Employment RSS

  • April 23, 2014

    Calif. Appeals Court Urged To Send BevMo Suit To Arbitration

    Beverages & More Inc. on Wednesday urged a California appeals court to send a potential wage-and-hour class action suit to arbitration, saying a lower court had erred in ruling that an arbitration clause in the plaintiff's employment agreement with the liquor retailer was too ambiguous to enforce.

  • April 23, 2014

    Stryker Can't Dodge Howmedica Worker Reimbursement Suit

    A California federal judge on Tuesday refused to toss a putative class action accusing Stryker Corp. of failing to reimburse workers' business expenses, rejecting the medical technology giant's argument that it isn't liable because the workers were instead employed by subsidiary Howmedica Osteonics Corp.

  • April 23, 2014

    Port Authority OKs Minimum Wage Boost For Airport Workers

    The governing board of the Port Authority of New York and New Jersey on Wednesday adopted a minimum wage policy that would start with a boost in pay for contract workers at three of the bistate agency's airports.

  • April 23, 2014

    NCAA Athletes Launch Bias Suit Over Lost Scholarships

    The National Collegiate Athletic Association was hit with a putative class action in New Jersey federal court Tuesday by female athletes who say they were promised Dorsey scholarships but then had them pulled after their school was hit with violations of NCAA rules that disproportionately affect female students.  

  • April 23, 2014

    Fla. Lawmakers Push MLB To Ease Rules For Cuban Players

    Spurred by the recently reported dangers Los Angeles Dodgers outfielder Yasiel Puig faced being smuggled out of Cuba, two Florida lawmakers on Wednesday launched a bid to push Major League Baseball to change its rules regarding Cuban players by attaching the issue to a stadium financing bill.

  • April 23, 2014

    Pipe Fittings Co. Fired Marine Vet Over PTSD, Says EEOC

    The U.S. Equal Employment Opportunity Commission slapped a pipe fittings maker with an Americans with Disabilities Act suit in Pennsylvania federal court on Tuesday, claiming Ezeflow USA Inc. fired a Marine Corps veteran with post-traumatic stress disorder instead of giving him unpaid time off.

  • April 23, 2014

    Global And Domestic Hurdles May Rattle Auto Parts Sector

    Auto parts maker bankruptcies have largely dwindled since the 2009 industry crisis, but experts say that growing global competition and long-standing pension obligations could lead to a shake-up in the parts manufacturing sector.

  • April 23, 2014

    Hartford Says It Needn't Cover Karlin Fleisher In Wages Suit

    Hartford Casualty Insurance Co. on Tuesday filed a suit in Illinois federal court claiming it doesn’t owe coverage to Chicago personal-injury law firm Karlin Fleisher & Falkenberg LLC in a $1 million employment compensation case.

  • April 23, 2014

    Challenge To $15M Wells Fargo OT Settlement Still Alive

    Plaintiffs challenging the reach of a $15 million agreement to settle overtime wage class action claims against Wells Fargo & Co. Inc. will get the chance to brief the court fully on their objections as a Texas federal judge on Tuesday decided that a quick denial of their motion was inappropriate.

  • April 23, 2014

    Whole Foods Deliverer Taken To Task For Worker Rules

    Though Lily Transportation Inc. had revised challenged employee-handbook rules covering confidential information, worker Internet posts and the dress code for Lily drivers, the logistics carrier didn't do enough to repudiate those unlawful provisions, a National Labor Relations Board judge said Tuesday. 

  • April 23, 2014

    Souper Salad Settles FLSA Suit With Tipped Workers

    The parent company of all-you-can-eat chain Souper Salad has settled a lawsuit brought by a putative class of tipped workers at its 45 locations alleging they were not properly compensated for nontipped duties they were required to perform, according to documents filed Tuesday in Texas federal court

  • April 23, 2014

    Amedisys To Pay $150M To Settle DOJ Medicare Billing Suits

    Health care company Amedisys Inc. on Wednesday has agreed to pay $150 million to settle seven whistleblower False Claims Act suits accusing some of Amedisys’ offices of billing Medicare for ineligible patients and services, as nurses and therapists allegedly bent to management pressure to increase payments. 

  • April 23, 2014

    UC Regents Ink $10M Settlement With Whistleblowing Surgeon

    The Regents of the University of California on Tuesday agreed to pay $10 million to settle a lawsuit brought by an orthopedic surgeon at the UC Los Angeles health system who accused the school of retaliating against him for reporting physicians’ misconduct and conflicts.

  • April 23, 2014

    Halliburton Sues Ex-Chief Scientist For Stealing Trade Secrets

    Halliburton Energy Services Inc. launched a suit in Texas state court on Monday against a former chief scientist the company claims has breached an intellectual property agreement by taking company trade secrets with him to go work for a competitor.

  • April 23, 2014

    NLRB Judge Bags Kroger's Overly Broad Online Policy

    A National Labor Relations Board judge said Tuesday that an online communications policy maintained by The Kroger Co. of Michigan was unlawfully broad, and that the grocery store operator should revise or rescind prohibitions on the unauthorized use of Kroger's intellectual property and on “inappropriate” online conduct.

  • April 23, 2014

    Rising Star: Orrick Herrington & Sutcliffe's Michael Weil

    Orrick Herrington & Sutcliffe LLP partner Michael Weil helped CVS Pharmacy Inc. block the certifications of two large employee class actions accusing the retailer of depriving workers of seating and adequate pay, earning him a spot on Law360's list of top employment attorneys under 40.

  • April 23, 2014

    Aveda, Estee Lauder Hit With Beauty School Wage Suit

    A former beauty school student slapped Estee Lauder Inc. and Aveda Corp. with a collective action suit in California court on Tuesday, accusing the companies of treating trainees as unpaid employees, in violation of state and federal labor law.

  • April 23, 2014

    Union Sues Breentag Over Workers' Chemical Exposure

    A Pennsylvania chapter of the United Steelworkers launched a suit in state court Tuesday against Breentag Northeast Inc. seeking medical monitoring for hundreds of its members after workers allegedly exposed to the company's chemicals developed debilitating illnesses including bladder cancer and degenerative brain disease.

  • April 23, 2014

    Whistleblower Looks To DQ Firm From Medicare Fraud Suit

    The relator behind a lawsuit accusing a Pacific Health Corp.-owned hospital of Medicare and Medicaid fraud in violation of the False Claims Act on Tuesday requested that a California federal judge remove one of the facility's lawyers from the case because he had represented her in a previous lawsuit.

  • April 22, 2014

    CVS Decries Novartis Kickback Suit As 'Implausible'

    CVS Caremark Corp. asked a New York federal judge on Monday to toss a False Claims Act whistleblower suit alleging CVS accepted kickbacks from Novartis Pharmaceutical Corp. to push leukemia drugs Gleevec and Tasigna and cystic fibrosis drug TOBI, calling the claims "fundamentally implausible."

Expert Analysis

  • Gender Pay Gap: A Problem For Contractors And Feds

    Alan G. King

    Data compiled on federal employee compensation reveals statistically significant differences based on gender in the U.S. Departments of Justice and Labor, the two agencies expected to be most vigilant in rooting out discrimination. Thus, before the DOL considers adopting a reporting standard for federal contractors' compensation practices, it should consider how the government would fare under alternatives, say Stephen Bronas of Welch Consulting Inc. and Allan King of Littler Mendelson PC.

  • Don't Forget Export Rules When Hiring Foreign Nationals

    James Losey

    The U.S. Bureau of Industry and Security's recent $115,000 settlement with Intevac Inc. for violations of the Export Administration Regulations, including allowing certain non-U.S. national employees access to controlled technology, emphasizes the need to assess potential export control requirements when applying for a work visa on behalf of a foreign national employee, say James Losey and Sarah Flannery of Thompson & Hine LLP.

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • The 3rd Circ. Stance On FLSA Liability For Successor Cos.

    Patrick J. McCarthy

    The Third Circuit recently ruled in Thompson v. Real Estate Mortgage Network that a successor company can be held liable for remedying Fair Labor Standards Act violations committed by a predecessor company. In light of this highly visible and expanding precedent, case law is clear that liability may apply even when successor employers are bona fide purchasers and specifically disclaim in agreements any liability for legal claims against the predecessor, say Patrick McCarthy and Kevin Skelly of Day Pitney LLP.

  • NCAA Player Antitrust Class Action Advances To Final Round

    Bruce Sokler

    Nearly five years into the lawsuit, a California federal court recently denied the NCAA's summary judgment motion and ordered that the student-athletes' antitrust claims proceed to trial in June. The decision is noteworthy in its fact-intensive assessment of the NCAA’s procompetitive justifications, its repeated reliance on the least restrictive means test and its demands that the specific restraint be closely tied to the purported procompetitive justifications, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Eyes On The Road: Trucking Perspective For 2014

    Michele H. Gehrke

    Trucking employers should note two developments that could impact their operations and employee relations in the coming year — the U.S. Department of Transportation proposal for a national drug and alcohol clearinghouse, and two pending cases in the Ninth Circuit pitting California wage and hour laws against the Federal Aviation Administration Authorization Act, says Michele Haydel Gehrke of Seyfarth Shaw LLP.

  • Paycheck Fairness Act Would Have Drastic Consequences

    Paul H. Kehoe

    Should the Paycheck Fairness Act ever pass the Senate, employers would face a drastically changed landscape regarding both compensation decisions and litigation. The included measures would provide the plaintiffs bar with more bargaining power in pay discrimination claims, regardless of the merits or the employees' interest in participation, says Paul Kehoe of Seyfarth Shaw LLP.

  • EEOC Investigations Bear Growing Court Scrutiny

    Basil C. Sitaras

    Following a pattern of decisions over the past year, the U.S. Equal Employment Opportunity Commission recently suffered another significant defeat due to its investigation process. Given the implications of the EEOC's defeat against Sterling Jewelers Inc., we anticipate the commission will appeal on matters concerning its conciliation efforts with employers, and, because of a clear circuit split, the U.S. Supreme Court may be the final arbiter on this issue, says Basil Sitaras of Day Pitney LLP.

  • The State Of Arbitration Enforcement In Calif.

    Neil R. Bardack

    Even with the judicial impact of several U.S. Supreme Court opinions, beginning with AT&T Mobility v. Concepcion, the predicament for the practitioner and client is that any provision that seeks to enforce arbitration of labor and consumer remedy statutes, or that makes the cost of arbitration too one-sided, runs a significant risk of not being enforced in a California state court, say Neil Bardack and Shannon Nessier of Hanson Bridgett LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.