Justia U.S. 3rd Circuit Court of Appeals Opinion Summaries

Boyd and Smith, both Caucasians, alleged that their former employer, Boeing, discriminated against them on the basis of their race, in violation of 42 U.S.C. 1981, when it terminated their employment after they appeared in a photograph taken at work with a third employee looking like members of the KKK. The district court granted Boeing summary judgment, finding that Boyd and Smith failed to establish a prima facie case of race discrimination because they were not similarly situated to Kenta Smith, the African-American employee who took the photograph and reported the incident. The Third Circuit affirmed, agreeing that “[e]ven if a jury could somehow find that the evidence met the prima facie threshold,” “[t]here is no evidence that could lead a reasonable jury to conclude that Boeing did not really fire the plaintiffs for posing as the KKK, or that a more likely cause was Boeing’s animus toward” Caucasians. View "Barker v. Boeing Co" on Justia Law

Hansler was hired by Lehigh Valley in 2011. In 2013, Hansler began experiencing shortness of breath, nausea, and vomiting, of unknown origins. Hansler’s physician completed a medical certification form “requesting intermittent leave at a frequency of 2 times weekly starting on March 1, 2013 and lasting for a probable duration of one month.” Hansler submitted the certification as part of a formal request for leave under the Family Medical Leave Act, 29 U.S.C. 2601. Hansler was unable to work on March 13, 14, 23, 24, and 25. Without seeking further information from either Hansler or her physician, Lehigh terminated Hansler on March 28, citing absenteeism, including the five days she took off in March. Lehigh informed her, for the first time, that her leave request had been denied because her “condition presently does not qualify as a serious health condition under the criteria set forth by the [Act].” After her dismissal, Hansler received a diagnosis of diabetes and high blood pressure. The district court dismissed her suit under the Act, on the basis that the medical certification supporting Hansler’s request for leave was “invalid.” The Third Circuit reversed, finding that Lehigh violated the Act in failing to afford Hansler a chance to cure any deficiencies in her medical certification. View "Hansler v. Lehigh Valley Hosp. Network" on Justia Law

Bonkowski worked for Oberg. He has health conditions, including an aortic bicuspid, diabetes, possible aortic aneurysm, and colon removal. On November 14, Bonkowski met with supervisors to discuss his suspension for allegedly sleeping on the job. According to Bonkowski, he experienced shortness of breath, chest pain, and dizziness, and the supervisors gave him permission to go home. He clocked out at 5:18 p.m. That night, his wife drove him to the hospital. He was admitted shortly after midnight. After testing, he was released in the early evening of November 15, with a doctor’s note. On November 16, Oberg notified Bonkowski that his employment was terminated because he had walked off the job on November 14. The district court rejected his suit under the Family Medical Leave Act, 29 U.S.C. 2611(11)(A). The Third Circuit affirmed, based on a Department of Labor regulation, defining a “serious health condition.” The court held that “an overnight stay” means a stay for a substantial period of time from one calendar day to the next calendar day as measured by the time of admission and time of discharge. Bonkowski was admitted and discharged on the same calendar day. View "Bonkowski v. Oberg Indus., Inc" on Justia Law

KCI’s Transit Division provides bus and shuttle services on 32 set routes, four of which cross state lines. From 2009 through 2012, its revenue generated by interstate routes fluctuated between 1.0% and 9.7%. KCI trains drivers on multiple interstate and intrastate routes. KCI may assign a driver to any route on which he has been trained, including interstate routes, and may discipline a driver who refuses to drive an assigned route. As a “common carrier by motor vehicle” authorized to engage in interstate commerce, KCI is subject to Federal Motor Carrier Safety Administration (FMCSA) regulations and possesses a U.S. Department of Transportation registration number. KCI provides each driver with a “Federal Motor Carrier Safety Regulations Pocketbook” detailing the driver’s responsibilities under DOT regulations. Plaintiffs were drivers who, during the relevant period, worked more than 40 hours in a week without receiving overtime pay; 1.3% of their trips required them to cross state lines. Resch filed a purported collective action to recover unpaid overtime. The district court conditionally certified a class. The Third Circuit affirmed summary judgment in favor of KCI, holding that Plaintiffs are ineligible for overtime under the Motor Carrier Act exemption to the Fair Labor Standards Act, 29 U.S.C. 213(b)(1), and Pennsylvania Minimum Wage Act. View "Resch v. Krapf's Coaches Inc" on Justia Law

Woodcrest operates a rehabilitation and nursing facility. The Union filed a petition for an election and Woodcrest employees voted to unionize. Woodcrest filed objections to the election and the Union filed a charge alleging that Woodcrest committed various unfair labor practices (29 U.S.C. 151-169). The National Labor Relations Board (NLRB) issued a first amended complaint against Woodcrest, and the case was tried before an Administrative Law Judge, who found that Woodcrest committed unfair labor practices by withholding benefits from election-eligible employees and by engaging in three coercive interrogations of election-eligible employees, but that Woodcrest did not create an unlawful impression of surveillance in another exchange with an employee. The NLRB affirmed the ALJ’s decision with respect to the benefit withholding and interrogation claims, but it reversed with respect to the surveillance claim. The Third Circuit affirmed with regard to the Board’s conclusions that Woodcrest coercively interrogated at least one employee and by created an unlawful impression of surveillance. The court vacated the conclusion that Woodcrest’s withholding of benefits from unit employees violated the Act and remanded. View "800 River Road Operating Co LLC v. Nat'l Labor Relations Bd." on Justia Law

McMaster worked for Eastern, an armored courier company, as a driver or guard. Her assignment changed daily. McMaster spent 51% of her total days working on vehicles rated heavier than 10,000 pounds, and 49% of her total days working on lighter vehicles. She was paid by the hour and frequently worked more than 40 hours per week. She was not paid overtime. After McMaster left Eastern, she filed a purported class action claiming that the Fair Labor Standards Act required Eastern to pay overtime wages , 29 U.S.C. 216(b). The dispute centered on the Act’s the Motor Carrier Act Exemption. According to McMaster, she fell within an exception to the exemption, enacted prior to her employment. The Corrections Act waives the exemption for motor carrier employees who, in whole or in part, drive vehicles weighing less than 10,000 pounds and states: “Section 7 of the Fair Labor Standards Act . . . appl[ies] to a covered employee notwithstanding section 13(b)(1) of that Act.” The district court held that McMaster was eligible for overtime for all hours she worked over 40 in a workweek. The Third Circuit affirmed. McMaster met the criteria of a “covered employee” and was entitled to overtime. View "McMaster v. Eastern Armored Servs., Inc" on Justia Law

In 2007, Werkheiser was elected to the three-member Pocono Township Board of Supervisors. Supervisor Hess was elected in 2009; Bengel was elected in 2011. Supervisors are permitted to be employed by the Township. Werkheiser was appointed Township Roadmaster by the Board. Hess, as Chairman of the Board, Secretary, and Treasurer, received $36,000 per year in salary and benefits. In 2012, Hess took 10-days leave. Froio was selected to assume Hess’s administrative duties. Over Werkheiser’s objection, Bengel and Hess voted to hire Froio as Township Administrator, with compensation of $70,000. As Froio’s position developed, Hess’s responsibilities and workload decreased. Hess continued to be paid. Werkheiser objected to creation of a new position with greater expense and to paying Hess when his duties were being performed by Froio. Hess and Bengel began private deliberations to deny Werkheiser reappointment and to replace him with Bengel. In 2013, Werkheiser was formally denied reappointment. Werkheiser sued, asserting First Amendment retaliation and state law violations. The district court reasoned that there were important differences between public employees and elected officials; found that Werkheiser had established a constitutional violation; and denied a motion to dismiss. The Third Circuit held that the defendants were entitled to qualified immunity; the contours of the First Amendment right at issue were not clearly established. View "Werkheiser v. Pocono Township" on Justia Law

Knight, a member of the International Longshoremen’s Association, was financial secretary for the Local. In 2000, he distributed a flier stating the Local was hosting the Worker’s Coalition. McBride, director of Diamond State Port Corporation (which operates the Port of Wilmington where Union members work) offered to be a speaker and contributed $500 to the hotel hosting the meeting. The Union’s national vice president, Paylor, told McBride that Worker’s Coalition was not affiliated with the Union. McBride withdrew as a speaker, but he did not seek return of the $500. Knight filed Union charges against Paylor for interfering with the Local. Paylor counter-charged, alleging frivolous claims and using the Union name without permission. A hearing board cleared Paylor, but decided that Knight committed violations. Knight filed suit. On first remand, the district court ordered and the Union created a new policy and held a new hearing. The Union did not comply with an order to change its constitution. On second appeal, the Third Circuit held that Knight’s due process rights were not violated in the second hearing, but the district court awarded Knight attorney’s fees ($243,758.34), costs, and interest, reasoning that, because of Knight’s suit, Union members: can no longer be disciplined for harmless references to the Union name or logo; are more aware of disciplinary hearing due process rights; and, are properly informed about the Act. On third appeal, the Third Circuit affirmed. View "McBride v. Int'l Longshoremens Ass'n" on Justia Law

In 1999, Allstate reorganized its business and terminated the at-will employment contracts of about 6,200 sales agents, offering them conversion to independent contractor status; $5,000 and an economic interest in their accounts, to be sold to buyers approved by Allstate; severance pay equal to one year’s salary; or severance pay of 13 weeks’ pay. Employees who chose independent contractor status received a bonus of at least $5,000, were not required to repay any office-expense advances, and acquired transferable interests in their business two years after converting. All employees who chose not to convert and left the company were bound by noncompetition covenants in their original contracts. As a condition of becoming independent contractors, agents were required to sign a release waiving existing legal claims against Allstate. The Equal Employment Opportunity Commission sued, claiming that the company violated federal anti-retaliation laws. The district court reversed. The Third Circuit affirmed, noting the settled rule that employers can exchange consideration for releases of claims and that EEOC established neither protected activity nor an adverse action. View "Equal Emp't Opportunity Comm'n v. Allstate Ins. Co" on Justia Law

Heffernan joined the Paterson Police Department in 1985 and became a detective. In 2006, Spagnola, a former Paterson police chief and Heffernan’s friend, sought to unseat the incumbent mayor. Heffernan hoped that Spagnola would win, but was unable to vote for Spagnola based on his city of residence, did not work on the campaign, and did not consider himself “politically involved.” At the request of his bedridden mother, Heffernan picked up a Spagnola campaign sign, to replace one that had been stolen from her lawn. An officer assigned to the Mayor’s security staff observed Heffernan’s encounter with the Spagnola campaign manager. The next day, Heffernan was demoted to a “walking post” because of his “overt[] involvement in a political election.” Heffernan sued under 42 U.S.C. 1983. His free-association claim resulted in a jury verdict of $105,000. The judge retroactively recused himself and vacated the verdict. A new judge granted the defendants summary judgment on a free-expression claim; on remand, another judge concluded that Heffernan had adequately pleaded and prosecuted his free-association claim, but found that Heffernan did not establish that he actually exercised his First Amendment rights. The Third Circuit affirmed; claims of retaliation based only on the perceived exercise of those rights are foreclosed. View "Heffernan v. City of Paterson" on Justia Law