Employment

  • August 22, 2014

    Lowe's Strikes $9.5M Deal In HR Managers' OT Class Action

    Lowe’s Home Centers Inc. on Friday agreed to pay $9.5 million to end human resources managers’ class action allegations that they were not actually managers and that Lowe’s misclassified them as exempt from overtime pay requirements, according to documents filed in Florida federal court. 

  • August 22, 2014

    TD Bank Shells Out $10M For Overtime Class Action

    TD Bank NA has agreed to pay $9.9 million to settle a class and collective action alleging that the bank has failed to pay assistant store managers overtime wages, according to court documents filed Friday in New York federal court.

  • August 22, 2014

    PE Firm Urges End To AIG Aircraft Unit Trade Secret Suit

    Private equity firm Leonard Green & Partners LP urged a California judge on Friday to dismiss American International Group Inc.'s allegations that it encouraged the former CEO of AIG's aircraft leasing subsidiary to steal trade secrets when he left to start a rival company backed by Leonard Green.

  • August 22, 2014

    2nd Circ. Ruling No Call For Reviving SOX Suit, JPMorgan Says

    Nothing in a recent Second Circuit decision affirming the dismissal of a Sarbanes-Oxley Act whistleblower suit against AECOM Technology Corp. supports reviving a SOX case from a former JPMorgan Chase & Co. worker allegedly axed for flagging potential fraud, JPMorgan told the appeals court Friday.  

  • August 22, 2014

    Texas Justices Say Would-Be Whistleblower Doesn't Qualify

    The Texas Supreme Court on Friday dismissed a long-pending whistleblower case filed against the Texas Department of Human Services by an employee who claimed he was terminated after reporting his supervisor’s alleged falsification of benefits records, saying he didn’t file his report with the appropriate enforcement authority.

  • August 22, 2014

    6th Circ. Says FedEx Didn't Properly Explain FMLA To Worker

    The Sixth Circuit on Friday upheld a ruling that FedEx Corp. did not properly explain to a former employee the consequences of not submitting medical certification forms to extend her Family Medical Leave Act period and then terminating her for unexcused absences after she didn't submit them.

  • August 22, 2014

    IBM Health IT Workers’ OT Cert. Bid Hindered By Bad Survey

    A California federal judge on Friday tentatively denied International Business Machines Corp.’s bid to throw out allegations it illegally refused overtime pay to a putative class of employees servicing Kaiser Permanente’s health information systems, but said a seriously flawed class survey may doom their bid for certification.

  • August 22, 2014

    3 Years In, SEC Whistleblower Office Earns Name For Itself

    Just three years after opening for business, the U.S. Securities and Exchange Commission's Office of the Whistleblower has started to earn a name for itself by defending its program in court, making headlines with big awards and dramatically increasing its visibility through an all-hands-on-deck publicity campaign.

  • August 22, 2014

    AMD Pays $5.2M To Settle Sabbatical-Pay Class Action

    A California judge granted final approval Friday to a $5.4 million deal between Advanced Micro Devices Inc. and a class of employees who said AMD violated state labor code by failing to pay them for sabbaticals they had earned but not yet used when they left their jobs.

  • August 22, 2014

    Sutherland To Pay $176K For 'Litigation By Attrition' Plan

    Sutherland Asbill & Brennan LLP on Tuesday was ordered to pay approximately $176,000 in fees by a Georgia state court judge who said the firm's client CDC Software Corp. tried to “litigate to death” its former legal chief who accused the company of breaking an employment contract. 

  • August 22, 2014

    Texas High Court To Weigh Shell FCPA Defamation Suit

    The Texas Supreme Court on Friday agreed to hear Shell Oil Co.’s argument it shouldn’t have to face defamation charges from a former employee the company reported to federal authorities as potentially responsible for a Foreign Corrupt Practices Act violation at a Nigerian oil and gas project.

  • August 22, 2014

    Wal-Mart Puts Dukes Follow-On Sex Bias Action To Rest

    A Wisconsin federal judge on Friday sounded a death knell in one of the regional sex bias suits filed against Wal-Mart Stores Inc. after the U.S. Supreme Court's landmark Dukes decision, finding against a handful of employees who continued to pursue individual claims.

  • August 22, 2014

    'Dating Naked' Contestant Says Viacom Showed Too Much

    A contestant on the VH1 reality show “Dating Naked” has hit Viacom International Inc. with a $10 million breach of contract suit, claiming the show broadcast her uncensored pubic area despite repeated promises to blur out her genitals. 

  • August 22, 2014

    Solicitor Wants High Court Review In Edison ERISA Suit

    The Ninth Circuit erred when it said Employee Retirement Income Security Act claims against Edison International over allegedly imprudent 401(k) plan investments selected more than six years before workers filed suit were time-barred, the U.S. Solicitor General told the Supreme Court on Tuesday. 

  • August 22, 2014

    Fla. Aircraft Systems Maker Says Worker Stole Trade Secrets

    Aircraft interior fixtures and systems firm B/E Aerospace Inc. sued a former employee in Florida state court Tuesday for allegedly stealing trade secrets and taking them to a competitor.

  • August 22, 2014

    Liberty Med Creditors Want Execs' FCA-Defense Claims Nixed

    The official unsecured creditors committee in Liberty Medical Supply Inc.'s Chapter 11 bankruptcy objected Thursday to indemnification claims made by two executives of parent ATLS Acquisition LLC who were defendants in a now-tossed $69 million False Claims Act lawsuit against Liberty and its related entities. 

  • August 22, 2014

    Pa. Firm Can't Reargue Disgraced Ex-Atty's Arbitration Award

    The Pennsylvania Superior Court has denied Bochetto & Lentz PC’s request for reargument following its decision not to vacate a $124,000 arbitration award over referral fees issued to a former associate who was dismissed for stealing money from clients, the firm and third parties.

  • August 22, 2014

    ADP Faces Class Action Over Payroll Debit Card Fees

    Payroll processing giant Automatic Data Processing Inc. was slapped with a putative class action in Pennsylvania federal court Friday alleging that it deducted illegal fees from debit cards issued to its clients' employees in lieu of paychecks.

  • August 22, 2014

    AT&T To Pay $5M To End Wage-And-Hour Class Action

    AT&T Mobility LLC has agreed to pay $5 million to resolve a putative class action brought by employees at the company's retail stores who alleged they were shortchanged on overtime and other wages, according to a filing Thursday in California federal court.

  • August 22, 2014

    6th Circ. Axes Ex-Michelin Worker's Early Retirement Row

    The Sixth Circuit on Thursday affirmed the dismissal of a putative class action alleging Michelin Retirement Plan improperly applied early-retirement deductions to a former employee’s benefit when he opted to start receiving it immediately upon retirement and before the age of 65, saying the deduction wasn’t arbitrary or capricious.

Expert Analysis

  • Lessons On Corporate Values From Hobby Lobby

    John P. Vail

    Reports of the demise of corporate social responsibility may be greatly exaggerated. Those considering the U.S. Supreme Court ruling in the Hobby Lobby case would be wise to focus on the decision makers, not just the decision itself, says John Vail of Quarles & Brady LLP.

  • Contention Over EEOC Conciliation Continues

    Gerald L. Maatman

    U.S. Equal Employment Opportunity Commission v. New Prime Inc. demonstrates that the U.S. Supreme Court's eventual ruling in Mach Mining will be a game changer for employers since the EEOC's current position basically claims that courts should simply take the commission's word when its claimed to have negotiated in good faith, say Gerald Maatman Jr. and Howard Wexler of Seyfarth Shaw LLP.

  • 4th Circ. RJR Pension Case Could Change ERISA Landscape

    Myron D. Rumeld

    If the Fourth Circuit's reasoning in Tatum v. RJR Pension Investment Committee is adopted elsewhere the case could substantially impact the future conduct of fiduciary breach litigation as well as plan practices in administering stock funds, say Myron Rumeld and Russell Hirschhorn of Proskauer Rose LLP.

  • Big Data's Potential Disparate Impact Problem

    David J. Walton

    While big data can help eliminate individual biases in an employer's hiring process, the potential for disparate impact litigation arising from data analytics is real and imminent — even a program that is neutral on its face could result in disparate impact on protected classes, says David Walton of Cozen O'Connor PC.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • Inside 2nd Circ. Ruling On Overseas Whistleblower

    Mary Beth Hogan

    For companies with global operations, the Second Circuit's recent decision in Liu v. Siemens AG should provide at least some level of comfort that allegations by foreign employees regarding conduct exclusively outside the United States are outside the reach of Dodd-Frank’s anti-retaliation provision, say attorneys with Debevoise & Plimpton LLP.

  • NY Court Cuts Back On Runner Doctrine

    David M. Cost

    While New York plaintiff attorneys will likely continue to fit cases where a plaintiff does not fall or no object falls on him under Labor Law Section 240(1), Diaz v. Globalfoundries U.S. Inc. may serve as a basis to move for summary judgment in the event the evidence shows that an object neither fell nor was on a descent when injury occurred, says David Cost of Hiscock & Barclay LLP.

  • 6th Circ. Reminds Employers Of Collective Action Danger

    Chuck Mataya

    The Sixth Circuit's ruling in Killion v. KeHe Distributors should remind employers that they accept a risk — which is compounded by the threat of a collective action — whenever they treat an employee as exempt under the Fair Labor Standards Act, says Chuck Mataya of Bradley Arant Boult Cummings LLP.

  • Free And Clear Of Successor Liability Claims

    Christopher Hopkins

    The Delaware bankruptcy court’s holding in the case of Ormet Corp. that the express provisions of Section 363(f) are not trumped by the policy considerations embodied in the Employee Retirement Income Security Act and the Multiemployer Pension Plan Amendments Act should give comfort to debtors and purchasers of assets in a free-and-clear sale, says Christopher Hopkins of Weil Gotshal & Manges LLP.

  • 8th Circ. Provides Guidance On FCA Public Disclosure Bar

    Joe Dosch

    The Eighth Circuit recently affirmed the dismissal of a qui tam False Claims Act suit in Paulos v. Stryker Corp. and in doing so offered helpful guidance regarding the proper application of the public disclosure bar, while highlighting an open issue regarding public disclosure, say Scott Stein and Joe Dosch of Sidley Austin LLP.