Employment

  • November 26, 2014

    EEOC Slams Manufacturer's Bid To Revive Mass Email Suit

    The U.S. Equal Employment Opportunity Commission on Tuesday blasted manufacturer Case New Holland Inc.’s attempt to revive its suit over a mass email sent by the agency during an age discrimination probe, arguing a D.C. federal court properly chucked the suit for containing speculative allegations.

  • November 26, 2014

    Dechert's Hiring Is Biased, Drexel Law Student Says

    Dechert LLP was sued Wednesday in Pennsylvania federal court by a Drexel University law school student who says the firm violated the Americans with Disabilities Act by refusing to hire Drexel students, who are more likely to have disabilities.

  • November 26, 2014

    NLRB Pushes 3rd Circ. For OK In Canning-Prompted Rehearing

    The National Labor Relations Board pushed the Third Circuit on Tuesday to uphold unfair labor practices findings against New Vista Nursing and Rehabilitation LLC, saying the U.S. Supreme Court’s Noel Canning decision invalidating two recess appointments does not require a remand to the board.

  • November 26, 2014

    Calif. Lawmaker Wants Retailers To Double Holiday Pay

    California retailers and restaurants open on Thanksgiving and Christmas will have to pay workers double wages under a proposal announced Wednesday by a state legislator, as Democrats across the country voice opposition to growing holiday hours.

  • November 26, 2014

    Defunct Firm Boss Liable For $4.4M Owed To Atty, Court Says

    A California appellate court on Wednesday affirmed a trial court’s ruling that a name partner of bankrupt law firm O’Reilly & Collins should be on the hook for nearly $4.4 million owed to a former partner for unpaid wages and breach of contract, saying the order didn’t violate a bankruptcy court’s automatic stay.

  • November 26, 2014

    Trump Says It Needs $5M Icahn Infusion To Stay Afloat

    Trump Entertainment Resorts Inc. on Wednesday asked a New York bankruptcy judge to approve a $5 million cash infusion from Carl Icahn-controlled senior lender companies, saying that without the financing, it will run out of funds by mid-January.

  • November 26, 2014

    Fla. Police Lose Age Discrimination Suit In 11th Circ.

    The Eleventh Circuit ruled Wednesday that a group of police officers from Miami Beach, Florida, failed to establish claims of age discrimination against the City of Miami Beach and the Miami Beach Fraternal Order of Police, and affirmed a summary judgment for the defendants.

  • November 26, 2014

    Staffing Cos. Sued Over No-Notice Background Check Firings

    A Kansas man on Tuesday hit two employment agencies in Maryland federal court with a proposed class action alleging that they violated the Fair Credit Reporting Act by taking adverse employment actions based on consumer reports without providing employees copies of the reports.

  • November 26, 2014

    Citi Says Fortified DR Horton Shouldn't Impact Wage Case

    Citicorp Credit Services Inc. on Tuesday told an Idaho federal court that the National Labor Relations Board’s recent reaffirmation of its D.R. Horton ruling should not bear on the court’s determination of whether to compel arbitration in a putative collective wage action.

  • November 26, 2014

    Reichhold Creditors Take Aim At $106M DIP, Sale Plans

    Creditors of bankrupt Reichhold Inc. on Tuesday blasted the chemical company's $106 million debtor-in-possession financing package and its plan to set up senior secured noteholders as a stalking horse bidder, saying they will drive away other suitors.

  • November 26, 2014

    High Court May Trump EEOC In UPS Pregnancy Bias Case

    The U.S. Supreme Court is poised to hear oral arguments in a pregnancy bias battle between United Parcel Service Inc. and a worker who was denied light duty, a case that could result in a ruling that conflicts with recent U.S. Equal Employment Opportunity Commission pregnancy discrimination guidance.  

  • November 26, 2014

    Williams-Sonoma, Ex-Employee Settle Trade Secrets Row

    Home retail giant Williams-Sonoma Inc. notified a Tennessee federal court that it has reached a settlement to end litigation with a former employee it had accused of passing confidential business plans and pricing information to competing home goods company Arhaus LLC.

  • November 26, 2014

    NLRB Judge Faults Phillips 66 For Employee-Media Policy

    A National Labor Relations Board judge ruled Tuesday that Phillips 66 violated federal labor law during the course of a union organizing campaign at a California refining facility, finding the company threatened employees and unfairly restricted workers from talking to the media.

  • November 26, 2014

    SF Supervisors Pass Predictable Work Schedule Legislation

    Days before the annual Black Friday sales rush, the San Francisco Board of Supervisors passed legislation that extends benefits to part-time employees and aims to make retail work schedules more predictable.

  • November 26, 2014

    Texas Panel Boots Suit Over Untimely Discrimination Claim

    A Texas appellate panel on Tuesday tossed a former hospital worker's lawsuit alleging a law firm failed to file her employment discrimination lawsuit within the statute of limitations, saying her claim couldn't survive summary judgment without expert testimony showing her underlying case was viable.

  • November 26, 2014

    GM Must Submit Ex-CEO's Performance Review In Defect Case

    A New York federal judge on Tuesday ordered General Motors Co. to produce a 2009 performance evaluation of its former CEO as part of a $10 billion multidistrict litigation over allegedly defective ignition switches and associated recalls.

  • November 26, 2014

    5 Lessons From DOJ's Blockbuster FCA Haul

    The U.S. Department of Justice’s $5.7 billion False Claims Act haul in fiscal year 2014 will further incentivize whistleblowers who share proceeds in successful suits, and the mix of companies that coughed up cash points to an expanded anti-fraud playing field, experts say. Here are five lessons from the record-smashing recoveries.

  • November 25, 2014

    GE Claims Contractor Immunity In Removing Asbestos Suit

    General Electric Co. removed to federal court an asbestos case brought by a laborer allegedly exposed to the chemical at various sites over roughly 15 years, arguing Monday that GE is immune from the suit because the allegations arise from GE's work as a federal contractor.

  • November 25, 2014

    Supervalu Pharmacist OT Row Stays In Fed. Court

    A California federal judge rejected a motion Tuesday to send to state court a proposed class action accusing Supervalu Inc. of not paying pharmacists minimum wage and overtime, unpersuaded by the argument that the case missed the $5 million threshold for staying in federal court.

  • November 25, 2014

    Texas Jury Rejects Atty's Claim Energy Co. Fired Him For Age

    A Texas jury on Monday cleared Norway-based Petroleum Geo-Services Inc. and its American subsidiary of allegations that it fired an attorney for age discrimination in a case that had once accused the company of firing the man for reporting company fraud.

Expert Analysis

  • A Presumption In Favor Of 'California' Employees

    Barbara E. Tanzillo

    Technology workers from Bangalore, software instructors from Arizona and Colorado, truck drivers in San Diego, and cucumber harvesters in Gilroy, California ... Cases involving workers as varied as these have helped form a body of wage-and-hour law that all California employers, and out-of-state employers sending employees to work in the state, must understand, say Elizabeth Roth and Barbara Tanzillo of GCA Law Partners LLP.

  • Amgen Likely To Be Leading Case Affecting ERISA Pleading

    Fred T. Isquith

    Given the Ninth Circuit decision in Harris v. Amgen Inc., practitioners should be advising their clients of a considerable change in the judiciary’s approach to the responsibilities of fiduciaries in employment plans covered by the Employee Retirement Income Security Act, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Year Of The Whistleblower For SEC In Asia

    Wendy Wysong

    Although unsupported by extraterritorial anti-retaliation protection and despite the fact that only 0.0014 percent of U.S. Securities and Exchange Commission whistleblower reports have resulted in awards, the number of whistleblowing tips the SEC receives from China continues to increase, say Wendy Wysong and Montse Ferrer De Sanjose of Clifford Chance LLP.

  • Self-Help Not The Preferred Way To Address Tax Conflicts

    Jonathan R. Talansky

    Brinkley v. Commissioner, where the U.S. Tax Court ruled that an executive of a company acquired by Google Inc. was required to report a large portion of his merger consideration as ordinary compensation income, underscores the hazards of trying to use a tax return to “undo” what a taxpayer feels is a mistaken tax reporting position taken by another party, says Jonathan Talansky of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • NJ's Sick Leave Law May Be A Poison Pill For Restaurants

    Christina Stoneburner

    The main reason why New Jersey's proposed sick leave law may have more of an impact on the food service industry is how large and small employers are defined under it — a small restaurant may easily have upward of the necessary employees to qualify as a large employer simply because certain employees may only be available a few hours per week, says Christina Stoneburner of Fox Rothschild LLP.

  • Walgreen Case Opens Door For State Law HIPAA Claims

    Linn Foster Freedman

    Walgreen Co. recently suffered a major blow when the Indiana Court of Appeals affirmed a 2012 jury verdict for $1.4 million arising from a trial that uncovered sordid details of a pharmacist breaching a customer’s prescription information. The decision provides an avenue for plaintiffs to skirt the Health Insurance Portability and Accountability Act prohibition of a private right of action to go after the deep pockets of employers,... (continued)

  • Mass. Sick Leave Law Will Pain Small Employers The Most

    John P. McLafferty

    Compliance with recent amendments to Massachusetts' Wage Act will likely be particularly difficult for smaller employers, such as restaurants and small retailers, who may be large enough to be required to provide paid leave but who do not have the flexibility of larger employers to easily cover shifts missed by absent workers, say John McLafferty and Arielle Sepulveda of Day Pitney LLP.

  • Calif. Law Is Cause For Caution Among 'Client Employers'

    Anthony J. Amendola

    AB 1897 will make it easier for California workers to pursue claims against "client employers" and their "labor contractors" because they will not need to litigate the fact-specific inquiry of employer control and it will no longer be necessary to evaluate the degree of supervision exercised by the client employer, thereby eliminating one obstacle to class certification, say Anthony Amendola and Grant Goeckner-Zoeller of Mitchell S... (continued)

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.