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Articles by Scott Badami
Third Circuit Revives FMLA Lawsuit: SEPTA Bus Driver’s Termination Over Medical Absence Heads to Trial
Navigating the intersection of employment and medical leave rights can be particularly challenging for individuals who lack legal training. Federal statutes such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) offer critical protections to workers, but the procedural and legal requirements involved can create confusion and, at times, inconsistent or even unjust outcomes.
The Intersection of Labor Law and Politics Following the Presidential Election
In previous articles, we have reviewed in detail both the effort by the Dartmouth College men’s basketball team to form a union a well as expected changes coming to the National Labor Relations Board (NLRB) given the results of the November 2024 presidential election. At the heart of the issue lies the question of whether collegiate athletes should be classified as employees under U.S. labor law. In the case of the Dartmouth basketball team, this legal issue has taken on significant importance.
Elections Have Consequences: Some Thoughts on Labor and Employment Law Topics in 2025 and Beyond
With a change back to a Republican administration and a full Republican Congress, it is likely there will be significant shifts in federal labor and employment law coming in 2025 and beyond. Here is some educated speculation on what we may see after the inauguration in January. At the National Labor Relations Board (NLRB), as now happens when the party in power changes, we expect the board’s general counsel will be replaced as soon as practicable.
'Two Separate Lives': Lawyers Share Personal Stories of Addiction, Recovery
The legal profession contains many factors—high stress levels, perfectionist standards, pressure from clients and partners—that lead to higher rates of substance abuse compared to other professions, as well as a heightened stigma against those seeking help. “Attorneys are not allowed to make mistakes,” said retired administrative law judge Mary Beth O’Connor, who serves as a director for She Recovers Foundation and LifeRing Secular Recovery, at a program held Wednesday in suburban Philadelphia.
Ex-NFL Star and Penn State Fullback Turned Educator Files Lawsuit Alleging Systemic Racism Against School District
The story of Omar Easy reads like a promising narrative of achievement and ambition, with all the elements of a perfect comeback. A former NFL star athlete turned educator, Easy’s journey took him from the pinnacle of sports to the corridors of academia, driven by a passion to lead and inspire in the small town of Wayland, Massachusetts.
Back to the Office You Go! Issues Impacting Remote Work in a Post-Pandemic World
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Noncompete Update: Bans, New Limitations and Restrictions
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. View Now Our Team Account subscription service is for legal teams of four or more attorneys.
Student Athletes Consider Forming Labor Unions as They Look to Get Paid for Their Efforts
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. View Now Our Team Account subscription service is for legal teams of four or more attorneys.
Lawsuit Filed by Ex-NFL Coach Proof That 'Email Is Forever'
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Case Alleging Systemic Race Discrimination Against NFL Allowed to Proceed in Federal Court
From Data to Decisions Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. Exclusive Depth and Reach. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
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Pro-Worker Agenda to Protect Tipped and Overtime Workers Takes Center Stage
As part of a broad sweeping agenda aimed at protecting Pennsylvania workers, Gov. Tom Wolf unveiled a plan to create safer workplaces, guarantee paid sick leave and increase worker pay. At the time Wolf unrolled the plan in October 2021, he signed an executive order and called on the General Assembly to pass legislation to increase the minimum wage from $7.25 to $12 per hour. The move was roundly criticized by businesses, driven by fear of increased inflation.
NFL Grapples With Allegations of Systemic Racial Discrimination in Suit by Ex-Coach | The Legal Intelligencer
When the calendar flipped to February, the National Football League (NFL) was in the middle of an exciting playoff run with the Super Bowl scheduled in less than two weeks. Indeed, on Feb.
Fair Housing Defense: Top Ten Blog Posts from 2020
With my annual apology to David Letterman, the first Fair Housing Defense blog entry of the year is always my favorite as I highlight the Top Ten posts from the previous year (and you can click on each entry if you want to read it). I am not surprised to see that issues involving the pandemic (obviously new for 2020) as well as emotional support animals (certainly not new for 2020) got the most reader views.
Thoughts On Avoiding Criminal Background FHA Claims | JD Supra
I have heard from a couple of clients (and potential new clients) recently after they received either a demand letter or lawsuit (or both) asserting their property violated the Fair Housing Act (FHA) related to criminal background screening. The letter from counsel asserts that an applicant tried to rent an apartment and was rejected because the potential applicant has a criminal record.
Thoughts On Avoiding Criminal Background FHA Claims
I have heard from a couple of clients (and potential new clients) recently after they received either a demand letter or lawsuit (or both) asserting their property violated the Fair Housing Act (FHA) related to criminal background screening. The letter from counsel asserts that an applicant tried to rent an apartment and was rejected because the potential applicant has a criminal record.
HUD Settles Sexual Harassment Fair Housing Act Charge From California For $13,000 | JD Supra
Pursuant to the terms of a conciliation agreement, the U.S. Department of Housing & Urban Development (HUD) announced earlier this month that it facilitated settlement of a sexual harassment Fair Housing Act (FHA) case from California. As a part of the agreement, the Respondents, although denying the allegations, agreed to pay $13,000 as well as provide a neutral landlord reference. Factually, a resident claimed she was harassed by a maintenance employee at the property.
HUD Settles Sexual Harassment Fair Housing Act Charge from California for $13,000
Pursuant to the terms of a conciliation agreement, the U.S. Department of Housing & Urban Development (HUD) announced earlier this month that it facilitated settlement of a sexual harassment Fair Housing Act (FHA) case from California. As a part of the agreement, the Respondents, although denying the allegations, agreed to pay $13,000 as well as provide a neutral landlord reference. Factually, a resident claimed she was harassed by a maintenance employee at the property.
Early Lease Terminations And COVID-19: Here Are Some Guidelines | JD Supra
As written here (and elsewhere), the COVID era has raised housing law issues nobody had thought of until March 2020. While there are recently approved vaccines, until those vaccines are widely distributed to the American public (and I fully support health care professionals, first responders, frontline workers, as well as nursing home residents and other vulnerable seniors going to the front of the line), it appears the pandemic will be with us all for a number of more months.
Early Lease Terminations and COVID-19: Here Are Some Guidelines
As written here (and elsewhere), the COVID era has raised housing law issues nobody had thought of until March 2020. While there are recently approved vaccines, until those vaccines are widely distributed to the American public (and I fully support health care professionals, first responders, frontline workers, as well as nursing home residents and other vulnerable seniors going to the front of the line), it appears the pandemic will be with us all for a number of more months.
Department Of Transportation Limits Emotional Support Animal Travel On Airlines | JD Supra
As Fair Housing Defense blog readers are aware, the issue of questionable/fraudulent medical verifications for certain assistance animals has vexed both the professional apartment industry and airlines for some time now.
Department of Transportation Limits Emotional Support Animal Travel on Airlines
As Fair Housing Defense blog readers are aware, the issue of questionable/fraudulent medical verifications for certain assistance animals has vexed both the professional apartment industry and airlines for some time now.
“Is My Property Covered Under The Fair Housing Laws?” | JD Supra
Your humble Fair Housing Defense Blog editor gets questions from readers time to time. Which is good. Some I can’t answer off the cuff – such as “[i]t will just take a minute, but can you tell me how much my claim is worth?” Obviously, I can’t do that. And remember, I am the guy who represents professional apartment ownership/management. Another question I regularly get concerns if a specific property is covered under the federal Fair Housing Act (FHA).
"Is My Property Covered Under the Fair Housing Laws?"
Your humble Fair Housing Defense Blog editor gets questions from readers time to time. Which is good. Some I can’t answer off the cuff – such as “[i]t will just take a minute, but can you tell me how much my claim is worth?” Obviously, I can’t do that. And remember, I am the guy who represents professional apartment ownership/management. Another question I regularly get concerns if a specific property is covered under the federal Fair Housing Act (FHA).
An Apartment Community Holiday Decoration Guide | JD Supra
The most uncommon year of 2020 continues on, with a most unusual Thanksgiving last week. Accordingly, it is now time for my annual Fair Housing Blog apartment community holiday decoration guide. How do we respect the Christmas celebrations of some, Hanukkah beliefs of others, as well as festive traditions of various other cultures? Can we put up decorations involving Santa Claus? What about Christmas trees? Rudolph? Menorahs? And what to do if some residents celebrate nothing during this time of year?
HUD Charges Pennsylvania Property With Disability Discrimination | JD Supra
Earlier this month, the U.S. Department of Housing & Urban Development (HUD) announced that it charged a Pennsylvania property owner with disability discrimination related to assistance animals and designated parking spaces pursuant to the Fair Housing Act (FHA). The case was referred to HUD by a local fair housing tester agency. The agency received a report from an applicant that the property charged pet deposits and/or pet rent for emotional support animals.
HUD Settles Disability Fair Housing Act Case For $34,900 | JD Supra
Pursuant to the terms of a formal Consent Order, earlier this month, a property owner/manager in Georgia agreed to settle a Fair Housing Act (FHA) disability discrimination case for $34,900 as well as various additional affirmative relief. Factually, the case arose because a resident who received disability benefits sought a reasonable accommodation to move the date his rent was due to match up with the date his disability check arrived.
An Apartment Community Holiday Decoration Guide
The most uncommon year of 2020 continues on, with a most unusual Thanksgiving last week. Accordingly, it is now time for my annual Fair Housing Blog apartment community holiday decoration guide. How do we respect the Christmas celebrations of some, Hanukkah beliefs of others, as well as festive traditions of various other cultures? Can we put up decorations involving Santa Claus? What about Christmas trees? Rudolph? Menorahs? And what to do if some residents celebrate nothing during this time of year?
HUD Settles Disability Fair Housing Act Case for $34,900
Pursuant to the terms of a formal Consent Order, earlier this month, a property owner/manager in Georgia agreed to settle a Fair Housing Act (FHA) disability discrimination case for $34,900 as well as various additional affirmative relief. Factually, the case arose because a resident who received disability benefits sought a reasonable accommodation to move the date his rent was due to match up with the date his disability check arrived.
HUD Charges Pennsylvania Property With Disability Discrimination
Earlier this month, the U.S. Department of Housing & Urban Development (HUD) announced that it charged a Pennsylvania property owner with disability discrimination related to assistance animals and designated parking spaces pursuant to the Fair Housing Act (FHA). The case was referred to HUD by a local fair housing tester agency. The agency received a report from an applicant that the property charged pet deposits and/or pet rent for emotional support animals.
HUD Initiates Religious Discrimination Fair Housing Act Case | JD Supra
Most of the fair housing cases I report about in this Blog are brought by individuals or on behalf of individuals by a local fair housing advocacy group. There is, however, another way for a complaint to be filed. The federal Fair Housing Act (FHA) as well as many state law counterparts, permit what is called a “Secretary’s Complaint” to be initiated against a property owner or manager.
HUD Initiates Religious Discrimination Fair Housing Act Case
Most of the fair housing cases I report about in this Blog are brought by individuals or on behalf of individuals by a local fair housing advocacy group. There is, however, another way for a complaint to be filed. The federal Fair Housing Act (FHA) as well as many state law counterparts, permit what is called a “Secretary’s Complaint” to be initiated against a property owner or manager.
HUD Charges Wyoming Property Owner With Familial Status Discrimination | JD Supra
I know I have written about this before, but a housing provider in Wyoming was just charged with familial status discrimination pursuant to the Fair Housing Act (FHA) by the U.S. Department of Housing & Urban Development (HUD) related to newly written community rules that HUD asserts unfairly targeted children.
HUD Charges Wyoming Property Owner With Familial Status Discrimination
I know I have written about this before, but a housing provider in Wyoming was just charged with familial status discrimination pursuant to the Fair Housing Act (FHA) by the U.S. Department of Housing & Urban Development (HUD) related to newly written community rules that HUD asserts unfairly targeted children.
HUD Charges Buffalo, NY Property Owner With Disability Discrimination Related To An Assistance Animal | JD Supra
In a press release issued a couple of weeks ago, the U.S. Department of Housing & Urban Development (HUD) charged a New York property owner with discrimination under the Fair Housing Act (FHA) asserting that the owner failed to permit a resident to keep an assistance animal. Factually, the complainant (and two roommates) moved into an apartment in Buffalo pursuant to a lease with a “no pets” provision.
HUD Files Familial Status Discrimination Charge Against The City Of Arlington, Texas | JD Supra
In a charge that demonstrates the perils of acting even in what is perceived to solve a need, the City of Arlington, Texas has now been sued by the U.S. Department of Housing & Urban Development (HUD) related to their efforts to build affordable housing targeting a need among elderly residents. There is a bit of legalese involved, but the specifics involve a federal tax credit program to assist with the development of new housing.
HUD Charges Buffalo, NY Property Owner With Disability Discrimination Related to an Assistance Animal
In a press release issued a couple of weeks ago, the U.S. Department of Housing & Urban Development (HUD) charged a New York property owner with discrimination under the Fair Housing Act (FHA) asserting that the owner failed to permit a resident to keep an assistance animal. Factually, the complainant (and two roommates) moved into an apartment in Buffalo pursuant to a lease with a “no pets” provision.
HUD Files Familial Status Discrimination Charge Against the City of Arlington, Texas
In a charge that demonstrates the perils of acting even in what is perceived to solve a need, the City of Arlington, Texas has now been sued by the U.S. Department of Housing & Urban Development (HUD) related to their efforts to build affordable housing targeting a need among elderly residents. There is a bit of legalese involved, but the specifics involve a federal tax credit program to assist with the development of new housing.
Retaliation And The Fair Housing Act | JD Supra
I suspect I have mentioned this before, but it keeps coming up. In addition to the seven protected classes (race, national origin, color, religion, sex, familial status, and disability) in the federal Fair Housing Act (FHA), there is another cause of action tucked away in a different section of the law that trips up housing providers from time to time: retaliation. Here is how it comes into play and hits my desk.
Retaliation and the Fair Housing Act
I suspect I have mentioned this before, but it keeps coming up. In addition to the seven protected classes (race, national origin, color, religion, sex, familial status, and disability) in the federal Fair Housing Act (FHA), there is another cause of action tucked away in a different section of the law that trips up housing providers from time to time: retaliation. Here is how it comes into play and hits my desk.
Fair Housing And Elections | JD Supra
All right. A couple of readers have asked me to comment on the November 2020 presidential election and what, if anything, the election may mean for fair housing. While I desperately try to avoid politics here at the Fair Housing Defense Blog, this is what I can report. Our federal Fair Housing Act (FHA) was passed back in 1968. It was amended in 1974 and then again in 1988. In short, the FHA has been enforced by multiple Democratic and Republican administrations. That will not change.
Fair Housing and Elections
All right. A couple of readers have asked me to comment on the November 2020 presidential election and what, if anything, the election may mean for fair housing. While I desperately try to avoid politics here at the Fair Housing Defense Blog, this is what I can report. Our federal Fair Housing Act (FHA) was passed back in 1968. It was amended in 1974 and then again in 1988. In short, the FHA has been enforced by multiple Democratic and Republican administrations. That will not change.
Commercial Appraiser-Appraisal 310.337.1973
Residential Real Estate | JD Supra. REAL ESTATE - RESIDENTIAL [Webinar] Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies - October 6th, 12:00 pm - 1:00 pm ET by Michael Schwartz, Steven Williams | Cohen Seglias Pallas Greenhall & Furman PCBreach of Duty, Burden of...
HUD Settles Two Fair Housing Act Cases: One For $8,000 And One For $6,000 | JD Supra
In separate releases issued earlier today, the U.S. Department of Housing & Urban Development (HUD) announced that it settled two housing discrimination matters: one from California for $6,000 and one from Hawaii for $8,000. In the California case, the complainants claimed that housing providers declined to offer them a two bedroom unit because they have three children.
HUD Settles Two Fair Housing Act Cases: One for $8,000 and One for $6,000
In separate releases issued earlier today, the U.S. Department of Housing & Urban Development (HUD) announced that it settled two housing discrimination matters: one from California for $6,000 and one from Hawaii for $8,000. In the California case, the complainants claimed that housing providers declined to offer them a two bedroom unit because they have three children.
COVID-19: CDC Issues Pandemic Economic Hardship Eviction Hold Until The End Of 2020 | JD Supra
In a bit of a surprise, the Centers for Disease Control and Prevention (CDC) just issued a nationwide order halting many pandemic-related residential evictions through the end of 2020. At first glance, the order looks to cover more than 40 million residential renters if they meet certain defined income and other eligibility requirements. This new action follows President Trump’s Executive Order of August 8, 2020.
COVID-19: CDC Issues Pandemic Economic Hardship Eviction Hold Until The End of 2020
In a bit of a surprise, the Centers for Disease Control and Prevention (CDC) just issued a nationwide order halting many pandemic-related residential evictions through the end of 2020. At first glance, the order looks to cover more than 40 million residential renters if they meet certain defined income and other eligibility requirements. This new action follows President Trump’s Executive Order of August 8, 2020.
Some Additional COVID-19 Related Questions And Answers | JD Supra
A couple of (well, four) quick pandemic-centric questions today: As we have all seen over the past few months, some amenities at apartment communities (gyms, pools, fitness centers, community rooms, games rooms, and the like) were closed or remain closed because of government health restrictions. Can residents pay reduced rent because amenities bargained for are not available? While the language in each individual lease may differ, it is likely the answer is no.
Some Additional COVID-19 Related Questions and Answers
A couple of (well, four) quick pandemic-centric questions today: As we have all seen over the past few months, some amenities at apartment communities (gyms, pools, fitness centers, community rooms, games rooms, and the like) were closed or remain closed because of government health restrictions. Can residents pay reduced rent because amenities bargained for are not available? While the language in each individual lease may differ, it is likely the answer is no.
HUD Settles Three Housing Discrimination Cases From Arkansas For $51,000 | JD Supra
Last week, the U.S. Department of Housing & Urban Development (HUD) announced it resolved three fair housing cases from Arkansas, settling allegations that the owners and property management company discriminated against a number of residents because of their national origin. Additionally, one of the now settled claims asserted that management retaliated against an employee who wanted to inform residents of their fair housing rights under the law.
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