129 results for 'court:"USDC Middle District of Pennsylvania"'.
J. Mehalchick denies a nursing home’s motion for summary judgment concerning a former employee’s Fair Labor Standards Act claim alleging a failure to pay overtime compensation. There is a question of material fact as to whether the former employee’s primary duty was managerial and thus exempt from overtime compensation. The former employee’s motion for partial summary judgement for liquidated damages was also denied since the decision would be merely advisory.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: May 1, 2024, Case #: 3:22cv828, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Employment, Erisa
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J. Mehalchick denies a borough’s motion to dismiss an age and disability discrimination claim brought by a former police officer who says he was forced to retire. The former police officer’s allegations were plausible because he was over 40, qualified for his job, hearing-impaired and replaced by a younger employee.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: April 30, 2024, Case #: 3:23cv912, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Bloom approves a state commission’s motion to dismiss employment discrimination claim by a former employee who alleged he was harassed and fired due to a disability that made him fall asleep on the job. Because the former employee took no action for more than two years after initiating the case, he did not make a good faith effort to serve notice, as required.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 25, 2024, Case #: 1:23cv1820, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Bloom refuses to dismiss a disability discrimination claim filed by a former employee against her technical school, which allegedly gave her incorrect benefits information, and denied a request to rescind her retirement. It is undisputed that the former employee was disabled but possessed the necessary skills to perform her job with some accommodations.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 8, 2024, Case #: 1:23cv2039, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination