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Women’s History Month Interview Series: Robyn Rykard

March 15, 2024 by MacElree Harvey, Ltd. Leave a Comment

  1. Describe your current and past roles at MacElree Harvey. 

I started with MacElree Harvey in 2018 as an office assistant.  Generally speaking, an office assistant’s responsibilities include ordering toner and placing service calls for the various copiers, replenish supplies and deliver mail and filings to the courthouse.  Since joining the firm, I have added more client facing duties to my responsibilities.  I cover the reception desk often, and have started witnessing in signings for the firm.  This past year I managed the North Star gift drive for the firm, which made me proud to support our community and make a difference in the lives of others.

  1. How do you believe your unique perspective as a woman contributes to the overall success and diversity of MacElree Harvey.

Each day, I cover the reception desk while the receptionist is at lunch. Every now and then I have a conversation with either a client or a loved one of a client. On one particular occasion, a spouse waited in the waiting room while her significant other finalized his will. He did not have much longer to live. She was strong, but you could feel the sadness that was in her. We spoke about past employers (she was once a receptionist) and keeping in touch with “old” friends (she was having lunch with some “old” friends later in the week).  

Women by nature are nurturers and want to comfort.  We listen, show empathy and also offer sympathy.  Clients come to MacElree Harvey knowing that we care. It’s not just lip service. When I answer the phone and a client or potential client mentions a loved one has passed away, I always offer my condolences. People remember the little things and how you made them feel, especially during difficult times.

Having gone through some of the same circumstances that bring clients to our firm, I can relate to how clients are feeling.  In those situations, I knew what would have helped me so I try and treat people the way I wanted to be treated.

  1. Growing up, was there someone in your life that inspired you to become who you are today?

Growing up, my mother was my biggest inspiration.  I grew up with both a mother and a father, but while my father’s job was always a 9-5 position, my mother took advantage of the different work shifts available in her place of employment. She would change shifts as we grew older, so that she could at least spend time with her three children before she had to go to work. By the time we were teenagers, my mother was working 1st shift and did so until she retired.  She and my dad had goals in life and knew hard work and a strong work ethic would get those goals achieved. 

  1. What progress on gender equality have you seen in your life and work?

The practice of law is predominantly a male dominated occupation, but more and more women are enrolling in law schools and passing the bar. Here at MH, I take pleasure in seeing the senior female attorneys mentoring the female associates and the female paralegals who are studying to be attorneys all while raising families.  You know someone else’s journey if you have already made the same walk.

  1. What is one thing others can do to empower the woman in their lives?

Empower the women in our lives is to lift them up. Listen. Offer advice. Offer to watch children. Tell the woman in question “I have your back. What else can I do to lighten your load?” My eldest daughter is going to resume her goal of earning a nursing degree, while working and raising a child. I have encouraged her to continue to live at home so that we can help her.

Filed Under: Uncategorized

Women’s History Month Interview Series: Nicole Castafero

March 7, 2024 by MacElree Harvey, Ltd. Leave a Comment

  1. Reflecting on Women’s History Month, how have you seen the role of women in legal administration evolve during your career, and what contributions do you believe women have made to the success of law firms and legal departments?  

Prior to joining MacElree Harvey in 2020, I worked for a firm in Philadelphia. I consider myself fortunate that the executives at both firms are people that I admire, respect and have learned and continue to learn from. Having now worked with both men and women in leadership positions in law firms, the benefits of having a female CEO are significant. Women bring an emotional intelligence aspect to the workplace that is highly effective. Being able to consider other people’s feelings, offering praise and gratitude, keeping commitments and encouraging learning and growth are just a few of the impacts Michelle Foster has brought to the firm. Encouraging open dialogue, active listening, and understanding as well as providing guidance and motivation to handle situations that may have initially been outside personal comfort level are just a few of the ways working with Michelle has inspired my own personal growth and for which I am grateful. 

  1. Growing up, was there someone in your life that inspired you to become who you are today? Who was it and why?  

My parents, who always encouraged me to succeed in life. My parents are practical, and the values that I was raised on have influenced how I experience life at work as well. It is only upon reflection years later that I fully realized the ways in which I learned from my parents. They taught hard work, integrity and reliability by example. I can now appreciate “showing up is half the battle”, which is something my dad used to say. 

  1. What advice do you have for women starting to develop their careers?

Take advantage of every learning opportunity, even if it pushes you out of your comfort zone. If someone is willing to teach you – they believe you are capable. Resist the urge to compare yourself to your peers, instead measure your individual growth to your past self. Distinguish yourself by working hard, being reliable and keeping your promises. Leadership will notice.

Filed Under: Uncategorized

Women’s History Month Interview Series: Michelle Foster

March 1, 2024 by MacElree Harvey, Ltd. Leave a Comment

  1. When you began your career, did you ever imagine you would have a leadership role in this profession/industry?  

While I may not have initially envisioned becoming a CEO of this law firm, I am grateful for the opportunities and experiences that have led me to this position. This is my twentieth year with MacElree Harvey, and many of us have worked together for a long time. I consider myself fortunate to enjoy the work that I do, the people that I work with and for an organization with values that I believe in.

  1. What are the benefits to having women in leadership?   

Women in leadership promotes diversity of thought, enhances creativity and fosters a more inclusive workplace.  Women leaders often bring unique perspectives, skills and strengths to the workplace.  Generally speaking, women tend to be empathetic and emotionally intelligent which are great qualities in leadership.  Additionally, studies suggest that gender-diverse leadership teams can improve financial performance and overall effectiveness. For example, MacElree Harvey has seen its gross revenue over 5 years grow 45% and profits grew 39%.

  1. How do you believe your unique perspective as a female CEO contributes to the overall success and diversity of MacElree Harvey?

My career at MacElree Harvey began in 2004 as a Staff Accountant.  I have served the firm in many roles including COO, CFO, CEO.  Rising through the ranks while raising a family and going to school at night has granted me the opportunity to see various perspectives at different levels. Having the background and longevity with the firm allows a unique approach to leadership and assists with the overall vision of the firm. Throughout the years we have been able to shape the culture into what it is today and we are proud to have won Best Places to Work 2018-2022 and Top Workplaces 2023.

As a law firm, we have demonstrated a commitment towards increasing women’s access to advancement through our culture and practices.  Below are just a few examples:

  • Open door policy to promote on-going communication to address the needs of its employees.
  • Offers health and wellness programs, including mindful meditation, chair yoga, and nutrition seminars.
  • Compensation structure is based on a formula creating equal compensation opportunity for women and men.
  • Measures performance based on results, not attendance.  Work schedule flexibility, including the opportunity for revenue generating roles to work from home to support work-life balance while meeting the needs of clients.
  • Fosters and promotes women in leadership positions and advancement within the Firm. 
  • Provides training and resources to support women’s professional development and the growth of their business and network, including continuing education and marketing.
  • Encourages mentoring of attorneys to support their practice, development and job satisfaction.
  1. What qualities make a great female leader?

Integrity: consistency in actions, honesty, and commitment to ethical behavior.  Empathy: understanding and considering the perspectives and feelings of others.  Vision: a clear vision and the ability to inspire others to work toward common goals.  Accountability: taking responsibility for actions and outcomes of decisions.  Strategic thinking: ability to think long-term and plan for the future. Able to navigate change effectively. 

  1. What advice would you give to the next generation of women leaders? 

Believe in yourself: cultivate self-confidence and believe in your abilities. Trust that you have the skills and resilience to overcome challenges.  Embrace challenges: view challenges as opportunities for growth.  Embrace them, learn from them, and use them to strengthen your skills and leadership abilities. Advocate for others: lift as you would climb.  Support your peers and use your position to create opportunities for other who are willing to put the effort in.

Filed Under: Uncategorized

Join MacElree Harvey: Discover the MacElree Harvey Difference

February 12, 2024 by MacElree Harvey, Ltd. Leave a Comment

At MacElree Harvey, a law firm deeply rooted in tradition since 1880, we take immense pride in not only our historical legacy but also in our commitment to fostering a dynamic and people-centered culture. As we embark on the journey of expansion, we are excited to announce various opportunities for talented individuals to join us in roles including: legal assistants, professional staff, paralegals, and attorneys.

Our success is built on a foundation of trust and appreciation for our team members. In 2023, we welcomed seven new associate attorneys and twelve staff members, a testament to our commitment to providing a supportive and thriving work environment.

In recognition of the evolving dynamics in the legal landscape, we prioritize the well-being of our team members. Throughout the year, we implement initiatives such as chair massages, spirit days, social events, and summer Fridays, creating an enjoyable and fulfilling work experience. Our efforts extend beyond traditional work practices, reflecting our dedication to adapt to the changing needs of the modern workplace.

Our dedication to creating a positive workplace has earned us recognition as a Top Workplace by the Philadelphia Inquirer, an accolade that extends to both our Pennsylvania and our Delaware offices. This distinction not only reaffirms our commitment to our employees but also serves as a testament to the caliber of our firm during the recruitment process. At MacElree Harvey, we take pride in being an employer of choice.

Join MacElree Harvey and experience the difference of a culture rooted in excellence, growth, and innovation. As we expand our team, we invite talented individuals to be a part of a legacy that values its people and shapes the future of legal practice. Discover the MacElree Harvey difference and embark on a fulfilling career with a firm that prioritizes its team members and is dedicated to setting new standards in the legal profession. Visit macelree.com/careers to learn more about our available positions.

Filed Under: Uncategorized

Employment Law Update November 2023

November 30, 2023 by MacElree Harvey, Ltd. Leave a Comment

In November 2023, Pennsylvania appellate courts made headlines with a potentially significant expansion of reimbursable medical costs for employers and the end of a high-profile lawsuit against the state’s largest university, while a California federal court gave a Delaware corporation another reason to think through the legal impact of out-of-state remote workers.  Get the full details below.

Pennsylvania Court Rules Employee’s CBD Oil Qualifies as a Covered Medical Supply

A Pennsylvania state appeals court has ruled that the law firm Schmidt Kirifides and Rassias PC is obligated to cover the cost of cannabidiol (CBD) oil used by one of its attorneys, Mark Schmidt, to manage back pain resulting from a work injury. Despite CBD’s federal illegality, the court deemed it a “medical supply” under the state’s Workers’ Compensation Act, making it a reimbursable medical cost. Schmidt had been prescribed CBD oil by his doctor for pain management related to aggravated degenerative disc disease.

The Commonwealth Court of Pennsylvania majority, in their opinion earlier this month, emphasized that FDA approval is not a prerequisite for a substance to be considered a medical supply under state law. The decision overturned a workers’ compensation appeal board’s denial of Schmidt’s reimbursement, while a dissenting judge argued that without FDA approval, CBD oil couldn’t qualify as a reimbursable medical supply. The dispute arose when Schmidt’s law firm refused reimbursement, leading to a series of legal proceedings.

The majority criticized the appeal board’s dismissal of a Workers’ Compensation Judge’s findings and underscored that FDA approval is not mandatory under Pennsylvania law. The dissent, however, insisted on regulatory approval and questioned the adequacy of Schmidt’s medical documentation. This split underscores a broader debate on whether CBD oil qualifies as a medical supply, prompting the majority to assert that such determinations fall within legislative purview rather than the court’s jurisdiction.

The case is Schmidt, M. v. Schmidt, Kirifides & Rassias, case number 1039CD2021, in the Commonwealth Court of Pennsylvania.

Pennsylvania Court Declines to Resurrect Lawsuit Regarding Termination of Penn State Coach

The Pennsylvania Superior Court has upheld the dismissal of former Penn State University gymnastics coach Jeffrey Thompson’s claims of defamation and breach of contract against the university. The court adopted the September 2022 opinion of Judge Jonathan Grine, who found that Penn State had valid reasons for firing Thompson over allegations of creating a hostile environment for gymnasts. The court ruled that an athletic director’s statement about prior accusations against Thompson was not defamatory.

Thompson’s termination in 2017 led to a lawsuit alleging breach of contract, defamation, and false light portrayal. The court noted that Thompson’s high profile in collegiate sports made him a limited public figure, requiring a showing of “actual malice” for defamation claims. The court found that the athletic director’s statement did not meet this standard.

Additionally, the court affirmed that Thompson’s termination adhered to the “for cause” section of his 2015 contract, citing his consistent show of disrespect towards team members. The court emphasized Thompson’s crude and critical comments about athletes’ weight, personal lives, and mental health as contributing factors to the termination, concluding that no reasonable jury could find he complied with his contractual obligations.

The case is Thompson v. The Pennsylvania State University, case number 1460 MDA 2022, in the Superior Court of Pennsylvania.

Remote Work in California by Executives of Delaware Corporation Proves to be Undoing in Bid for Federal Court Diversity Jurisdiction

A federal judge has ruled against Cardlytics Inc., a Delaware-incorporated digital ad platform headquartered in Atlanta, in a compensation dispute with two former California employees. The judge, John W. Holcomb, rejected Cardlytics’ attempt to establish diversity jurisdiction in the case, stating that the company failed to prove its “principal place of business” given that most of its top executives, including the CEO and COO, work remotely from California.

Diversity jurisdiction requires that parties in a lawsuit be citizens of different states. Cardlytics had initially presented U.S. Securities and Exchange Commission filings listing Atlanta as its headquarters. However, the plaintiffs, Lee and Nicola Evans, demonstrated that a significant portion of Cardlytics’ leadership operated from California. The Evanses, former owners of Afin Technologies acquired by Cardlytics in 2022, allege that Cardlytics forced them out of the company through a manufactured scandal.

Despite complex corporate diagrams and unclear officer lists presented by both parties, Judge Holcomb found the Evanses’ evidence more compelling and granted their motion to remand the case back to California state court. The judge declined to award attorney fees, noting the closely contested legal issue and acknowledging the evolving landscape of corporate practices and remote workforces.

The case is Lee Evans and Nicola Evans v. Cardlytics Inc., case number 8:23-cv-00606, in the U.S. District Court for the Central District of California.

Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment.  Jeff also practices in commercial litigation as well as counsels business on commercial contract matters.

Filed Under: Uncategorized Tagged With: Jeffrey Burke

Employment Law Update September 2023

October 9, 2023 by MacElree Harvey, Ltd. Leave a Comment

Legal actions filed in September of 2023 shed light on the limits of reasonable accommodations in the workplace in the areas of workplace testing and remote work, and a national pizza chain is accused of short-changing its drivers.  Read all about it in this month’s update.

Walmart Test Ruling Out Workers Discriminated Against Disabled Workers According to New EEOC Complaint

Walmart is facing legal trouble as the U.S. Equal Employment Opportunity Commission (EEOC) filed a complaint in an Arkansas federal court, alleging the retail giant of discriminating against employees with disabilities. The EEOC contends that Walmart wrongfully utilized a training test, the Pathways Graduation Assessment, to disqualify workers with disabilities who were fully capable of performing their job duties.  The assessment was described as a “self-administered, computer-based knowledge assessment and was required for all entry-level store associates in 31 positions nation-wide”, and purportedly assesses an employee’s knowledge of customer service, inventory essentials, retail fundamentals, and merchandising.

The lawsuit, filed on behalf of former employees Glenda Scott and Jaclyn Walker, as well as a class of unnamed plaintiffs, claims that the assessment was biased against individuals with disabilities, denying them reasonable accommodations and resulting in terminations for those who failed. Walmart implemented this requirement in 2015, later reducing the number of questions in 2018 but maintaining a pass rate requirement of at least 70% after three attempts.

The EEOC asserts that Walmart violated the Americans with Disabilities Act by terminating employees who could perform their job’s essential functions, citing examples of individuals who were terminated for not passing the test despite otherwise having no job performance problems. The lawsuit seeks damages, back pay, reinstatement for wrongfully terminated employees, and a permanent injunction to prevent discriminatory practices.  This legal battle highlights the importance of employers not losing sight of whether employees can perform essential functions of jobs when implementing testing and screening mechanisms for their workforce.

Remote Work for School Principal Deemed Not to Be A Reasonable ADA Accommodation Where Physical Presence Is Essential

In a recent case, Jordan v. School Board of the City of Norfolk, the U.S. District Court for the Eastern District of Virginia ruled against a school principal who sought remote work as a reasonable accommodation for her asthma and restrictive lung disease, which she claimed were worsened by the poor condition of the school building. The court found in favor of the school board, emphasizing that physical presence in the school was an essential function of her job as an elementary school principal.

During the COVID-19 pandemic, the principal had been allowed to work primarily from home, but as students returned to in-person learning, she requested to continue remote work under the Americans with Disabilities Act (ADA). The school district denied her request, citing the essential nature of her job requiring her presence in the school building.

This case highlights post-pandemic considerations for employers facing accommodation requests for remote work under the ADA. Employers should update policies to reflect their current practices, especially regarding in-office presence expectations. Additionally, having well-defined job descriptions can help establish the essential functions of a position, ensuring compliance with ADA requirements while meeting the needs of both employers and employees.

Domino’s Franchises Paying 35 Cents-Per-Mile Allegedly Violates Minimum Wage Laws

Domino’s Pizza franchises in Massachusetts are facing a proposed class-action lawsuit for allegedly underpaying delivery drivers, paying them only 35 cents per mile for their mileage expenses. The lawsuit, filed in federal court, claims that this reimbursement rate effectively reduced drivers’ wages to below the federal minimum wage, violating the Fair Labor Standards Act.

The plaintiff, Brian Kingham, who worked as a delivery driver for these franchises, argued that the low reimbursement rate failed to cover the actual costs of owning and operating a vehicle, including gas, maintenance, insurance, and depreciation. During the period covered by the complaint, the IRS allowed a higher reimbursement rate of 54 to 58 cents per mile. Moreover, industry estimates, including those from the American Automobile Association, suggest that the true cost of driving can be as high as 60 cents per mile, accounting for factors like wear and tear from delivery driving.

Kingham’s lawsuit asserts that the franchise’s reimbursement rate left drivers earning less than the federal minimum wage and essentially subsidizing the company. The complaint alleges that these low reimbursement rates were a frequent concern among drivers, and at times, the company refused to pay any mileage credit, suggesting willful non-compliance with labor standards.

Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment.  Jeff also practices in commercial litigation as well as counsels business on commercial contract matters.

Filed Under: Uncategorized

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