FMLA Certification June 24, 2015 New Third Circuit Ruling on FMLA Certification June 22, 2015. The Court of Appeals for the Third Circuit issued a ruling on FMLA Certification. The court ruled that an employer interferes with an employee’s rights under the Family Medical Leave Act (“FMLA“) if it does not allow the employee a chance to correct a deficient request-for-leave medical certification. The FMLA protects certain workers’ jobs for a 12-week period if the employee or an immediate family member has a serious medical condition. In order to receive the legal protection of their job, the employee must meet FMLA certification requirements. The employee must have worked for that employer for more than a year and, during the past year, worked a minimum of 1,250 hours. Small employers (less than 50 full-time workers within a 75-mile radius) are not required to provide any job protection for medical leave. When an employee requests FMLA Leave, her employer may ask for FMLA certification, which is documentation from her doctor which states (1) the date on which the serious health condition began; (2) the probable duration of the condition; (3) relevant medical facts; (4) a statement that the employee is unable to perform the functions of her position; (5) the dates and duration of any planned medical treatment; and (6) the expected duration of the leave. In Hansler v. Lehigh Valley Hospital network, Deborah Hansler, a hospital employee, began experiencing shortness of breath, nausea, and vomiting. She submitted a request for intermittent leave along with a brief medical certification, which predicted she would need the leave for one month. After she took five days of leave during the course of a month, the hospital terminated her for excessive absenteeism. Ms. Hansler brought a lawsuit against her former employer claiming violation of her rights under the FMLA. The hospital argued that, because Ms. Hansler’s request for leave indicated that her undiagnosed condition would last for a month only and she had no right to correct the FMLA certification, she did not have a serious medical condition that entitled her to job protection. The Third Circuit Court of Appeals did not accept the hospital’s argument and held that if an employer finds the FMLA certification to be vague, ambiguous, or non-responsive, it must give the employee a chance to cure any deficiencies or risk violating the employee’s rights. Click here to review the Hansler v. Lehigh Valley Hospital Network Third Circuit Precedential Opinion. If you lost your job while on FMLA leave, contact Ed Feinstein or Sarah Martin, employment lawyers with Feinstein Doyle Payne & Kravec, LLC. Posted by Sarah Martin.
Pittsburgh Police May 9, 2015 Pittsburgh Police Lawsuit Settled by ACLU and the City May 7, 2015 – FDPK is pleased to announce the settlement of a federal class action lawsuit. The lawsuit, filed in 2012, claimed that the Pittsburgh Police had a longstanding pattern and practice of racial discrimination against African-Americans in its hiring process for entry-level Pittsburgh police officer positions. In spring 2013, the City and plaintiffs’ attorneys agreed to hire Leaetta Hough, Ph.D., who specializes in industrial and organization psychology, to evaluate Pittsburgh’s entry-level hiring practice. Dr. Hough’s report found that a written test given to applicants overemphasized some qualities that were not essential for the job but didn’t emphasize some important ones. Dr. Hough’s report also addressed the background screening procedure for Pittsburgh police applicants. The settlement provides for a committee to be formed to revise the Pittsburgh police hiring process. It also provides for payments totaling $985,000 to African-American applicants to the Pittsburgh Bureau of Police who were rejected by the city between 2008 and 2014. FDPK’s Ed Feinstein, Ellen Doyle and Pamina Ewing, along with the ACLU of Pennsylvania lawyers, Witold Walczak, Sara Rose and Paloma Wu, represented the Plaintiffs in this class action lawsuit. “We are pleased to have reached an agreement with the city to create more equitable police hiring procedures. We hope that new, fairer processes will help the city increase its hiring of African-Americans to an acceptable level, while improving the quality of all of those hired into these very important positions,” said Ellen Doyle. Click here to review the draft Settlement Agreement. Click here to review the Pittsburgh Post-Gazette Article regarding the settlement. Click here for the May 13, 2015 interview of Ellen Doyle on WESA’s Essential Pittsburgh Program. WESA May 13 Interview
Stephen Pincus Joins NLRB December 31, 2014 FDPK Partner Stephen Pincus Joins National Labor Relations Board (NLRB). Stephen Pincus resigned from the firm as of the end of December to join the NLRB National Labor Relations Board in Cleveland as a Field Attorney.[1] Stephen was associated with the firm for more than 10 years. He primarily represented the firm’s union clients in retiree health class actions and individuals in employment law matters. Among his accomplishments at FDPK: Member of the firm’s litigation team in more than thirty ERISA lawsuits, including company stock, excessive mutual fund fees and retiree health cases, that recovered $200MM+ in reinstated benefits and monetary relief. Pursued the first successful claim of sexual orientation discrimination before the Allegheny County Human Relations Commission. Successfully litigated a First Amendment free exercise challenge against Commonwealth of Pennsylvania, resulting in a change in Funeral Director law to the benefit of religious burial societies. Filed and settled a class action against the University of Pittsburgh challenging its changes to its men’s basketball season ticket renewal policy. While at FDPK, Stephen also served as an adjunct professor at the University of Pittsburgh School of Law, where he co-directed the school’s Unemployment Law Practicum. Stephen was the firm’s road warrior, traveling to more than 40 states, the District of Columbia and Puerto Rico to champion the rights of our clients. We wish Stephen the best of luck in this new professional endeavor. ____________ [1] The NLRB is an independent federal agency with the power to safeguard employees’ rights to organize and to determine whether to have unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. One of the NLRB’s recent accomplishments is a ruling reversing a 2007 decision) that employees may use work email accounts in union organizing activities, as long as they do it on their own time. Workers are now permitted to use work email to discuss wage and other workplace issues.
SETTLEMENT NEWS June 5, 2014 Settlement News – Settlement Reached in Kashi All Natural / Nothing Artificial Action CLICK HERE TO SUBMIT A CLAIM Feinstein Doyle Payne & Kravec, LLC, as co-lead class counsel with Faruqi & Faruqi LLP, announce the settlement news that they have obtained preliminary approval of a $5 million class action Settlement. The settlement is on behalf of California consumers who purchased certain Kashi food products listed below. This lawsuit began because of allegations that Kashi food products were falsely and misleadingly labeled, marketed and sold as being “All Natural” or containing “Nothing Artificial,” but contained certain challenged ingredients. Click here to review the Consolidated Amended Complaint detailing the allegations made in the case. If approved by the Court, the proposed settlement will result in cash refunds for California residents who purchased certain Kashi products between August 24, 2007 and May 1, 2014 in California who submit a valid claim form. Claims can be submitted online at http://www.naturalclasssettlement.com/claim through August 25, 2014. Further information about this settlement can be found in the Notice of Class Action Settlement, or by visiting www.NaturalClassSettlement.com, or by calling the Settlement Administrator at 1-844-322-8154. The Kashi products at issue in the Settlement are listed below: GoLean Chewy Chocolate Almond Toffee Protein & Fiber Bars GoLean Chewy Cookies and Cream Protein & Fiber Bars GoLean Chewy Malted Chocolate Crisp Protein & Fiber Bars GoLean Chocolate Malted Crisp Protein & Fiber Bars GoLean Chewy Oatmeal Raisin Cookie Protein & Fiber Bars GoLean Chewy Peanut Butter Chocolate Protein & Fiber Bars GoLean Chocolate Malted Crisp Protein & Fiber Bar GoLean Crunchy! Chocolate Almond Protein & Fiber Bars GoLean Crunchy! Chocolate Caramel Protein & Fiber Bars GoLean Crunchy! Chocolate Peanut Protein & Fiber Bars GoLean Crunchy! Chocolate Pretzel Protein & Fiber Bars GoLean Crunchy! Cinnamon Coffee Cake Protein & Fiber Bars GoLean Oatmeal Raisin Protein & Fiber Bar GoLean Peanut Butter & Chocolate Protein & Fiber Bar GoLean Roll! Caramel Peanut Protein & Fiber Bar GoLean Roll! Chocolate Peanut Protein & Fiber Bar GoLean Roll! Chocolate Turtle Protein & Fiber Bar GoLean Roll! Fudge Sundae Protein & Fiber Bar GoLean Roll! Oatmeal Walnut Protein & Fiber Bar TLC Baked Apple Spice Soft-Baked Snack Bars TLC Blackberry Graham Soft-Baked Snack Bars TLC Cherry Dark Chocolate Chewy Granola Bars TLC Cherry Vanilla Soft-Baked Snack Bars TLC Cranberry Walnut Fruit & Grain Bars TLC Cranberry Walnut Layered Granola Bars TLC Dark Chocolate Coconut Fruit & Grain Bars TLC Dark Chocolate Coconut Layered Granola Bar TLC Dark Mocha Almond Chewy Granola Bars TLC Honey Almond Flax Chewy Granola Bars TLC Honey Toasted 7 Grain Granola Bars TLC All Natural Chewy Granola Bar in Honey Toasted Kashi TLC Crunchy Granola Bar Honey Toasted 7 Grain TLC Peanut Peanut Butter Chewy Granola Bars TLC Peanutty Dark Chocolate Layered Granola Bar TLC Pumpkin Pie Fruit & Grain Bars TLC Pumpkin Pecan Layered Granola Bar TLC Pumpkin Pecan Fruit & Grain Bars TLC Pumpkin Spice Flax Crunchy Granola Bars TLC Raspberry Chocolate Fruit & Grain Bars TLC Raspberry Chocolate Layered Granola Bar TLC Ripe Strawberry Soft-Baked Snack Bars TLC Roasted Almond Crunch Crunchy Granola Bars TLC Trail Mix Chewy Granola Bars 7 Grain Waffles Blueberry Waffles GoLean Blueberry Waffles GoLean Strawberry Flax Waffles GoLean Original 7 Grain Waffles Berry Blossoms Squares Cereal GoLean Crisp Toasted Berry Crumble Cereal GoLean Crunch Cereal GoLean Crunch Honey Almond Flax Cereal Honey Sunshine Squares Cereal Cocoa Beach Granola Mountain Medley Granola Summer Berry Granola GoLean Chocolate Shake GoLean Vanilla Shake GoLean Creamy Instant Hot Cereal Truly Vanilla GoLean Hearty Instant Hot Cereal with Clusters Honey & Cinnamon TLC Country Cheddar Cheese Crackers TLC Honey Sesame Snack Crackers TLC Original 7 Grain with Sea Salt Pita Crisps Kashi Pita Crisps Zesty Salsa Kashi TLC Crackers Asiago Cheese Kashi TLC Crackers Toasted Asiago Kashi TLC Entertainer Cracker – Mediterranean Bruchetta Kashi TLC Crackers Party Mediterranean Bruschetta Kashi TLC Entertainer Cracker – Stoneground 7 Grain Kashi TLC Crackers Party Stoneground 7 Grain Kashi TLC Crackers Fire Roasted Vegetable Kashi TLC Entertainer Cracker – Garlic and Thyme Kashi TLC Entertainer Cracker – Stoneground 7 Grain Kashi TLC Entertainer Cracker – Original 7 Grain Kashi TLC Crackers Original 7 Grain Kashi TLC Crackers-Natural Ranch TLC Happy Trail Mix Chewy Cookies TLC Oatmeal Dark Chocolate Chewy Cookies TLC Oatmeal Raisin Flax Chewy Cookies Kashi Entrée Chicken Florentine Kashi Chicken Pasta Pomodoro Kashi Entrée Lemongrass Coconut Chicken Kashi Entrée Mayan Harvest Bake Kashi Entrée Pesto Pasta Primavera Kashi Entrée Southwest Style Chicken Kashi Entrée Spicy Black Bean Enchilada Kashi Tuscan Veggie Bake Kashi Pizza Caribbean Carnival Kashi Pizza 5 Cheese & Tomato Kashi Pizza Margherita Kashi Pizza Margherita – Thin Crust Kashi Pizza Margherita – Stone-Fired Thin Crust Tomato Garlic Cheese Stone-Fired Thin Crust Pizza Kashi Pizza Mexicali Black Bean Kashi Pizza Mushroom Trio & Spinach Kashi Pizza Mushroom Trio & Spinach – Thin Crust Kashi Pizza Basil Pesto Kashi Pizza Basil Pesto – Stone-Fired Thin Crust Kashi Pizza Roasted Garlic Chicken Kashi Pizza Roasted Vegetable Kashi Pizza Roasted Vegetable – Thin Crust Heart to Heart Honey Oat Waffles Heart to Heart Honey Toasted Oat Cereal Heart to Heart Instant Oatmeal Apple Cinnamon Heart to Heart Instant Oatmeal Golden Maple Heart to Heart Instant Oatmeal Raisin Spice Heart to Heart Oat Flakes & Blueberry Clusters Cereal Heart to Heart Blueberry Cereal Heart to Heart Roasted Garlic Whole Grain Crackers Heart to Heart Warm Cinnamon Oat Cereal Heart to Heart Original Whole Grain Crackers
New Partner April 23, 2014 FDPK Law Announces New Partner – Joel Hurt Feinstein Doyle Payne & Kravec, LLC is pleased to announce that Joel Hurt has been named a Partner with the firm. A graduate of the University of Pittsburgh School of Law, Joel limits his practice almost exclusively to litigating class action cases in federal and state courts, including pension plan, medical benefits and insurance cases under ERISA and state law. He regularly represents active and retired participants in employee benefit plans as well as unions asserting claims for health and pension benefits. He also litigates insurance class actions. Joel is a contributing author to a leading ERISA litigation treatise, a frequent lecturer, and a presenter at CLE programs. His professional memberships include the American Bar Association, Allegheny County Bar Association, Lawyers Coordinating Committee of the AFL-CIO, and The Honorable Amy Reynolds Hay Chapter of The American Inns of Court (where he serves on the Executive Board). Joel resides in Gibsonia with his wife, Stephanie, and three children.
Continuing Legal Education January 19, 2013 Continuing Legal Education: FDPK Lawyers are Practice Leaders Feinstein Doyle Payne & Kravec, LLC attorneys are regularly invited to speak at Continuing Legal Education Seminars. The firm’s attorneys presented at the following seminars: December 4, 2013: FDPK Attorneys Ellen Doyle and Joel Hurt recently spoke at the 26th Annual ERISA Litigation Conference,sponsored by Thomson Reuters, and held on December 4, 2013 in New York City. The day-long conference consisted of eight different panels presenting on varied ERISA litigation topics. Ellen Doyle provided the employees’/plan participants’ perspective for two different panels, one on recent case developments regarding breach of fiduciary duties involving investments in employer stock and the second on ethics and privilege issues under ERISA. Joel Hurt gave the employees’/plan participants’ perspective on a panel devoted to developing topics in ERISA litigation, which focused on standing, statutory claims, and fiduciary breach claims related to the valuation of private Employee Stock Ownership Plans. June 28, 2013: Ellen Doyle spoke at the National Employment Lawyers Association Annual Convention held in Denver, CO. Ellen participated in a panel presentation entitled, “What Every Plaintiffs’ Employment Lawyer Needs to Know about ERISA.” The program was moderated by Robert Truhlar of Centennial, CO and fellow panelist was Margo Hasselman of Oakland, CA. April 30, 2013: Joseph N. Kravec, Jr. spoke at the National Business Institute‘s continuing legal education seminar entitled “Litigating Insurance Coverage Claims: From Start to Finish.” The seminar was held at the Hilton Garden Inn in Southpointe, PA. March 22, 2013: Ellen Doyle spoke at the American Bar Association Employment Rights & Responsibilities Committee’s Midwinter Meeting held in Miami, FL. Ellen participated in the panel presentation entitled “CSI Miami: ERISA Privilege Issues Under the Microscope.” The program was moderated by J. Timothy McDonald of Atlanta, Georgia. Fellow panelists were Susan Martin of Phoenix, AZ, Jamila Minnicks of the U.S. Department of Labor, and Howard Shapiro of New Orleans, LA. March 5, 2013: Ellen Doyle was a speaker at the Pennsylvania Bar Institute‘s ERISA Update Seminar held in Pittsburgh, Pennsylvania. February 23, 2013: Joel Hurt spoke at the American Bar Association Employee Benefits Committee 2013 Midwinter Meeting. Joel participated in a panel discussion at the meeting, held in Charleston, SC on February 20-23, 2013. The panel discussed updates to the law relating to the duties of fiduciaries. In addition to Joel, Elizabeth Hopkins of the U.S. Department of Labor, Al Holifield of Knoxville, TN and William Kinney of Chicago, IL were panelists.
