Employment

  • October 22, 2014

    Union Blasts Trump Resorts' Bid To Stifle Communications

    An union representing employees at New Jersey's Trump Taj Mahal urged a Delaware bankruptcy judge Wednesday to reject a motion aimed at controlling its communications with casino customers, saying the relief sought by Trump Entertainment Resorts Inc. violates the Constitution and federal labor law.

  • October 22, 2014

    DaVita Finalizes $389M Settlement Over Kickback Claims

    Dialysis giant DaVita HealthCare Partners Inc. has finalized a deal in which it will pay $389 million and unwind 11 joint ventures to resolve criminal and civil claims by a whistleblower that it provided kickbacks to kidney doctors, DaVita and the U.S. Department of Justice said Wednesday.

  • October 22, 2014

    Exxon Says Free Speech Right Nixes Worker's Defamation Suit

    ExxonMobil Pipeline Co. on Wednesday asked a Texas appellate court to throw out a fired employee’s defamation suit under a state free speech law, arguing that an internal conversation between the man’s supervisors was protected speech.

  • October 22, 2014

    Ex-Kline & Specter Atty Freed From Returning Referral Fees

    The Pennsylvania Superior Court overturned a trial court's order that a former Kline & Specter PC attorney must return more than $200,000 in referral fees for cases he took with him after leaving to found his own firm, saying Wednesday that the lower court had erred.

  • October 22, 2014

    NCAA Athletes Are Temporary Employees, FLSA Suit Says

    A former college soccer player slapped the National Collegiate Athletic Association and a slew of schools with a proposed Fair Labor Standards Act collective action in Indiana on Monday, contending that student athletes are temporary employees who must be paid at least minimum wage under federal law.

  • October 22, 2014

    Goldman Attacks Commonality Of Putative Gender Bias Class

    Goldman Sachs Group Inc. on Wednesday rejected the notion that women claiming a sexualized culture of discrimination damaged their pay and promotion prospects could band together in court, arguing the individual situations of more than 1,000 potential plaintiffs don't share common traits required for class certification.

  • October 22, 2014

    EEOC Alleges Long-Term Sexual Harassment At Maine Farm

    The U.S. Equal Employment Opportunity Commission on Tuesday hit a Maine farm and produce wholesaler with allegations that the business allowed a sexually hostile work environment and ignored female workers' complaints of groping and lewd comments from male co-workers.

  • October 22, 2014

    Judge Approves Bashas' $6.5M Settlement In Bias Suit

    An Arizona federal judge on Tuesday gave preliminary approval to Bashas' Inc.’s $6.5 million settlement with a class of Hispanic workers who accused the grocery chain owner of nearly a decade of discrimination by paying them less than white workers.

  • October 22, 2014

    Prophet Equity Says Insurer Owes $15M For Ex-Worker's Suit

    Prophet Equity LP filed a $15 million suit against Twin City Fire Insurance Co. in Texas court Tuesday, for allegedly breaching a policy by refusing to pay the private equity fund after it was sued by a former employee.

  • October 22, 2014

    2nd Circ. Upholds Ex-Union Leaders' Extortion Convictions

    The Second Circuit upheld the convictions Wednesday of three related ex-union leaders accused of taking part in a scheme to extort money from business owners, ruling the trial court didn't err by admitting evidence about reputed connections to the mafia.

  • October 22, 2014

    PAGA Divide May Push High Court To Take Up Iskanian Case

    Several federal judges have recently rejected the California Supreme Court's employee-friendly Iskanian ruling that workers can't waive representative Private Attorney General Act claims through mandatory arbitration agreements, a trend lawyers say increases the chances that the U.S. Supreme Court may choose to weigh in.

  • October 22, 2014

    Bose McKinney Can't Shake $7.6M Malpractice Suit

    A Michigan federal court on Wednesday shot down Bose McKinney & Evans LLP and its tax service group head's request that the court reconsider its summary judgment decision, in Booth American Co.'s $7.6 million malpractice suit over a disputed pension plan indemnity agreement.

  • October 22, 2014

    NLRB Judge Finds Against Ross Stores' Arbitration Pact

    A National Labor Relations Board judge ruled Tuesday that clothing retailer Ross Stores Inc. violated federal labor law when it required employees to sign an arbitration agreement that prohibited them from pursuing class or collective actions.

  • October 22, 2014

    National Union Defeats Suit Over $40M Real Estate Deal

    A Florida federal judge found for National Union Fire Insurance Co. of Pittsburgh, Pa., on Tuesday in a suit by two insurers seeking coverage for a $40 million settlement in an underlying real estate dispute, ruling a directors and officers liability policy excludes negligence claims.

  • October 22, 2014

    Employers' EEOC Survival Guide: Litigation

    After the U.S. Equal Employment Opportunity Commission investigates a bias claim, concludes it has merit and can't reach a settlement, the agency may turn to its last resort: litigation. Management-side lawyers have some tricks up their sleeve for defending EEOC suits in particular, but EEOC General Counsel P. David Lopez warns against getting distracted from the core issues when litigating with the agency. This is the third in a three-article series on navigating the EEOC process.

  • October 22, 2014

    Calvin Klein, PVH Facing Newest Unpaid Intern Class Action

    Calvin Klein Inc. and parent company PVH Corp. are the latest targets of allegations that they didn't pay interns for work that didn't qualify as education or training, according to a proposed statewide class action filed Monday in Manhattan.

  • October 22, 2014

    Dollar General ‘Wasting Time’ In Doc Request, EEOC Says

    The U.S. Equal Employment Opportunity Commission struck back in Illinois federal court Tuesday against an attempt by Dollar General to dig up documents related to the EEOC’s investigation of supposedly discriminatory hiring practices, saying the request was a “waste of time” because the documents are irrelevant to the suit.

  • October 22, 2014

    Fla. Court Says Closed-Door Pension Talks Violated Law

    A Florida appeals court on Tuesday affirmed a ruling that Jacksonville city officials violated the state's open-government laws by negotiating a pension deal for city police officers and firefighters during mediation that was closed to the public.

  • October 22, 2014

    Ex-WR Grace Workers Seek OK To Sue Insurer Over Asbestos

    Two former W.R. Grace & Co. employees asked a Delaware bankruptcy judge on Tuesday for reassurance that their planned lawsuit against Maryland Casualty Co. won’t run afoul of the company’s confirmed bankruptcy plan, saying the injunction barring asbestos-related suits against Grace and others doesn’t apply to their claims against the insurer.

  • October 22, 2014

    Amid $1B IPO, REIT Founder Accuses Ex-Partner Of Fraud

    The founder of a New York real estate investment trust gearing up to go public for $1 billion again sued his former business partner in New York federal court earlier this month for allegedly conspiring to ruin him through unauthorized access to the REIT's network, extortion and misrepresentation of the REIT to other parties.

Expert Analysis

  • Japan's Trade Secret Law Reform Should Focus On Discovery

    York Faulkner

    Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • The State Of Same-Sex Marriage In Florida

    Brad Gould

    If the Eleventh Circuit overturns the ruling in Brenner v. Scott, then Florida’s ban on same-sex marriage would remain in place — making the Eleventh Circuit the only circuit to uphold such a ban and opening the door to U.S. Supreme Court review, say Brad Gould and Dana Apfelbaum of Dean Mead Minton & Zwemer.

  • A Ban On Ban-The-Box?

    Natasha B. Dorsey

    In a regulatory landscape of ban-the-box laws and increased EEOC scrutiny of criminal history questions during the hiring process, employers in industries such as health care and finance are often put in the position of acting unlawfully because they are required to conduct background checks for certain positions. The Certainty in Enforcement Act could clarify things, but it also leaves the door open for trouble, says Natasha Dorse... (continued)

  • Brazil's E-Social Program: A New Horizon For Employers

    Walter Abrahao Nimir Junior

    The goal of Brazil's eSocial program is to gradually replace obligations from previous labor and social security withholding forms, thus reducing employers' repetitive and excessive submission of information, say Walter Abrahao Nimir Junior and Marina Alfonso de Souza of De Vivo Whitaker e Castro Advogados.

  • FLSA Case Is A Guide To Using Independent Contractors

    Larry S. Perlman

    Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • 5 Ways Employers Can Fight Ebola

    Sloane Ackerman

    Most employers in the U.S. will be prepared for the current Ebola outbreak after taking a few steps, including educating employees and ensuring emergency preparedness, says Sloane Ackerman of O'Melveny & Myers LLP.

  • Singing The Siren Song Of Unlimited Vacation Policies

    Susan F. Eandi

    As with many U.S. employment law concepts and practices, the idea of unlimited vacation does not quite translate outside America because vacation is a legal entitlement in most countries, not a fringe benefit that employers can choose to offer or not, say Susan Eandi and Teresa Burlison of Baker & McKenzie LLP.