Employment

  • July 30, 2014

    Killers Purportedly Want In On Apple, Google Anti-Poach Row

    The massive antitrust class action accusing Apple Inc., Google Inc. and other tech giants of illegally agreeing not to poach employees took a bizarre twist Wednesday when the court entered a motion purporting to be from a slew of convicted and accused mass murderers seeking to intervene as plaintiffs.

  • July 30, 2014

    Employers To Embrace Arbitration After 3rd Circ. Ruling

    The Third Circuit's ruling that courts, rather than arbitrators, should decide whether classwide arbitration is available when an agreement is silent on that point will encourage some employers that had been on the fence about arbitration to embrace it as a means to counter the surging tide of costly wage-and-hour class actions, lawyers say.

  • July 30, 2014

    Plaintiffs Seek Consolidation Of 2 Fla. Gay Marriage Cases

    Plaintiffs who recently won challenges to Florida's same-sex marriage ban in parallel suits in Miami-Dade and Monroe counties are asking an appeals court to consolidate the cases and present the state's appeals to the Florida Supreme Court for immediate consideration.

  • July 30, 2014

    CFPB Chief Admits Employee Review Issues, Defends Agency

    Consumer Financial Protection Bureau Chief Richard Cordray on Wednesday took responsibility for an allegedly discriminatory employee performance review system previously used at the agency, but hit back at other allegations of mismanagement and cronyism, saying they were untrue.

  • July 30, 2014

    Iskanian Employer To Appeal Arbitration Case To High Court

    CLS Transportation Los Angeles LLC plans to petition the U.S. Supreme Court in hopes of overturning the prohibition on Private Attorney General Act waivers in Iskanian, a landmark California Supreme Court ruling that generally strengthened enforceability of mandatory class waivers in employment arbitration agreements, the company’s attorney told a state judge Wednesday.

  • July 30, 2014

    Detroit Pensioners Face Moment Of Truth On Ch. 9 Appeals

    The Sixth Circuit late Tuesday gave retiree groups that have inched toward abandoning their fight against Detroit’s pension-cutting plan a Thursday deadline to make up their minds, saying their decision can't wait because the appeals must be resolved before the city’s blockbuster confirmation trial.

  • July 30, 2014

    5 Tips For Food Cos. Looking To Outsource Production

    Food companies that outsource production need to ensure their deals with manufacturing partners contain all the right ingredients and account for concerns such as quality control, labor issues and intellectual property protection. Here, experts provide tips companies should heed to keep these agreements from becoming recipes for disaster.

  • July 30, 2014

    McDonald's 'Joint Employer' Directive Goes Beyond Fast Food

    The National Labor Relations Board general counsel's treatment of McDonald's Corp. as a "joint employer" alongside its franchisees in dozens of unfair labor practices cases could have far-reaching implications, potentially increasing liability in the restaurant and other franchise-heavy industries and giving unions a leg up in organizing, attorneys say.

  • July 30, 2014

    House Gives Boehner OK To Sue Obama Over ACA Delay

    The U.S. House of Representatives on Wednesday gave the go-ahead to a resolution authorizing legal action against President Barack Obama over the delay of the Affordable Care Act’s employer mandate, in a sharply divided vote with no Democrat support.

  • July 30, 2014

    AT&T Not Liable For Dead Telecommuter's Workers' Comp

    The Supreme Court of New Jersey on Wednesday freed AT&T from a workers’ compensation claim, ruling a widower failed to demonstrate his late wife’s fatal blood clot resulted from extended periods of sitting while working from home for the telecommunications giant.

  • July 30, 2014

    EEOC Can Use Wider Proof Model In Bass Pro Race Bias Suit

    A Texas federal judge ruled on Wednesday that the U.S. Equal Employment Opportunity Commission could support racial bias claims brought against Bass Pro Outdoor World LLC on behalf of minorities who were allegedly denied jobs by showing the company had engaged in a pattern of discriminatory practices.

  • July 30, 2014

    NY Grocers Dodged OT With Fake Records, Ex-Workers Say

    Five ex-employees of supermarket chain Foodtown filed a putative class action in New York federal court on Wednesday, alleging the company and its affiliates faked wage statements to avoid paying overtime to employees in five of its New York stores.

  • July 30, 2014

    Texas AG Asks State High Court To Block Whistleblower Suit

    The Texas attorney general’s office has asked the Texas Supreme Court to find that it’s immune from a whistleblower suit brought by a former child support division attorney who claims she was fired after refusing to sign a false affidavit against a family court judge.

  • July 30, 2014

    Weyerhaeuser Gets Post-$3.3B Merger Retirees Suit Trimmed

    A Delaware federal judge ruled Wednesday that Domtar Corp. is not liable for workers' compensation claims filed before 2011 by retirees of Weyerhaeuser Co., a company that sold its fine paper business to Domtar for $3.3 billion in 2007, ruling that such claims are barred by statute of limitations.

  • July 30, 2014

    Littler Adds Ex-Wilson Elser Employment Pro In Miami

    Littler Mendelson PC announced Tuesday that it has added an employment partner from Wilson Elser Moskowitz Edelman & Dicker LLP as a shareholder to strengthen its Miami office with her 20 years of experience.

  • July 30, 2014

    Schlumberger's Ex-GC Wants Fees, Sanctions In IP Spat

    Schlumberger Ltd. could be slapped with a $611,000 attorneys' fees bill plus additional sanctions if a Texas judge decides the oilfield giant’s suit accusing its former intellectual property general counsel of stealing trade secrets lacks merit, according to Tuesday court filings.

  • July 30, 2014

    Republicans Question Validity Of CFPB Actions Under Cordray

    Republican congressional leaders on Tuesday asked Consumer Financial Protection Bureau Director Richard Cordray for extensive documentation related to his tenure at the agency as a recess appointee, resurrecting the question of the validity of his actions during the period.

  • July 30, 2014

    Members Of Philly Ironworkers' Union Hit With More Charges

    A federal grand jury on Wednesday tacked on two extortion charges to members of a Philadelphia ironworkers’ union sometimes referred to as the “Shadow Gang” who were indicted in February for allegedly setting fires, assaulting workers and sabotaging property to strong-arm contractors into hiring union labor.

  • July 30, 2014

    Court Misused FLSA's Sales-Rep Exception, 6th Circ. Says

    The Sixth Circuit on Wednesday revived a collective action accusing KeHE Distributors LLC of stiffing employees on overtime pay, saying that a lower court was wrong to rule that an exception for outside salesman under the Fair Labor Standards Act applied.

  • July 30, 2014

    After Hobby Lobby, Business Revives Contraception Fight

    The Mennonite owners of a Pennsylvania furniture manufacturing company who unsuccessfully argued that the new federal mandate that they pay for contraceptive services violated their First Amendment rights asked a Pennsylvania federal court Wednesday to block the requirement, following the U.S. Supreme Court's Hobby Lobby decision.

Expert Analysis

  • Twists And Turns For Texas' Health Care Employers

    Robert D. Kilgore

    While Texas has a reputation for being an employer-friendly state, for health care employers it’s a mixed bag as physicians garner special treatment under state law regarding noncompete covenants, says Robert Kilgore of Fisher & Phillips LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • 1st Circ. Case Could Severely Impact Mass. Franchises

    Barry A. Guryan

    It has been argued that an expansive reading by a district judge of a stringent Massachusetts employment classification law in Awuah v. Coverall North America — now pending in the First Circuit — puts the state’s robust franchising business in jeopardy by, among other things, disincentivizing franchisees from supplying their financial capital into new and existing franchises, say Barry Guryan and Jeffrey Ruzal of Epstein Becker & Green PC.

  • Calif. Courts Concede To Class Waivers Post-Concepcion

    Lori Phillips

    Despite the employee-friendly nature of California courts and their occasional rendering of arbitration agreements as unenforceable, two recent Ninth Circuit rulings in Davis v. Nordstrom Inc. and Johnmohammadi v. Bloomingdale’s Inc. may make challenges to class-claim waivers a thing of the past, says Lori Phillips of Sherman & Howard LLC.

  • Canadian Immigration Overhaul Will Impact Food Services

    Audrey Anne Chouinard

    The Canadian government's recent sweeping reform of its Temporary Foreign Worker Program ends the moratorium on the food services sector, which is meant to strengthen the integrity of the TFWP as a last-resort measure to fill jobs in Canada, say Pierre-Etienne Morand and Audrey Anne Chouinard of Norton Rose Fulbright.

  • Defense Bar Risks Giving Bad Advice About Pregnant Workers

    Joan C. Williams

    A few weeks ago, for the first time in 30 years, the Equal Employment Opportunity Commission updated its guidance on pregnancy discrimination in response to a flood of pregnancy discrimination complaints. What followed was truly weird, says Joan Williams of the University of California, Hastings College of Law.

  • In Mach Mining Appeal, A Search For Conciliation Model

    Steve Pearlman

    The U.S. Supreme Court, in agreeing to hear Equal Employment Opportunity Commission v. Mach Mining, should consider the National Labor Relations Act's model for good-faith bargaining as the Seventh Circuit’s approach toward the case arguably invites a “take-it-or-leave-it” option that could lead to litigation based on legal theories in search of supporting facts, say Steve Pearlman and Amanda Wiley of Proskauer Rose LLP.

  • Immigration-Related Liability For Calif. Employers Rises

    Richard E. Bromley

    In light of the California Supreme Court's recent ruling in Salas v. Sierra Chemical Co., employers should not continue to employ workers after discovery of unauthorized status because doing so may expose them to further liability, say attorneys at Nixon Peabody LLP.

  • Peregrine Puts Hired-To-Invent Issues In Spotlight

    Michael Bunis

    Do you think your employees are hired to invent? A California federal judge's recent ruling in Peregrine Semiconductor Corp. v. RF Micro Devices Inc. serves as a reminder that oral agreements are insufficient and employees who perform general engineering, development or other activities will likely fall outside the scope of the hired-to-invent doctrine, say Michael Bunis and Vanessa Arslanian of Choate Hall & Stewart LLP.