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Sidkoff, Pincus & Green P.C.
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In Pignataro v. Port Authority of New York and New Jersey, the Third Circuit Court of Appeals held that that helicopter pilots did not fall under professional employee exemption. 593 F.3d 265 (3rd. Cir. 2010). Plaintiffs in this matter were helicopter pilots for the Port Authority of New York and New Jersey. Under the FLSA,  … Continue reading The post Third Circuit Court of Appeals Holds that Helicopter Pilots are not Exempt Under the FLSA appeared first on Sidkoff, Pincus & Green.
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In Mazzarella v. Fast Rig Support, LLC, the Middle District of Pennsylvania held that truck drivers who primarily transported water from various fracking sites within Pennsylvania did not qualify under the Motor Carrier Act exemption to the FLSA.  823 F.3d 786 (M.D. Pa. 2016). Plaintiffs claimed that they often worked in excess of forty hours,  … Continue reading The post Middle District of Pennsylvania Rules Employees Do Not Qualify for Motor Carrier Act Exemption to the FLSA appeared first on Sidkoff, Pincus & Green.
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  In Excellent Pancake, Inc. v. Giannattasio, Civil Action No. 18-cv-176, 2018 WL 3913109 (E.D. Pa. August 15, 2018), the Court approved a settlement agreement to the extent that the agreement releases Defendants from claims that fall within the statutory and common law causes of action. Plaintiff in the case worked as a waitress at  … Continue reading The post Eastern District Court Approves FLSA Settlement Agreement After Restaurant Engaged In “Time Shaving” appeared first on Sidkoff, Pincus & Green.
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In Sales Benchmark Index LLC v. DeRosa, SBI sued DeRosa after he resigned from the company and went to work for another company. No. CV 18-2680, 2018 WL 3918090, at *1 (E.D. Pa. Aug. 16, 2018). SBI claimed DeRosa was in violation of the non-compete provision within his employment agreement by providing the same or  … Continue reading The post Eastern District Dismisses Breach of Contract Claim Against Former Employee for Alleged Violation of Non-Compete appeared first on Sidkoff, Pincus & Green.
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Non-compete agreements incident to an employment relationship are common place in Pennsylvania. Non-compete agreements prevent employees from working for competitors, but the restriction must be reasonable in both the duration and the geographic area. See Socko v. Mid-Atl. Sys. of CPA, Inc., 633 Pa. 555, 569, 126 A.3d 1266, 1274 (2015). Since some businesses stretch  … Continue reading The post Unlimited Geographic Restriction in Non-Compete Agreements may be Void appeared first on Sidkoff, Pincus & Green.
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In Baum v. Astrazeneca LP, the Western District of Pennsylvania held that the plaintiff was employed in a purely administrative capacity and thus exempt from overtime compensation. 372 Fed. Appx. 246 (W.D. Pa. 2010). Plaintiff, a former pharmaceutical sales representative for AstraZeneca, filed for unpaid overtime wages under the PMWA. Plaintiff worked as a pharmaceutical  … Continue reading The post Pennsylvania District Court Holds that Plaintiff was Exempt from Overtime Compensation Under the PMWA appeared first on Sidkoff, Pincus & Green.
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In Tyger v. Precision Drilling Corp., Rodney Tyger, an employee of Precision Drilling Corp., brought a suit under the Fair Labor Standards Act (“FLSA”) seeking compensation for the amount of time it took to put on, and take off, personal protective equipment as well as compensation for the time it took to walk from the  … Continue reading The post Pennsylvania District Court Denies Plaintiff’s Motion for Summary Judgment Regarding Claim for Unpaid Overtime for Time Spent Taking Protective Equipment On and Off appeared first on Sidkoff, Pincus & Green.
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In Matthews v. BioTelemetry, Inc., the Court found that the facts of the case did not create a plausible inference that Plaintiff was “based in Pennsylvania”, as is required for the application of the Pennsylvania Minimum Wage Act (“PMWA”). Matthews v. BioTelemetry, Inc., Civil Action No. 18-561, 2018 WL 3648228 (E.D. Pa. 2018). Plaintiff, a  … Continue reading The post Pennsylvania District Court Grants Motion to Dismiss in Favor of Defendant in FLSA and PMWA Wage Violation Claim appeared first on Sidkoff, Pincus & Green.
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In Hickman v. TL Transportation, LLC, 318 F. Supp. 3d 718 (E.D. Pa. 2018), former employees brought a class action lawsuit alleging their former employer failed to properly compensate them for overtime hours worked under the federal Fair Labor Standards Act (“FLSA”), the Pennsylvania Minimum Wage Act (“PMWA”), and the Maryland Wage and Hour Law  … Continue reading The post Pennsylvania District Court Rules Employer Could Not Credit Purported Premiums Included in Its Lump Sums Towards Overtime Compensation as Required by the FLSA and DOL Rules. appeared first on Sidkoff, Pincus & Green.
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In Tyco Fire Products, L.P. v. Fuchs, the Superior Court of Pennsylvania held that Tyco Fire Products, L.P.’s (“Tyco”) non-compete agreement was enforceable against its former employee (“Fuchs”). 2017, WL 5509889 (Pa. Super. 2017). Tyco designs, manufactures, and distributes fire protection products such as chemical water and other fire preventative measures.  Fuchs worked as a  … Continue reading The post Superior Court of Pennsylvania Upholds Employer’s Non-Compete Agreement That was Incidental to Employment and Reasonable in Time and Scope appeared first on Sidkoff, Pincus & Green.
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