News & Events

Hardwick Benfer Gets Results

After a one-week trial in federal court, Virginia Hardwick and Tiffanie Benfer obtained a successful jury verdict for client Julie Diaz, who brought claims against her former employer, Saucon Valley Manor and Nimita Kapoor Atiyeh, under the Americans with Disabilities Act and the Family and Medical Leave Act. Ms. Diaz was unlawfully fired when her employer learned that she was going to in-patient rehabilitation for alcoholism. The recovery includes back pay, compensatory damages, punitive damages, and attorneys’ fees.

http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/5:2012cv00433/457784/81/0.pdf?1377787332

http://law.justia.com/cases/federal/district-courts/pennsylvania/paedce/5:2012cv00433/457784/100

The groundbreaking law in this case has been discussed in numerous blogs and legal periodicals, including these:

http://assets.complianceexpert.com/fileserver/file/19716/filename/TPG-TIME1113nl.pdf

http://smarthr.blogs.thompson.com/2013/03/18/inpatient-treatment-for-alcoholism-protected-under-ada-fmla/

http://www.scrudderbass.com/docs/fmla_newsletter_november_2013.pdf

http://www.drugtestlawadvisor.com/2013/05/08/employee-can-proceed-with-ada-suit-after-arrest-for-public-drunkenness/

Legal News

Supreme Court Cases

Fall 2013
In Sandifer, et al. v. U.S. Steel Corp., No. 12-417, Steel mill workers are challenging whether they must be paid for time spent donning and doffing protective equipment and then traveling to and from their workstations. The workers argue that donning and doffing protective equipment is distinguishable from “changing clothes.” The union and US Steel had previously agreed that time spent “changing clothes” would not be considered part of “the hours for which an employee is employed.”

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