Employment RSS

  • April 15, 2014

    Faruqi Rips Defamation Claims In Sex Harassment Suit

    Faruqi & Faruqi LLP asked a New York federal judge on Tuesday to shut down former associate Alexandra Marchuk’s defamation claim in her sexual harassment lawsuit against the firm, saying her claim was legally deficient.

  • April 15, 2014

    Leave Steve Jobs Out Of It, Apple Tells Judge In Poaching Suit

    Apple Inc. and three other tech giants asked a California federal judge to exclude statements concerning Steve Jobs’ character from an upcoming class action trial over whether the companies agreed to suppress wages and not to poach each others’ employees, arguing that the statements are hearsay.

  • April 15, 2014

    Rulings Sharpen Debate On Mandatory Disclosure Rule

    Two recent court rulings have added new liability traps for government contractors that self-report evidence of fraud or overpayments, intensifying contractors' calls for more clarity and liability protection in the five-year-old mandatory disclosure regulations.

  • April 15, 2014

    Health Co. Workers Seek Approval Of $1M OT Class Deal

    Plaintiffs in a class action accusing Compass Health Inc. of underpaying workers for overtime have asked a California federal judge to grant final approval of a $1.1 million settlement, saying no putative class members objected to the deal, according to a Monday filing.

  • April 15, 2014

    Daiichi Can't Delay Class Cert. Ruling In $100M Sex Bias Suit

    A California federal judge on Friday dismantled Japanese pharmaceutical company Daiichi Sankyo Inc.’s bid to force plaintiffs in a $100 million gender bias suit to record more employee interviews before the class is conditionally certified.

  • April 15, 2014

    The Great Persuader: 7th Circ. Chief Judge Diane Wood

    Seventh Circuit Chief Judge Diane Wood talks to Law360 about managing a court in crisis, surviving two U.S. Supreme Court near-misses, and tailoring crafty dissenting opinions that can change the mind of even the staunchest of ideological opponents.

  • April 15, 2014

    Cracker Barrel Hit With OT Suit By Associate Managers

    Restaurant chain Cracker Barrel Old Country Store Inc. was hit Tuesday with a proposed class action in New York federal court by an employee who alleged the Tennessee-based company violated federal and state labor laws when it failed to pay its associate managers overtime compensation.

  • April 15, 2014

    Rohm & Haas Must Face Title VII Retaliation Claim In Pa.

    Rohm & Haas must face Title VII allegations that it retaliated against a former employee who started a competing research company, but it is not liable for claims that it breached a settlement agreement reached when she first left the company, a Pennsylvania federal judge ruled Monday.

  • April 15, 2014

    Cigna Again Dodges Class Cert. In NJ ERISA Suit

    Health insurer Cigna Corp. notched a second victory in a New Jersey federal court on Monday when a judge again denied class certification in a suit alleging the insurance company used manipulated data to reduce employer-sponsored health benefits. 

  • April 15, 2014

    Ohio Appeals Court Nixes Abercrombie Retaliation Suit

    An Ohio state appeals court refused to revive a retaliation suit brought against Abercrombie & Fitch Co. by the former project manager of its construction department on Tuesday, ruling that the employee was not fired for reporting a superior’s inappropriate behavior but for trying to bill the company for personal trips.

  • April 15, 2014

    Prime Healthcare Hit With Unpaid Wages Action In Calif.

    Prime Healthcare Centinela LLC was hit with a proposed class action in California court Monday by an employee alleging the hospital operator failed to pay overtime and provide meal and rest breaks to 400 employees at its 12 California hospitals in accordance with state employment law. 

  • April 15, 2014

    Former Execs Of Defunct Antioch Lose Bonus Protection Bid

    An Ohio federal judge on Monday refused to block an attempted clawback of bonuses earned by three former executives of bankrupt Antioch Co., finding there to be a disputed issue of fact as to whether the company was insolvent when the bonuses were awarded.

  • April 15, 2014

    Detroit Deal Will Cut Pension Hikes For Ex-Cops, Firefighters

    The city of Detroit has reached an agreement with the organized labor group representing its retired police and firefighters that will trim annual cost-of-living increases to the retirees but spare their current pensions from any cuts, a mediator said Tuesday.

  • April 15, 2014

    Judge Rejects $10.5M Countrywide OT Deal

    A California federal judge on Monday ruled that an agreement worth up to $10.5 million to settle an overtime class action against Bank of America Corp.'s Countrywide Financial Corp. contains unreasonable incentive payments to the lead plaintiffs and also improperly excludes certain class members.

  • April 14, 2014

    Employment Suits Still Bossing GCs Around

    Labor and employment litigation plagued corporate counsel to a degree unmatched by any other type of legal action last year, according to a litigation trends survey released Tuesday.

  • April 14, 2014

    Claims Trimmed In NY Taxi Driver Wage Class Action

    A New York federal judge on Monday trimmed overtime and state minimum wage claims from a putative employment class action against Plandome Taxi Inc., citing state and federal laws that exclude taxicab drivers from some labor protections.

  • April 14, 2014

    Walgreen Can't Crush ADA Suit Over Diabetic's Snacking

    A California federal judge refused Friday to throw out a U.S. Equal Employment Opportunity Commission lawsuit against Walgreen Co., saying Walgreen may have violated the Americans with Disabilities Act when it fired a diabetic employee for eating an unbought bag of potato chips to stabilize her blood sugar.

  • April 14, 2014

    Texas Monthly Sues New York Times For Poaching Top Editor

    The publisher of Texas Monthly magazine launched a suit in Texas state court Friday alleging the New York Times Co. induced its former editor to breach his employment agreement while recruiting him to helm the New York Times Magazine.

  • April 14, 2014

    American DG Says Whistleblower Laws Don't Shield Worker

    American DG Energy Inc. on Monday urged a New Jersey federal judge to rule a former worker was an independent contractor, not an employee, and therefore lacks standing to claim he was improperly fired for calling attention to the alleged double-billing of customers.

  • April 14, 2014

    Law Firms Feud Over Atty Fees From Coventry ERISA Action

    Johnson & Weaver LLP accused law firms Harwood Feffer LLP and Gainey McKenna & Egleston in New York court on Thursday of breaching a fee-splitting agreement in a consolidated class action against Coventry Health Care Inc. over its retirement fund investments.

Expert Analysis

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Ill. High Court Holds The Line On Employee Classification

    Michael G. Congiu

    The Illinois Supreme Court recently rejected a constitutional challenge to the Illinois Employee Classification Act from a roofing contractor on the grounds that the law violates procedural due process rights and is impermissibly vague. The court's move confirms the ECA's continued vitality, but it does not resolve other issues sure to arise in future litigation, including whether an employee is "performing services" under the law, say Michael Congiu and Amy Rettberg of Littler Mendelson PC.

  • Reading Between The Whistleblower Headlines

    Shanti Atkins

    The meteoric media rise of the “celebrity” whistleblower has shone a spotlight on the practice, with personalities such as Chelsea Manning and Edward Snowden dividing public opinion on the ethics of spilling secrets. But organizations should pay close attention to the surge in this trend beyond the headlines. Remember, whistleblowers don’t need to be popular to be effective, and opinions on their motives and morality are entirely secondary to the critical issues they potentially uncover, says Shanti Atkins of Navex Global.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Lawful Firings In NY May Hinge On 'Interactive Process'

    Courtney Stieber

    William Jacobsen v. New York City Health and Hospitals Corp. makes clear that, in order to escape trial and prevail on summary judgment, an employer generally must present evidence that it engaged in the "interactive process" regarding employee-requested accommodations. The decision solidifies a line of recent appellate decisions on an employer’s obligations toward disabled employees, say Robert Whitman and Courtney Stieber of Seyfarth Shaw LLP.

  • DC Court Applies Common-Sense Limits To Davis-Bacon Act

    Eric Leonard

    A D.C. federal court recently rejected the U.S. Department of Labor's novel application of the Davis-Bacon Act to a privately funded construction project. The ruling sets an important limitation as government agencies become increasingly creative in putting surplus real estate to use and private companies similarly look for more creative infill development opportunities, say Eric Leonard and Craig Smith of Wiley Rein LLP

  • Will Dodd-Frank’s Diversity Mandates Go Far Enough?

    Doreen E. Lilienfeld

    Section 342 of the Dodd-Frank Act and recent diversity standards proposed by regulated agencies may impact employment and recruiting practices, but it is unclear whether they will actually lead to greater diversity and inclusion at financial services institutions. To begin with, there is no enforcement mechanism under Section 342, and the proposed standards do not mandate reporting, disclosure or other specific actions, say Doreen Lilienfeld and Amy Gitlitz Bennett of Shearman & Sterling LLP.

  • Recent Trend To Expand ERISA Liability Grows

    Neal S. Schelberg

    In a distinct trend, federal courts have found that, depending on the text of the underlying plan documents, unpaid employer contributions due under a collective bargaining agreement may be viewed as plan assets, such that the representatives of an employer who exercise fiduciary control over those plan assets can be held individually liable for the unpaid amounts — together with interest and penalties — under the Employee Retirement Income Security Act, say Neal Schelberg and Aaron Feuer of Proskauer Rose LLP.

  • Keep Your Audience From Checking Email: 5 Legal Talk Tips

    Michael H. Rubin

    Why do the majority of speakers get polite claps at the end of their talks while a few select others receive rousing applause? Having given more than 375 presentations to legal groups, bar associations, Fortune 500 companies and corporate gatherings, I’ve learned a few things about what not to do. Remember, great speakers don’t tell “war stories.” They don’t even give examples from their own practice, says Michael Rubin of McGlinchey Stafford PLLC.

  • More Lift For Airlines Defending State Law Tort Claims

    William V. O’Connor

    The recent Ninth Circuit ruling in Ventress v. Japan Airlines correctly affirms years of preemption jurisprudence holding that state law claims that intrude upon the federally regulated area of aviation safety will be preempted. This well-reasoned approach furthers Congress’ goal of creating a uniform system of aviation safety, and provides airlines with another tool in their kit to combat state law claims, employment or otherwise, say attorneys with Morrison & Foerster LLP.