Phath v. Cent. Transp. LLC, 2026 U.S. App. LEXIS 2161 (January 28, 2026) Bibas, Circuit Judge. Before: Bibas, Scirica, and Smith, Circuit Judges. Job hunting is never easy; having a criminal conviction makes it much harder. So, Pennsylvania law limits when and how employers may use an applicant’s criminal history. When Rodney Phath interviewed for […]
Tag: workers’ Rights
CONSTITUTIONAL LAW – PENNSYLVANIA CONSTITUTION – ARTICLE 1, SECTION 1 – WORKER’S RIGHTS – CRIMINAL CHARGES – EXPUNGEMENT – EXPUNGEMENT OF CRIMINAL RECORDS
T.G.A. v. Dep’t of Educ., 2025 Pa. LEXIS 1989 (December 16, 2025) Todd, Chief Justice. Judges: CHIEF JUSTICE TODD. Justices Donohue, Dougherty, Wecht, Mundy, Brobson and McCaffery join the opinion. Justice McCaffery files a concurring opinion. CHIEF JUSTICE TODD In these related appeals, we consider whether records indicating that two educators — T.G.A. and R.W. […]
WORKERS RIGHTS-FAIR LABORS STANDARDS ACT-PREPONDERANCE OF THE EVIDENCE
E.M.D. Sales, Inc. v. Carrera, 2025 U.S. LEXIS 364 (U.S. Supreme Court January 15, 2025) (Kavanaugh, J.) Fair Labor Standards Act of 1938 requires employers to pay their employees a minimum wage and overtime compensation. The act exempts many categories of employees from the minimum-wage and overtime compensation requirements. The preponderance-of-the-standard governs when an employer […]
WORKERS RIGHTS-AT WILL EMPLOYMENT
Appellant v. St. Joseph’s Preparatory Sch., 2024 Pa. Super. LEXIS 365 (Pa. Super., filed August 23,2024) (Lane, J.) Lawsuit by prep school employee. The Court found that a defamation claim was sufficient and should have gone to the jury. The contract was at will. PO should not have been granted on the defamation claim and […]
WORKERS’ RIGHTS-TEACHERS-PROPERTY RIGHT AND EMPLOYMENT
Montemuro v. Jim Thorpe Area Sch. Dist., 2024 U.S. App. LEXIS 10553 (3d Cir. May 1, 2024) (Jordan, C.J.). Paul Montemuro was elected President of the Jim Thorpe Area School Board (the “School Board” or “Board”). But then, a week later, the Board elected someone else. Montemuro received no notice of the change beforehand, so […]
PENNSYLVANIA MINIMUM WAGE ACT OF 1968-EXEMPTIONS-OVERTIME
Bayada Nurses, Inc. v. Dep’t of Labor & Indus., 607 Pa. 527 (November 17, 2010). Judges: MADAME JUSTICE TODD. CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ. Former Justice Greenspan did not participate in the decision of this case. Mr. Chief Justice Castille and Messrs. Justice Saylor, Eakin, Baer and McCaffery join the opinion. […]
WORKERS’ RIGHTS-FIRST AMENDMENT-POLITICAL AFFILIATION
Minor v. River, 2023 U.S. App. LEXIS 14239 (3d Cir. June 8, 2023) (Ambro, C.J.). The Delaware River and Bay Authority (DRBA) hired Frank Minor as its Deputy Executive Director in 2009 and terminated him in December 2017. Minor, believing he was fired for his support of then-incoming New Jersey Governor Phil Murphy, sued the […]
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