16 results for 'judge:"Mehalchick"'.
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. Mehalchick finds that Scranton school board defendants are immune from certain liability as high public officials but allows a maintenance director to continue malicious prosecution, false arrest, and false imprisonment claims contending he had been "scapegoated" when the public found out the school contained toxic lead and asbestos, even though he had tried to warn the school about these hazardous conditions for years. The maintenance worker successfully alleges his arrest for endangering children had been based on false statements designed to shield school defendants from responsibility.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: September 11, 2023, Case #: 3:22cv1514, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity