Several representatives from agencies in Chester County, where the firm’s headquarters is located, joined in the presentation to help bring attention to the charity’s “Gear up for Winter” campaign.

The inspiration behind this event and the donation came from a lawsuit handled by the firm related to the employment contract of an area teacher. Though the settlement of the case involved the firm being awarded attorney’s fees, they opted to instead put the money to good use in the community. …

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From boardroom to courtroom

2011-01-01T18:45:10+00:00

Jason E. Murtagh deals in a world of corporate intrigue, trade secrets and confidential information.

And he likes it.

The attorney for the Paoli-based boutique employment law firm of Rubin Fortunato & Harbison P.C. recently prevailed on behalf of a Montana brokerage firm that claimed it was the victim of employee raiding.

Murtagh’s client, a Merrill Lynch office in Bozeman, Mont., claimed the Morgan Stanley office there had hired five of its six financial advisers and two of its three client associates in May 2009.

In June of that year, Merrill Lynch filed an arbitration claim against Morgan Stanley and the individual advisers.

An evidentiary hearing was held in Bozeman over several days this past fall when Murtagh and his team successfully argued that the actions of Morgan Stanley constituted a raid of the Merrill Lynch office.

“It’s a high burden to overcome,” Murtagh said of raiding cases. “For instance, I can open a gas station across the street from you but I can’t hire all 10 of …

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Rubin Fortunato Often at the Center of Big Securities Litigation, Trends

2010-12-15T17:47:37+00:00

(Paoli, PA) The Paoli-based boutique Employment Law firm of Rubin Fortunato & Harbison P.C. has again prevailed on behalf of a client in an arbitration claim before the Financial Industry Regulatory Authority (FINRA). While the forum and claim in this matter are unique when it comes to the law, both are something in which this relatively small, suburban Philadelphia law firm has become incredibly well-versed. And both are indicative of larger corporate litigation trends in the current economic climate.

Last month, in the matter of Merrill Lynch, Pierce, Fenner & Smith Incorporated vs. William A. Claridge, Martin A. Coleman III, Patrick G. Lewis, et al., FINRA Dispute Resolution Arbitration Number 09-03424, an arbitration panel awarded global financial services firm Merrill Lynch $552,875 in compensatory damages and $400,000 in punitive damages and assessed all forum fees against competitor Morgan Stanley for the raiding of Merrill Lynch’s Bozeman, Montana office.

The Merrill Lynch trial team was led by Rubin Fortunato partner Jason E. Murtagh, Esq., who has extensive experience in court, both at the trial and appellate level, …

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Rubin Fortunato Welcomes Cailin Heilig

2010-12-14T11:22:17+00:00

Cailin Heilig has joined the law firm of Rubin, Fortunato & Harbison P.C. as an Associate.

Ms. Heilig will represent clients in all aspects of labor and employment law before federal and state courts, employment agencies and arbitration panels. Her professional background includes experience with matters arising under Title VII, the FMLA, the ADA, the ADEA, and various state equal employment opportunity laws.

Prior to joining Rubin Fortunato, Ms. Heilig was a paralegal in the labor and employment practice group of an international law firm based in Philadelphia before earning her law degree from Temple University’s James E. Beasley School of Law. At Temple, she served as Executive Editor of the Political and Civil Rights Law Review. She is also a graduate of Washington College, where she obtained her B.A.

Ms. Heilig resides in Philadelphia and is licensed to practice in Pennsylvania (New Jersey license pending).

Jason Murtagh Named “Top Lawyer” by Suburban Life Magazine

2010-11-01T16:52:51+00:00

The Philadelphia suburbs boast attorneys of all types of areas of practice, but the readers of Suburban Life Magazine selected the truly “Awesome” ones for its November 2010 issue.

And with thousands of votes cast, it was Rubin Fortunato’s own Jason Murtagh claiming the spot for Business Litigation Law.

Murtagh has extensive experience in court, both at the trial and appellate level and in arbitrations. He has represented clients at trial in individual and class action lawsuits throughout the United States and last year, at just 34 years old, garnered a major win for a client before the United States Supreme Court.

Andrew Gioia Joins Rubin Fortunato

2010-10-18T18:17:31+00:00

Andrew G. Gioia has joined the law firm of Rubin, Fortunato & Harbison P.C. as an Associate.

Gioia will assist in handling a variety of matters related to post-employment litigation and arbitration of restrictive covenants, trade secrets, and commercial litigation. He was hired by the firm directly out of the University of Michigan Law School.

Prior to law school, he interned with the Heritage Foundation in Washington, DC, where he assisted analysts in domestic policy research, drafted articles for publication on federal spending news and current events, and participated in several lectures and events featuring top political leaders and policy analysts. During this time, he also worked with the Foundation for Individual Rights in Education in Philadelphia, PA, where he researched various university policies on First Amendment-related issues, and assisted in case preparation and legal research.

He is also a graduate of Cornell University, where he obtained his B.A. (with distinction).

Gioia, a resident of West Chester, is licensed to practice in Pennsylvania.

RFH FYI: Health Care Reform Act Requires Reasonable Break Times for Nursing Mothers

2010-05-03T00:47:29+00:00

Attorney Kathy Laubenstein shares information on one implication the Patient Protection and Affordable Care Act will have on the workplace for employers:

Although it was widely discussed for its impact on health insurance, the recent Patient Protection and Affordable Care Act (also known as the Health Care Reform Act or “HCR Act”) will also affect what employers need to do to support nursing mothers. In short, Section 4207 of the HCR Act amended Section 7 of the Fair Labor Standards Act (“FLSA”) of 1938 (29 U.S.C. § 207) to require employers to provide employees who are nursing mothers with “reasonable break time” and a private (non-bathroom) place to express breast milk during the workday through the child’s first birthday.

All employers covered by the FLSA are covered by the new amendment; however, those with fewer than 50 employees will not be required to provide such breaks if doing so would impose an “undue hardship” by causing “significant difficulty or expense when considered in relation to …

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