Employment

  • July 23, 2014

    NLRB OKs Challenged Bargaining Unit Of Macy's Workers

    The National Labor Relations Board ruled Tuesday that a group of cosmetics and fragrance sales workers at a Macy's Inc. store in Massachusetts can organize, despite the retailer's argument that the group was too narrow and a dissent that panned the NLRB's controversial Specialty Healthcare ruling.

  • July 23, 2014

    Ex-Workers Get $2.7M In Casino WARN Class Action

    Laid-off Macon County Greyhound Park Inc. employees on Tuesday won $2.7 million in a class action against the entertainment complex operator over claims they were terminated without sufficient notice in violation of the federal Worker Adjustment and Retraining Notification Act.

  • July 23, 2014

    ITC Backs Union Fight For Duties On Chinese Tire Imports

    The U.S. International Trade Commission on Tuesday kept alive a bid from labor union United Steelworkers to slap duties on imports of Chinese tires that have allegedly been dumped on the U.S. market and unfairly subsidized, ruling that the tire shipments pose a threat to domestic producers.

  • July 22, 2014

    Apple Retail Workers Nab Class Cert. In Wage-And-Hour Suit

    A class of 20,000 retail and corporate employees of Apple Inc. won class certification Monday, in their long-running suit alleging the technology giant cheated them out of pay for skipped breaks and final paychecks, according to a brief order handed down by a California judge.

  • July 22, 2014

    President Signs Law Revamping Worker Training Programs

    While praising Congress for compromising on legislation, President Barack Obama on Tuesday signed an amended version of a job training act first enacted in the late 1990s, which seeks to streamline current workforce development programs.

  • July 22, 2014

    US Foods Accuses Ex-Managers Of Conspiring With Rival

    US Foods Inc. on Monday sued rival Latina Boulevard Foods LLC and former employees in Illinois federal court, alleging that Latina poached US Foods managers, who shared their former employer's trade secrets and conspired to snatch away its customers.

  • July 22, 2014

    No Deal In Stryker's Suit Over $3M Scheme, Judge Says

    A Michigan federal judge on Tuesday refused to enforce an alleged settlement between Stryker Corp., Biomet Inc. and a former Stryker employee the company's contract suit accused of costing Stryker $3 million by sabotaging its ability to compete, finding no proof that a deal had been reached.

  • July 22, 2014

    John Travolta Must Face Alleged Ex-Lover's Lawsuit

    John Travolta must face a lawsuit brought against him by a man who worked for Travolta’s aircraft company approximately 30 years ago and is insisting he isn’t barred by confidentiality agreements from discussing an alleged intimate relationship with Travolta, a California appeals court held on Tuesday.

  • July 22, 2014

    Ex-Faruqi & Faruqi Atty's Defamation Claims Stand

    Faruqi & Faruqi LLP will have to face former associate Alexandra Marchuk’s claims that it defamed her with a press release about counterclaims it filed against her in the sexual harassment lawsuit she lodged last year, a New York federal judge said Tuesday.

  • July 22, 2014

    Walgreen Says Rival Pharmacy Poached Ex-Employees

    Walgreen Co. on Monday sued competitor Pharmacy Solutions Inc. in Idaho federal court, accusing its rival of poaching managers who possess trade secrets from an Idaho business specializing in home infusion therapy that Walgreen had acquired only months before.

  • July 22, 2014

    Employer Must Prove Worker Is Illegal To Deny Benefits

    The Pennsylvania Supreme Court ruled Monday that an employer seeking to terminate workers' compensation benefits bears the burden of proving that the injured employee in question cannot obtain another job because he is in the U.S. illegally.

  • July 22, 2014

    OSHA Fines United For Unsafe Conditions At NJ Airport

    United Airlines Inc. was hit with over $100,000 in fines for alleged safety violations by the Occupational Safety and Health Administration, which cited the airline for a potentially unsafe work environment at New Jersey's Newark Liberty International Airport due to the risk of falls and falling objects, the agency said Tuesday.

  • July 22, 2014

    KPMG Beats Auditors' OT Claims In 2nd Circ.

    The Second Circuit ruled Tuesday that despite their entry-level positions, KPMG LLP audit associates have a level of specialized knowledge and professional discretion that makes them exempt from federal overtime requirements.

  • July 22, 2014

    Fla. Gay Marriage Ban Will Remain Intact During Appeal

    Gay couples hoping to wed in Florida following Thursday's ruling overturning a state ban on same-sex marriages must wait out the appeals process, the state judge who issued the ruling said on Monday, denying a motion to lift the automatic stay prompted by the state's appeal.

  • July 22, 2014

    US Joins Qui Tam Suit Claiming Symantec Cheated Gov't

    The United States intervened Tuesday in a whistleblower lawsuit accusing Symantec Corp. of lying about prices and concealing discounts to drive up the cost of software sold to the government under a $222 million contract.

  • July 22, 2014

    9th Circ. Snubs $200M Planned Parenthood FCA Suit

    The Ninth Circuit on Tuesday affirmed the dismissal of a former California Planned Parenthood executive's False Claims Act suit alleging the nonprofit overbilled state and federal governments for more than $200 million for birth control, saying the complaint was flawed and the action was time-barred.

  • July 22, 2014

    Shareholders Fight Hemispherx's Fee-Shifting In Del. Chancery

    Attorneys for shareholders derivatively suing Hemispherx Biopharma Inc. over bonuses paid to the company’s board members asked a Delaware Chancery judge on Monday to invalidate the company’s newly enacted fee-shifting bylaw or remove them as counsel from the suit.

  • July 22, 2014

    Guards Accuse SEIU Of Forcing Nonmembers To Pay Full Dues

    A San Francisco chapter of the Service Employees International Union is facing unfair labor practice allegations by a group of nonunion security guards who say they were improperly forced to pay for union activity, an organization representing the workers said.

  • July 22, 2014

    NFL Retirees Ask 3rd Circ. To Review Concussion Deal

    Seven former NFL players including Pittsburgh Steelers star Alan Faneca told the Third Circuit on Monday that a Pennsylvania federal judge should not have granted preliminary approval to the controversial concussion settlement they claim excludes the ailments of several players in the proposed class. 

  • July 22, 2014

    Benjamin Moore Smears Suit That Paints Co. As Racist

    Benjamin Moore & Co. on Monday fired back in New Jersey state court at a former manager’s claims that the company named racially insulting paint colors after him, accusing the former employee of filing the discrimination suit maliciously in a bid to extort money.

Expert Analysis

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to use their inherent informational advantage to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • Costs And Benefits Of Opting Out Of Texas' Workers' Comp

    Janet A. Hendrick

    Because Texas' workers' compensation is a "no fault" program, employees of subscribers are rarely allowed to sue their employer for damages in connection with work-related injuries, however employees of nonsubscribing employees may bring negligence and related claims as a result of on-the-job injuries, says Janet Hendrick of Fisher & Phillips LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • Immigration Reform Must Help Spouses Of H-1B Visa Holders

    Karen-Lee Pollak

    It is not practical to expect H-1B visa holder spouses, who are often highly educated and have careers themselves, not to work for as long as a decade, says Karen-Lee Pollak of Bell Nunnally & Martin LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • European Court Deals Body Blow To UK Trade Unions

    Douglas Darch

    National Union of Rail, Maritime And Transport Workers v. The United Kingdom was a big setback to the U.K.'s trade unions, particularly with the growth in outsourcing of public services to the private sector, say Douglas Darch and John Evason of Baker & McKenzie LLP.

  • BDO Seidman Continues To Rule NY Restrictive Covenants

    Richard I. Janvey

    When drafting restrictive covenants in New York, employers and their counsel need to keep in mind the seminal appellate case BDO Seidman v. Hirshberg, which lays out what constitutes a reasonable covenant while setting the terms for what will be judicially enforced in the state, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.