Post & Schell, P.C.


The FMLA Does Not Require a Warm Welcome Back to Work >
July 12, 2016
The Legal Intelligencer
By: Sidney R. Steinberg
In his column for The Legal Intelligencer, Sid Steinberg examines an FMLA case where a Plaintiff alleged retaliation based on treatment she received upon returning to work after FMLA leave.

How Escobar Reframes FCA's Materiality Standard >
July 8, 2016
In Universal Health Services Inc. v. Escobar, the U.S. Supreme Court rejected a bright-line rule on the False Claims Act's materiality standard and adopted a fact-specific standard that will need to be litigated on a case-by-case basis. Thus, despite Escobar's endorsement of the implied false certification theory, it is far from the “victory” that the government and qui tam relators are trumpeting, says Post & Schell's White Collar Group.

Magic Words Not Necessary for Leave to Be Covered by FMLA >
June 9, 2016
By: Sidney R. Steinberg
Sid Steinberg examines a PA Middle District case in which the court deconstructed an employer's mishandling of an employee's request for leave and in doing so provides employers with insightful, step-by-step guidance on how to handle requests for leave when evaluating whether such requests qualify under FMLA and the act is not specifically mentioned by the employee.

Additional Consideration and Presumption of At-Will Employment >
May 11, 2016
By: Sidney R. Steinberg
Sid Steinberg examines a recent Pennsylvania Superior Court decision and the concept of "at-will employment in Pennsylvania.

How Analogous Must Comparator Be to Be Deemed Similarly Situated >
April 13, 2016
By: Sidney R. Steinberg
In his April 2016 column for The Legal Intelligencer, Sid Steinberg examines Peake v. Pennsylvania State Police, a case that provides helpful guidance on the factors to consider when determining whether individuals are similarly situated.

DOL's White-Collar Exemptions: To Reclassify or Not? >
April 4, 2016
By: Andrea M. Kirshenbaum
Following the delivery of the Final rule on the FLSA's “white collar” exemptions to the Office of Information and Regulatory Affairs of the Office of Management and Budget on March 14, we are one step closer to publication of the Final rule. As employers wait with bated breath, many are busily planning for an expected doubling (or more) of the salary level for an employee to qualify as an exempt executive, administrative, or professional employee who need not be paid overtime for hours worked over 40 in a work week under the FLSA.

Discriminatory Animus Doesn't Immunize Employee from Termination >
March 9, 2016
By: Sidney R. Steinberg
Employment Chair Sidney R. Steinberg analyzes the case of Wray v. School District of Philadelphia. He notes that the case reaffirms, "that a supervisor's discriminatory animus does not immunize an employee from termination."

Regular On-Site Attendance an Essential Function of a Lawyer's Job? >
February 16, 2016
By: Sidney R. Steinberg
Sid Steinberg looks at a recent ADA case involving a project attorney and questions around if his on-sire attendance at a law firm was a necessary part of his job.

New Guidance Cements DOL's Tough Joint Employment Stance >
January 29, 2016
By: Andrea M. Kirshenbaum
In a January 29th article for EmploymentLaw360, Employment & Employee Relations Principals Andrea M. Kirshenbaum and Darren M. Creasy analyze the DOL's recent Administrator's Interpretation (AI) providing guidance on how “joint employers” are defined under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) - and what it means for employers.

FCC Keeps Blocking Hospitality Wi-Fi Blocking >
January 19, 2016
By: Abraham J. Rein and Charles W. Spitz
In a January 19 article for Law360, Hospitality Co-Chair Charles W. Spitz and White Collar Associate Abraham J, Rein look at the Federal Communications Commission's (FCC) aggressive, ongoing campaign against Wi-fi blocking. The authors note the FCC's campaign is of particular concern for hotels, resorts, and convention centers.

Employees Must Be Paid for Short Workday Breaks, Court Finds >
January 16, 2016
By: Sidney R. Steinberg
Sid Steinberg examines the outcome in Perez v. American Future Systems, where the court found that an employer must always pay employees for breaks of 20 minutes or less under the Fair Labor Standards Act (FLSA).

Will Volkswagen Executives Be the Yates Memo's First Casualties? >
January 4, 2016
By: Aaron S. Mapes
Michael C. Gross, Carolyn H. Kendall and Aaron S. Mapes examine the Yates Memo, the Volkswagen emissions scandal, federal investigations and the higher standards the new policy sets for the prosecution of corporate crime.

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