June 15, 2021
In mid-May, the Centers for Disease Control and Prevention (CDC) issued guidance for fully-vaccinated people, allowing them to resume many indoor and outdoor activities without wearing a mask and without social distancing. Despite the CDC’s ... Read More
June 4, 2021
Federal On May 28, 2021, the Equal Employment Opportunity Commission updated its guidance regarding COVID-19 and how it may implicate the Americans with Disabilities Act, the Rehabilitation Act, and other equal employment opportunity laws. The ... Read More
May 28, 2021
A no-poach agreement prevents one employer from hiring employees from another employer. Such restrictions may be stand-alone agreements (“naked”) or appear as clauses within broader contracts (“ancillary”).[1] With expanding antitrust ... Read More
May 14, 2021
Yesterday, the Centers for Disease Control and Prevention (CDC) revised its guidance in non-healthcare settings for fully-vaccinated people, allowing them to resume many indoor and outdoor activities without wearing a mask and without social ... Read More
May 4, 2021
Last week, the Centers for Disease Control and Prevention (CDC) issued interim public health recommendations for fully vaccinated people in non-healthcare settings. When does the CDC consider a person to be fully vaccinated? For purposes of its ... Read More
April 5, 2021
Federal On March 29, 2021, the Equal Employment Opportunity Commission, after delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of the COVID-19 public health emergency, announced that the 2019 and 2020 EEO-1 ... Read More
March 2, 2021
On February 25, 2021, the U.S. Department of Labor (DOL) issued guidance that expands eligibility for the federal Pandemic Unemployment Assistance (PUA) Program. Congress created PUA in March 2020 to temporarily expand unemployment insurance ... Read More
February 1, 2021
Federal On January 20, 2021, his first day in office, President Biden issued a number of executive orders. Among them was Executive Order 13985, revoking former President Trump’s Executive Order 13950, which prohibited “divisive concepts” ... Read More
January 11, 2021
In December 2020, Rubin Fortunato made a financial contribution to Mighty Writers, an organization that helps young writers in the Philadelphia area “think clearly and write with clarity.” As lawyers, Rubin Fortunato knows the power of clarity ... Read More
January 7, 2021
Yesterday, the United States Department of Labor (DOL) announced its final rule clarifying the standard for determining who is an employee versus an independent contractor under the Fair Labor Standards Act (FLSA). The employee versus independent ... Read More
December 18, 2020
Following the FDA’s recent Emergency Use Authorization for COVID-19 vaccination in the United States, the Equal Employment Opportunity Commission (EEOC) updated its pandemic-related guidance on the impact of various anti-discrimination laws, ... Read More
December 2, 2020
Federal On November 3, 2020, the United States Department of Labor issued two opinion letters that clarify when employers must compensate employees for continuing education or travel time. See our Client Alert on this topic here. On September 23, ... Read More
November 25, 2020
Pennsylvania Governor Tom Wolf issued an Executive Order, effective Friday, November 27, 2020 until further notice, changing how Pennsylvania businesses may operate in light of COVID-19. The Executive Order includes, but is not limited to, the ... Read More
November 17, 2020
Effective November 20, 2020, until January 1, 2021, new COVID-19 restrictions will be in place in the City of Philadelphia to help reduce COVID-19 cases and to prevent hospitals from becoming overwhelmed. The City of Philadelphia will not allow the ... Read More
November 10, 2020
On November 3, 2020, the United States Department of Labor‘s (DOL) Wage and Hour Division (WHD) issued two opinion letters regarding compensable worktime under the Fair Labor Standards Act for employees who (1) attend voluntary training programs ... Read More
October 30, 2020
On October 28, 2020, New Jersey Governor Murphy issued Executive Order No. 192 to ensure the broad application of health and safety standards regarding COVID-19 to protect workers in all industries. The Executive Order becomes effective at 6:00 pm ... Read More
October 28, 2020
The Centers for Disease Control and Prevention (CDC) recently updated its guidance to redefine “close contact” for purposes of COVID-19 exposure. The CDC previously defined close contact as being within six feet of an infected person for 15 or ... Read More
October 2, 2020
Federal On September 22, 2020, President Trump issued an Executive Order prohibiting the use of “divisive concepts” regarding race and sex stereotyping in workplace diversity training offered by the federal government, federal contractors, or ... Read More
September 18, 2020
Last week, the Equal Employment Opportunity Commission (EEOC) revised its guidance regarding COVID-19 inquiries, confidentiality, and reasonable accommodations. We have summarized the key take-aways below. Disability-Related Inquiries The EEOC ... Read More
September 17, 2020
Last month, the Southern District of New York[i] invalidated portions of the U.S. Department of Labor (DOL) final rule (Final Rule) concerning who qualifies for COVID-related emergency paid sick and family leave and the requirements for intermittent ... Read More
August 28, 2020
The Families First Coronavirus Response Act (FFCRA) allows certain employees to take up to two weeks of paid sick leave and to take up to 12 weeks of expanded family and medical leave – ten of which are paid – for specified reasons related to ... Read More
August 13, 2020
Last week, the Southern District of New York[1] invalidated portions of the U.S. Department of Labor (DOL) final rule[2] (Final Rule) concerning who qualifies for coronavirus-related emergency paid sick and family leave and the requirements for ... Read More
August 13, 2020
On August 4, 2020, the Small Business Administration (SBA), in consultation with the Department of the Treasury, released Frequently Asked Questions (FAQs) regarding the loan forgiveness aspects of the Paycheck Protection Program (PPP). Here are ... Read More
August 4, 2020
Federal On June 15, 2020, the United States Supreme Court held that Title VII of the Civil Rights Act protects workers from discrimination based on sexual orientation and gender identity. See Bostock v. Clayton Cty., 590 U.S. ___ (2020); see also ... Read More
July 28, 2020
On July 20, 2020, the U.S. Department of Labor (DOL) updated its COVID-19 guidance to address certain return to work issues under the Families First Coronavirus Response Act (FFCRA), compensation issues under the Fair Labor Standards Act (FLSA), and ... Read More
July 27, 2020
The U.S. Department of Labor Wage and Hour Division (WHD) published the following notice and certification forms to assist covered employers in complying with the Family and Medical Leave Act of 1993 (FMLA). The updated FMLA forms, which are ... Read More
July 20, 2020
On July 16, 2020, Governor Tom Wolf announced the availability of $50 million in grants for employers that are located and operate in Pennsylvania to provide hazard pay to employees in life-sustaining jobs during the coronavirus pandemic (known as ... Read More
July 16, 2020
Late on July 4, President Trump signed into law an extension – until August 8 – of the Paycheck Protection Program (PPP). The amendments also give employers more flexibility and more time to use PPP funds. Specifically, employers have 24 ... Read More
July 14, 2020
On June 16, 2020, the Pennsylvania Supreme Court held that restrictive covenants executed after the first day of employment must be accompanied by additional consideration, or the parties must have agreed to the essential terms of the restrictive ... Read More
June 29, 2020
On Friday, the City of Philadelphia amended its Administrative Code to add a new chapter entitled, Employee Protections in Connection with COVID-19 Emergency Health Order. The amendment is designed to provide workplace protections in emergency ... Read More
June 19, 2020
In a 6-3 landmark decision on Monday, the Supreme Court ruled that Title VII protects gay and transgender workers from discrimination in the workplace. Justice Neil Gorsuch wrote the majority opinion with Chief Justice John Roberts joining the ... Read More
June 10, 2020
Small businesses now have greater flexibility in spending their Paycheck Protection Program loans. On June 5, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020, which is aimed at helping businesses qualify for ... Read More
June 3, 2020
FINRA has amended the rules governing its Membership Application Program (MAP) to address pending arbitration claims and to incentivize the payment of unpaid arbitration awards and settlements.[1] The MAP rules govern FINRA’s review of new ... Read More
June 2, 2020
Federal On May 20, 2020, the United States Department of Labor (DOL) revised its regulation for computing overtime compensation of salaried nonexempt employees who work hours that vary each week (fluctuating workweek) under the Fair Labor Standards ... Read More
May 27, 2020
Last week, the Centers for Disease Control and Prevention (CDC) published CDC Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan for Opening America Up Again, a 60-page document that sets forth criteria for ... Read More
May 20, 2020
On May 15, 2020, the Small Business Administration (SBA), in consultation with the Department of the Treasury, released the Paycheck Protection Program (PPP) Loan Forgiveness Application (“Application”). The PPP was created by the Coronavirus ... Read More
May 20, 2020
On April 13, 2020, we reported that the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued enforcement guidance for recording cases of COVID-19. Under OSHA’s recordkeeping requirements, COVID-19 is a ... Read More
April 27, 2020
Recently, the Superior Court of Pennsylvania handed down two rulings involving protection from production under the attorney-client privilege and the work-product doctrine. Because these cases involved discovery orders compelling the production of ... Read More
April 17, 2020
Today, the Equal Employment Opportunity Commission updated its COVID-19 guidance once again. With respect to accommodations, the updated guidance makes clear that, during the pandemic: employers still are permitted to ask questions or request ... Read More
April 17, 2020
On April 15, 2020, the Pennsylvania Secretary of Health issued an Order with new health and safety measures applicable to all businesses authorized to continue in-person operations within the Commonwealth. Among the new safety measures is the ... Read More
April 17, 2020
Rubin Fortunato is committed to providing information and guidance during the COVID-19 pandemic. Visit this site for key take-aways on the HR and employment law challenges that COVID-19 presents. Rubin Fortunato Client Alerts As Mask Mandates Are ... Read More
April 16, 2020
On April 3, 2020, and unrelated to the COVID-19 pandemic, Governor Andrew Cuomo signed Senate Bill 7506B into law, which, among other things, amended the New York Labor Law to include Section 196(b), requiring all New York State employers to provide ... Read More
April 16, 2020
While the impact of COVID-19 continues to be felt across the globe, the impetus to get people back to work increases. For now, in most states, only those who are deemed “essential” are at work. Soon, hopefully, non-essential businesses will ... Read More
April 14, 2020
The Fair Credit Reporting Act (FCRA) protects the privacy rights of consumers by requiring employers who obtain a consumer report about an applicant to provide the applicant with a disclosure stating that it intends to obtain that report. Under ... Read More
April 13, 2020
On Friday, April 10, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued interim guidance for enforcing OSHA’s recordkeeping requirements for recording cases of COVID-19. Employers are responsible for ... Read More
April 10, 2020
Critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, the Centers for Disease Control and Prevention (CDC) advise. The CDC issued this advice to ensure continuity of operations of essential ... Read More
April 9, 2020
In Babb v. Wilkie,[1] the Supreme Court of the United States determined whether the federal-sector provision of the Age Discrimination in Employment Act of 1967 (ADEA)[2] imposes liability only when age is a “but-for cause” of the personnel ... Read More
April 6, 2020
On April 1, 2020, the U.S. Department of Labor (DOL) issued its final regulations on the Families First Coronavirus Response Act (FFCRA). The DOL hosted a webinar on Friday about the regulations using these slides. The slides provide a great ... Read More
April 3, 2020
Small businesses struggling to cover payroll and rent can take advantage of emergency loans from the federal government. Two types of loans are geared toward providing small businesses relief from the COVID-19 pandemic – Paycheck Protection ... Read More
April 2, 2020
It goes without saying (but I will say it anyway) that the biggest news in recent weeks has been the COVID-19 public health concern. Of course, we are committed to providing information and guidance on COVID-19; however, this publication addresses ... Read More
March 30, 2020
The official regulations interpreting the Families First Coronavirus Response Act (FFCRA) are expected soon from the Department of Labor (DOL). In the meantime, the DOL is assisting us with updated guidance periodically. Specifically, the DOL once ... Read More
March 30, 2020
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law on March 27, 2020, greatly expands unemployment insurance nationwide. The new law comes as unemployment claims rose to a record 3.3 million last week and are expected to ... Read More
March 27, 2020
A patchwork of shutdown orders is now in place across the country in response to the novel coronavirus COVID-19. States and localities differ substantially in the types of businesses impacted, the nature of the restrictions, and how long the ... Read More
March 26, 2020
President Trump signed The Families First Coronavirus Response Act into law on March 18, 2020. The Act directed the Secretary of Labor to make publicly available a model of a notice that meets the requirements of the Act within seven days after ... Read More
March 26, 2020
Quarantines and stay-at-home orders won’t prevent law firms, legal departments, and businesses from negotiating transactions using remote technology. But, when it comes to memorializing and authenticating an eventual agreement between the ... Read More
March 24, 2020
Yesterday, the United States Department of Labor (DOL) published a Q&A about the Families First Coronavirus Response Act (FFCRA). The DOL provided guidance on several key issues: Effective date of paid leave provisions: April 1, 2020. The ... Read More
March 23, 2020
On Friday, March 20, 2020, the Internal Revenue Service (IRS) issued a News Release regarding the tax credits available for small and midsized businesses to recover the cost of providing Coronavirus-related leave. The key takeaways, as identified ... Read More
March 22, 2020
Beginning Thursday, March 19, 2020, and continuing over the next few days, New Jersey took several actions to address the nationwide emergency caused by the novel coronavirus known as COVID-19. Several of these steps will have a direct impact on ... Read More
March 22, 2020
The country’s coronavirus numbers are up. California, New York, New Jersey, Illinois, Pennsylvania, and Connecticut have all put in place similar restrictions ordering residents to stay home and shuttering non-life-sustaining businesses. For ... Read More
March 20, 2020
Late on Thursday, March 19, 2020, Governor Tom Wolf ordered all non-life-sustaining businesses in Pennsylvania to close their physical locations no later than 8:00 p.m. on March 19, 2020, to slow the spread of COVID-19. The Commonwealth provided a ... Read More
March 19, 2020
Yesterday, the Equal Employment Opportunity Commission updated its guidance for pandemic preparedness and the Americans with Disabilities Act. The EEOC now addresses the following questions: How much information may an employer request from an ... Read More
March 19, 2020
Rubin, Fortunato & Harbison P.C. is committed to providing periodic updates on information that is critical for employers to know regarding statutory, regulatory, and other developments related to the novel coronavirus COVID-19. The Families ... Read More
March 17, 2020
The current public health crisis is disrupting all of our lives, including our families, our businesses, our employees, and our loved ones. We at Rubin Fortunato pride ourselves on being a Law Firm of Action. Therefore, on behalf of our entire Rubin ... Read More
March 16, 2020
During this uncertain time, we’re here to help you navigate the many questions arising in the workplace related to the COVID-19 pandemic. In addition to the Center for Disease Control (CDC), many federal agencies have issued guidance to ... Read More
February 6, 2020
Part VI of VI – Miscellaneous Laws Federal On December 23, 2019, the National Labor Relations Board returned to former precedent, holding that it will defer to an arbitrator’s decision: when the proceedings were conducted fairly and without ... Read More
February 6, 2020
Part V of VI – Pay Equity, Wage and Hour, and Minimum Wage Federal On January 24, 2020, the U.S. Court of Appeals for the Seventh Circuit created a new framework for district courts to follow in Fair Labor Standards Act collective actions when a ... Read More
February 4, 2020
Part IV of VI – Discrimination and Harassment Laws Federal On January 15, 2020, the U.S. Court of Appeals for the Eleventh Circuit held that five isolated sexual comments that were made over a four-month period, that were said in a joking ... Read More
February 4, 2020
Part III of VI – Leave and Accommodation Laws California California amended its organ donation leave law, effective January 1, 2020, to provide eligible employees with an additional 30 days of unpaid leave (for a total of 60 days) in a one-year ... Read More
February 3, 2020
Part II of VI – Ban-the-Box, Criminal Expungement, and Marijuana Laws Federal Congress passed the Fair Chance to Compete for Jobs Act of 2019 on December 17, 2019, as part of the National Defense Authorization Act. The law creates a federal ... Read More
February 3, 2020
Part I of VI – Non-Competition Laws California On January 21, 2020, a California appellate court held that an employee’s promise not to compete with an employer while employed does not violate California Business & Professions Code § 16600. ... Read More
December 17, 2019
Throughout the months of October and November 2019, Rubin Fortunato employees collected items to support the mission of the Coatesville Veterans Affairs Medical Center to provide comfort and care to America’s veterans. The donation drive was held ... Read More
December 9, 2019
Federal The National Labor Relation Board (NLRB) found that requiring employees to resolve employment-related claims through arbitration instead of collective action did not restrict the employees’ rights under Section 7 of the National Labor ... Read More
December 6, 2019
On Wednesday, in a room of remarkably talented and energized women at the Women, Diversity & Law: Awareness into Action Summit, I was one of five female attorney panelists leading a discussion about Dealing with Unconscious Bias & ... Read More
December 4, 2019
On December 3, 2019, the U.S. Court of Appeals for the Third Circuit affirmed a decision of Judge John R. Padova of the Eastern District of Pennsylvania granting summary judgment in favor of Temple University Hospital and several of its physicians. ... Read More
September 30, 2019
Federal On September 24, 2019, the U.S. Department of Labor issued its final overtime rule, raising the standard salary level for exempt executive, administrative, and professional employees to $684 per week and raising the total compensation for ... Read More
September 24, 2019
The Women, Diversity & Law: Awareness into Action Summit brings together thought leaders from the fields of law and diversity to explore ways to create lasting change for women and minorities in the legal profession. Rubin Fortunato is pleased ... Read More
September 19, 2019
Rubin Fortunato proudly congratulates Cynthia Morgan on being named a Top Lawyer by Main Line Today magazine. Ms. Morgan was one of nine employment attorneys chosen throughout Chester, Delaware, and Montgomery Counties. For more information, ... Read More
July 31, 2019
The courts and legislatures have been busy over the last two months. Thus, this installment of our 60-day newsletter is broken down by subject-matter, with this fifth and last part dealing with important changes not covered in the previous ... Read More
July 30, 2019
The courts and legislatures have been busy over the last two months. Thus, this installment of our 60-day newsletter is broken down by subject-matter. This fourth part deals with changes in ban-the-box, criminal expungement, and marijuana ... Read More
July 26, 2019
The courts and legislatures have been busy over the last two months. Thus, this installment of our 60-day newsletter is broken down by subject-matter, with this third one dealing with changes in laws regarding confidentiality, non-disclosure, and ... Read More
July 25, 2019
The courts and legislatures have been busy over the last two months. Thus, this installment of our 60-day newsletter is broken down by subject-matter. Part II deals with changes in disability, accommodation, and leave laws. Most notable are ... Read More
July 24, 2019
The courts and legislatures have been busy over the last two months. Thus, this installment of our 60-day newsletter will be broken down by subject-matter, with the first dealing with changes in pay and pay equity laws. Most notable are the ... Read More
July 11, 2019
At the end of May 2019, Law360 released its Glass Ceiling Report in which it concluded that a lack of parity continues to exist for female attorneys in private practice. Law360 has republished the report – as recently as this week – in ... Read More
July 1, 2019
The Supreme Court of Pennsylvania recently articulated its view regarding waiver of attorney work-product protection in the context of a disclosure to a third party. In Bousamra v. Excela Health,[1] the court considered the discoverability of a ... Read More
June 27, 2019
Effective July 1, 2019, Pennsylvania will update its laws governing voluntary arbitration agreements by implementing the Revised Uniform Arbitration Act. The Revised Uniform Arbitration Act introduces major changes to the current version of the ... Read More
June 14, 2019
Rubin Fortunato proudly congratulates our attorneys on being selected to the 2019 Pennsylvania Super Lawyers and Rising Stars lists. Gregory S. Rubin, Chairman, Founder, and CEO 16 years selected to Super Lawyers Michael J. Fortunato, President, ... Read More
June 11, 2019
In a unanimous decision authored by Justice Ruth Bader Ginsberg, the United States Supreme Court decided that Title VII’s charge-filing precondition to suit is a claim-processing rule, not a jurisdictional one, and therefore can be waived if not ... Read More
May 30, 2019
Federal On April 22, 2019, the United States Supreme Court granted certiorari in three cases to determine whether sex discrimination under Title VII of the Civil Rights Act includes discrimination on the basis of sexual orientation and gender ... Read More
May 2, 2019
On April 22, 2019, the United States Supreme Court announced that it would decide whether federal anti-discrimination laws protect LGBTQ workers from discrimination by granting certiorari in three cases: Bostock v. Clayton County; Altitude Express, ... Read More
April 10, 2019
The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for certain family or medical reasons.[1] In addition to FMLA leave, many employers provide employees with paid time off (PTO) ... Read More
April 3, 2019
A no-poach agreement binds one employer from hiring employees from another employer. Such restrictions between employers may be stand-alone agreements or appear as clauses within contracts.[2] Recently, antitrust enforcement has been ... Read More
March 13, 2019
PBI’s 25th annual Employment Law Institute will occur at the Pennsylvania Convention Center on Wednesday, April 24 and Thursday, April 25. This year, attorneys from our Firm will present two topics (both presentations are scheduled for ... Read More
January 30, 2019
Most employers who do business in California know that restrictive covenants are just different in the Golden State. Since 1872, California law and public policy have favored worker mobility and open competition.[2] Barring three narrow ... Read More
January 22, 2019
In Feminist Majority Foundation v. University of Mary Washington (UMW), the United States Court of Appeals for the Fourth Circuit ruled that universities have a duty under Title IX[1] to investigate anonymous threats made against students online.[2] ... Read More
January 22, 2019
Judge Marilyn Heffley of the United States District Court for the Eastern District of Pennsylvania granted summary judgment in favor of Temple University Hospital (Temple). Plaintiff Nancy Hernandez, a former medical secretary at Temple, alleged ... Read More
December 18, 2018
Throughout the month of November 2018, Rubin Fortunato collected from its employees 35 purses and hundreds of toiletries and other items to support the Malvern Chapter of Purses Full of Hope. Purses Full of Hope’s mission is founded on the idea ... Read More
November 16, 2018
In Keller v. Pfizer, Inc., Judge Sylvia Rambo of the United States District Court for the Middle District of Pennsylvania[1] provided a tutorial for employers to follow when rolling out arbitration agreements to new employees. Keller filed a ... Read More
April 18, 2018
In honor of National Women’s History Month and in celebration of our Firm’s #1 ranking by the PA Law Journal for highest percentage of female attorneys (59.26%) in a 2017 survey of the largest 100 law firms in Pennsylvania, Rubin Fortunato held ... Read More
March 13, 2018
The United States Court of Appeals for the Second Circuit held in Zarda v. Altitude Express, Inc.[1] that discrimination on the basis of sexual orientation is discrimination “because of . . . sex” and, therefore, is prohibited under Title VII of ... Read More
March 13, 2018
Continuing to Employ a Transitioning Employee Is Not a Substantial Burden on Funeral Home Owner’s Exercise of His Religion As we reported in our September 2, 2016 Alert, Will Religious Beliefs Trump Discrimination Protection for LGBT ... Read More
February 28, 2018
As we reported in our November 13, 2017 Alert, Blowing The Whistle On Whistleblower Protection: Supreme Court To Review Scope Of Whistleblower Protection Under Dodd-Frank Act,[1] the United States Supreme Court was set to address a Circuit split on ... Read More
January 30, 2018
The Philly SHRM Symposium will take place on March 21st and 22nd at the Sheraton Downtown Philadelphia Hotel and urges participants to lead fearlessly. We are proud to join over 400 HR and business professionals in advancing the HR and business ... Read More
January 25, 2018
PBI’s 24th annual Employment Law Institute will occur at the Pennsylvania Convention Center on Thursday, April 26 and Friday, April 27. This year, attorneys from our Firm will present three topics: Christopher S. Koller, Esquire will ... Read More
January 22, 2018
Emerging Issues in Restrictive Covenants and Trade Secrets Promoting the Vitality of Protecting Confidentiality While Passing Harsh Judgments on Restrictive Covenants: All Rhyme, No Reason? Wednesday, January 24, 2018 9am to 12:15pm Philadelphia, ... Read More
January 3, 2018
As we reported in our October 20, 2017 Alert, Under Fire: Supreme Court to Review Mandatory Employee Class Action Waivers,[1] mandatory employment arbitration agreements have been the target of significant reform efforts. Currently, the United ... Read More
November 13, 2017
On November 28, the United States Supreme Court will hear oral argument to determine whether federal law protects whistleblowers who report securities violations internally to their employers without making a report directly to the United States ... Read More
October 20, 2017
On October 2, the United States Supreme Court heard oral argument in a group of consolidated cases[1] to determine whether employees may be required to sign mandatory arbitration agreements that bar them from pursuing work-related claims on a ... Read More
October 20, 2017
As we reported in our January 11, 2016 Alert, Give Me A Break (And Pay For It)[1], the United States District Court for the Eastern District of Pennsylvania held that federal labor law requires employers to pay their employees for all breaks of 20 ... Read More
October 11, 2017
Last month, the United States District Court for the District of Columbia held that, without a showing of concrete financial harm, employees have no standing to sue their employers for loss of personal information in a cyberattack.[1] Recent data ... Read More
September 22, 2017
Last week, the United States Court of Appeals for the Ninth Circuit held that statements made in a Form U-5[1] are absolutely privileged under California law.[2] Certain individuals in the securities or investment banking business are required to be ... Read More
August 3, 2017
The “E” in E-mail Stands for “Evidence”: Proper E-mail Etiquette May Avoid Legal Issues Wednesday, September 13, 2017 12:00 noon EST VIA TELECONFERENCE Presenter: Michael J. Fortunato, Esquire E-mail ptsipras@rubinfortunato.com ... Read More
August 1, 2017
On July 14, 2017, the United States Court of Appeals for the Third Circuit held that a single slur could be severe enough to support a hostile work environment claim. Castleberry v. STI Group, No. 16-3131 (3d Cir. 2017). Castleberry and Brown, two ... Read More
July 26, 2017
Last month, the Pennsylvania Supreme Court declared that former employees do not have a right to inspect their personnel files under the Inspection of Employment Records Law (hereinafter “the Personnel Files Act”). In doing so, the Court ... Read More
April 7, 2017
In a landmark decision, the United States Court of Appeals for the Seventh Circuit recently held in Hively v. Ivy Tech Community College of Indiana[1] that workplace discrimination based on an employee’s sexual orientation is a form of sex ... Read More
February 14, 2017
FINRA formed a task force in June 2014 (the “Task Force”) to consider possible improvements to FINRA’s dispute resolution forum. In December 2015, the Task Force issued a Final Report making 51 recommendations to improve FINRA’s ... Read More
December 9, 2016
Employers often lose their investments in employees when the employees depart for a new firm. Most employers know that California severely limits the ability to restrict employees from departing and taking clients (and revenue) with them. ... Read More
November 1, 2016
Published in The Legal Intelligencer’s Special Section Top Women in Law in November 2016. Rubin Fortunato & Harbison, P.C.’s Female Attorneys on practicing law, client service, and technology. ... Read More
November 1, 2016
The Third Circuit Rules Against Using Paid Non-Work Time to Offset Required Overtime Payments For a number of years, the amount of “wage-and-hour” lawsuits filed annually in courts across the country under the Fair Labor Standards Act ... Read More
November 1, 2016
Throughout October 2016, Rubin Fortunato collected nearly 600 books from its employees to support City Year’s book fair at Anacostia High School. City Year is an education-based nonprofit organization partnered with Americorps that works toward ... Read More
September 16, 2016
Nearly 45 percent of all charges filed with the United States Equal Employment Opportunity Commission (EEOC) – the federal agency that enforces laws against employment discrimination, harassment, and retaliation – include an allegation ... Read More
September 12, 2016
Recently, in State of Texas v. United States, a Texas federal judge temporarily enjoined nationwide enforcement of the Department of Justice (the DOJ) and Department of Education’s (the DOE) (collectively, the Departments) joint directive issued ... Read More
September 2, 2016
On September 25, 2014, the Equal Employment Opportunity Commission (the EEOC) filed its first two transgender Title VII discrimination cases in federal court. Through these cases, the EEOC hoped to establish federal court precedent supporting its ... Read More
July 20, 2016
EEOC Proposes New Pay Data Reporting Requirements For Large Employers The U.S. Equal Employment Opportunity Commission called a full-court press to help eliminate pay disparity by large employers. In January 2016, the EEOC published proposed ... Read More
July 6, 2016
When faced with a charge of discrimination or harassment, most employers are well advised to conduct a full investigation into the charges. However, should employers be concerned that the fruits of such an investigation may be used against them ... Read More
May 12, 2016
In March 2016, North Carolina enacted its Public Facilities Privacy & Security Act, requiring individuals to use restrooms that correspond to the sex listed on their original birth certificates. This law means that transgendered people cannot ... Read More
January 29, 2016
On January 28, 2016, a unanimous federal court jury in the Eastern District of Pennsylvania found that Temple Health Systems (“Temple”) did not retaliate against a former registered nurse at Jeanes Hospital, in violation of Title VII of the ... Read More
January 11, 2016
As we reported in November 2015, the U.S. Court of Appeals for the Third Circuit held that under the Fair Labor Standards Act (“FLSA”), an employer need not pay employees during meal breaks that predominantly benefit the employee. See Babcock v. ... Read More
November 25, 2015
Employers usually want to take a break when trying to navigate the complicated and ever-changing legal landscape of the Fair Labor Standards Act (FLSA). Signed into law over 75 years ago by President Franklin D. Roosevelt, the FLSA is an integral ... Read More
November 20, 2015
As we discussed in a Client Alert in the middle of 2014, employers occasionally realize that their current employees did not sign post-employment restrictive covenants when they were hired. Over the years, the company has grown or changed, and the ... Read More
November 13, 2015
Throughout October 2015, Rubin Fortunato collected over 180 items, including suits, separates, handbags, shoes, jewelry, and accessories for the Philadelphia affiliate of Dress for Success. We were proud to partner with this global, not-for-profit ... Read More
April 30, 2015
Imagine a typical employment dispute that results in litigation, with the plaintiff alleging racial discrimination and the defendant denying it did anything wrong. Imagine that the plaintiff and defendant reach a settlement before trial, and ... Read More
April 24, 2015
In Young v. United Parcel Service, Inc., the Supreme Court determined that employers may be on the hook for discrimination claims under the Pregnancy Discrimination Act (“PDA”), 42 U.S.C. 2000e(k), if they accommodate nonpregnant employees but ... Read More
March 26, 2015
On February 12, 2015, the City of Philadelphia, Pennsylvania signed into law the Promoting Healthy Families and Workplaces Ordinance. Highlights The Ordinance requires employers with 10 or more employees to provide up to one hour of paid sick time ... Read More
February 13, 2015
In September, the Judicial Conference Committee on Rules of Practice and Procedure approved the most recent version of proposed amendments to the Federal Rules of Civil Procedure. These amendments are subject to review and approval by the United ... Read More
January 22, 2015
The law surrounding restrictive covenants, including non-competes, is continuing to evolve. As with any contract, an employee’s promise to restrict certain competitive activity is conditioned upon the employer’s promise to give the employee some ... Read More
August 14, 2014
On August 12, 2014, California’s Second Appellate Division held that employers must reimburse employees when they use their personal cell phones for work-related phone calls. In Cochran v. Schwan’s Home Service, Inc. the California Court of ... Read More
June 4, 2014
40% of Our Eligible Lawyers Have Been Recognized as Super Lawyers or Rising Stars. RubinFortunato is a 35-attorney “employment law boutique” situated in the Western Main Line of Philadelphia. It ranked 54th of the largest PA Law 100 law ... Read More
May 30, 2014
Pennsylvania courts have long required that when an employee signs an agreement that contains post-employment restrictive covenants, he or she must receive something in return. In legal terms, there must be “valuable consideration” to the ... Read More
April 10, 2014
A former employee of Merrill Lunch, Pierce, Fenner & Smith will have to pay the securities brokerage firm more than $200,000, plus interest, now that a federal judge has upheld an arbitration award. Just over $80,000 of the total ... Read More
April 3, 2014
On April 1, 2014, the Pennsylvania Superior Court decided Murray v. Albright College which not only impacts Pennsylvania colleges and universities, but could provide persuasive authority for courts across the nation. The Superior Court held that the ... Read More
March 20, 2014
On March 17, 2014, California’s Fourth Appellate Division published its decision in Purcell v. Schweitzer, holding that – despite the best efforts of the lawyers in that case to ensure that a breach of a settlement agreement would result in a ... Read More
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 ... Read More
March 2, 2011
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 ... Read More
January 3, 2011
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 ... Read More
December 15, 2010
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 ... Read More
May 2, 2010
Rubin Fortunato 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 ... Read More
March 1, 2010
The Paoli law firm of Rubin, Fortunato & Harbison P.C. is ranked number one in Pennsylvania for percentage of female attorneys, according to an industry report released by Pennsylvania Law Weekly. The recently released “PaLAW Annual Report ... Read More
October 5, 2008
Reprinted from the October 5th, 2008 edition of the Daily Local News of West Chester, PA. Story by Daily Local News Staff Writer Gretchen Metz. Employment lawyer Michael J. Fortunato recently won a $1.8 million award, plus attorneys’ fees, for ... Read More
September 29, 2008
This article appeared in the September 29, 2008 edition of The Legal Intelligencer. Story by Gina Passarella. A federal jury awarded a Coatesville, Pa., man nearly $1.8 million for a wrongful termination claim, finding his termination was in ... Read More
August 11, 2008
This article appeared in the August 11, 2008 edition of The National Law Journal. Story by Pamela A. MacLean. A Philadelphia jury’s recent rejection of one of the first Sarbanes-Oxley suits on whistleblower retaliation to go to trial may give ... Read More
