Third Circuit | Law and the Workplace

The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire

By Evandro Gigante, Samantha Shear and Nayirie K. Mehdikhani on March 8, 2019 Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures

The Third Circuit recently issued a significant opinion in Bryan v. Government of the Virgin Islands, Case No. 18-1941, 2019 WL 661822 (3rd Cir. February 19, 2019) holding that the Virgin Islands did not violate the Age Discrimination in Employment Act (ADEA) when, in an effort to keep the retirement system solvent, it required employees … Continue Reading

Third Circuit Says Trucker Entitled to Overtime

By Joseph O’Keefe and Daniel Saperstein on March 16, 2015 Posted in Wage and Hour, Workplace Policies and Procedures

Professional motor carriers generally are exempt from overtime payment under the Fair Labor Standards Act (“FLSA”). The Third Circuit recently held, however, in McMaster v. Eastern Armored Services, Inc., No. 14-1010 (3d Cir. Mar. 11, 2015), that this exemption did not apply to the plaintiff, a motor carrier employee of the defendant who drove vehicles … Continue Reading

Third Circuit Nixes EEOC Retaliation Suit

By Joseph O’Keefe, Daniel Saperstein and Matthew Engel on February 25, 2015 Posted in Discrimination, Harassment and Retaliation, Independent Contractor, Litigation and Arbitration, Workplace Policies and Procedures

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Allstate Insurance Co., No. 2-01-cv-07402 (3d Cir. Feb. 13, 2015), the Third Circuit affirmed that the defendant did not violate federal anti-retaliation laws by offering thousands of terminated at-will employees the opportunity to continue working as independent contractors in exchange for signing a release. By way … Continue Reading