Employment
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CJP’s employment practice focuses on protecting the rights of Pennsylvania workers. We file class and collective action lawsuits to ensure that workers are paid the minimum wage and overtime, as well as systemic employment discrimination lawsuits, class actions to protect workers’ rights during background checks, and other types of impact-oriented employment cases.
Unpaid Pre- and Post-Shift Time
In 2021, the Pennsylvania Supreme Court held in In re Amazon.com, Inc., 255 A.3d 191, 208 (Pa. 2021) that Pennsylvania employers must pay workers for all of the time they are required to be at the employer’s premises, including pre- and post-shift time. In the wake of this decision, we have been helping workers, especially meat and food processing workers, to recover their unpaid pre- and post-shift time. Thus far, we, along with co-counsel, have filed five class action lawsuits under this initiative to recover unpaid wages.
EEOC et al. v. Bisconti Farms, Inc. et al. (EDPA 2018):
Our client was the charging party in a sexual harassment charge with the EEOC against Bisconti Farms, Inc., a major mushroom farm in Berks County. The EEOC investigated and located at least 10 victims of the same supervisory employee. In 2018, the EEOC filed a class action lawsuit seeking compensation for the harassment victims and broad injunctive relief, and we intervened on behalf of our client, the charging party. In October 2019, the lawsuit settled, and the court entered the agreed-upon consent order. The consent order provides $200,000 in compensation and attorneys’ fees to the harassment victims, and includes broad injunctive relief requiring the company to change its policies and practices to prevent future sexual harassment and retaliation.
Watson et al. v. Prestige Delivery Services and NICA (C.P. Allegheny Co.):
The Community Justice Project co-counseled this class action case, filed in Allegheny County Court of Common Pleas, with a private law firm, alleging that plaintiff delivery drivers were misclassified as independent contractors and seeking damages pursuant to the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law, among other claims. In April 2019, the court granted final approval of a $1.7 million class action settlement.