Employment

  • August 1, 2014

    Reinsurer Taking Beef Over Arbitration Umpire To 2nd Circ.

    Odyssey Reinsurance Co. said Wednesday it will urge the Second Circuit to reconsider a lower court’s decision to not intervene and select an arbitration umpire to oversee a dispute with its insurers Lloyd’s of London and ReliaStar Life Insurance Co. over workers' compensation billings.

  • August 1, 2014

    Bankrupt Atlantic Express Can't Duck Severance Claims

    A New York bankruptcy judge on Thursday rebuffed a bid by school bus and charter bus operator Atlantic Express Transportation Corp. to get rid of former employees’ claims for severance pay, saying it’s unclear whether such compensation was promised to certain workers.

  • August 1, 2014

    Workers Warn Calif. High Court On Seating Class Actions

    Former workers behind seating suits against CVS Pharmacy Inc. and JPMorgan Chase Bank NA told the California Supreme Court on Thursday that the companies are pushing for courts to take an approach to the state's suitable seating requirements that would preclude class actions.

  • August 1, 2014

    German Steel CEO Ordered To NJ Depo In Ex-Prez's Suit

    The CEO of major German steel company Stahlwerk Annahutte Max Aicher GmbH & Co. KG must submit to deposition in New Jersey as part of their legal battle with a former president of Stahlwerk unit SAS Stressteel Inc., a state judge ordered Friday.

  • August 1, 2014

    Vague Bullying Laws Would Invite Baseless Suits, Attys Say

    The recent veto of a New Hampshire bill meant to address bullying in the workplace — a proposal the state's governor described as “well-intentioned” but ultimately “unworkable” — resonates with many employers' concerns that ill-defined workplace bullying laws would invite a wave of meritless employment lawsuits, attorneys say.

  • August 1, 2014

    Legal Firm Settles Trade Secrets Suit Against Founder

    A Miami-based legal services firm that claimed its founder violated noncompete clauses in purchase and consulting agreements by misappropriating confidential company information has notified a Florida state court that the suit has been settled in an undisclosed deal.

  • August 1, 2014

    Pa. Court Won't Ban Ex-Med Co. CEO From Scooping Clients

    A Pennsylvania appellate court refused Friday to reverse an order that medical transcription company Diskriter Inc. couldn’t force its ex-CEO to leave his new position at a competitor and prevent him from soliciting Diskriter's clients, saying the suit is based on a noncompete clause in a now-invalid contract.

  • August 1, 2014

    Christie Forms Commission To Study Pension Sustainability

    New Jersey Gov. Chris Christie on Friday formed a bipartisan commission to develop plans to fix the state’s public-employee pension and health benefits systems, an issue that has sparked controversy and outcry from state Democrats.

  • August 1, 2014

    Detroit Ch. 9 Appeals Put On Hold As Workers Cut Deals

    Two days after saying that delaying its decision on Detroit’s eligibility for Chapter 9 protection was "not an option," the Sixth Circuit relented Friday and agreed to halt pensioners' appeals in favor of the upcoming trial on the city’s contentious bankruptcy exit plan.

  • August 1, 2014

    DC Circ. Backs Cert. In Black Agents' Discrimination Suit

    A D.C. Circuit panel on Friday sunk the U.S. government's appeal of a decision certifying a class of African-American special agents who accused the U.S. Secret Service of systematically denying black agents promotions, ruling that the class claims were sufficiently similar.

  • August 1, 2014

    Ex-DOD Official Misused Position To Make Hires, IG Says

    The U.S. Department of Defense's inspector general on Friday released a report that found a former department official misused his position to arrange the hiring of people he knew.

  • August 1, 2014

    Retaliation Claims Revived In BAE Bid Rigging Suit

    A Michigan federal judge on Friday reopened whistleblower retaliation claims in a suit alleging BAE Systems Inc. used inside information to rig contract bids, after the Sixth Circuit ruled that the plaintiffs' retaliation claims weren't covered by an employee arbitration agreement.

  • August 1, 2014

    Pa. Judges Ask High Court To Strike Mandatory Retirement

    A group of Pennsylvania judges have asked the U.S. Supreme Court to weigh in on whether the state can force them to retire after turning 70, claiming the state constitutional provision is age discrimination in violation of the 14th Amendment.

  • August 1, 2014

    EEOC Urges Justices To Take On Abercrombie Hijab Suit

    The U.S. Equal Employment Opportunity Commission has pushed the U.S. Supreme Court to review its allegations that Abercrombie & Fitch Stores Inc.'s refusal to hire a Muslim woman because of her headscarf constituted religious discrimination, saying lower courts are split on the issues raised in the case.

  • August 1, 2014

    Grocery Chain Confidentiality Rule Unlawful, NLRB Says

    The National Labor Relations Board found Thursday that a California-based grocery store chain's confidentiality rule was unlawful, reversing an NLRB judge and concluding that workers would interpret the rule to bar discussions of things like wages and terms and conditions of employment.

  • August 1, 2014

    NLRB Knocks Ralphs For Firing Worker Who Refused Drug Test

    The National Labor Relations Board ruled Thursday that Ralphs Grocery Co. violated federal labor law by firing a produce manager who refused to take a drug test without consulting a union representative first, saying the refusal was intertwined with the worker's assertion of his Weingarten rights. 

  • August 1, 2014

    UAW Sued For Treating Plant Workers Unequally

    United Auto Workers on Friday was hit with a suit in a Michigan federal court by a group of temporary employees Michigan auto plants who accused the union of forcing them into dodgy contracts and accepting union dues from the workers without proper representation.

  • August 1, 2014

    NLRB Scolds American Water For Not Bargaining With Workers

    The National Labor Relations Board on Thursday ruled that American Water Works Co. Inc. failed to properly bargain with its employees' union in relation to the retiree health plan, affirming an administrative law judge’s earlier findings.

  • August 1, 2014

    Chipotle Investors Seek OK For Deal Over Illegal Hirings

    Chipotle Mexican Grill Inc. investors urged a Colorado federal judge Thursday to sign off on a deal with company executives that would significantly enhance the company's internal oversight of its hiring policies in the wake of several federal investigations over the hiring of undocumented workers.

  • August 1, 2014

    Pepper Hamilton Ducks Philly Union Boss' Malpractice Suit

    A Pennsylvania state judge has thrown out a Philadelphia union leader’s malpractice lawsuit against Pepper Hamilton LLP in which he alleged that his former attorneys at the firm leaked confidential information to gain advantage in a defamation suit against the parent of the Philadelphia Inquirer.

Expert Analysis

  • Retail Employers Need To Know Pregnancy Accommodations

    Kevin A. Fritz

    With the U.S. Supreme Court to hear Young v. United Parcel Service Inc. and the U.S. Equal Employment Opportunity Commission's recent guidance on pregnant workers, retail employers may need to provide a variety of accommodations to pregnant employees before, during and after pregnancy, say Tracy Billows and Kevin Fritz of Seyfarth Shaw LLP.

  • Next Up For California Restaurants: Seats For Line Cooks?

    Michael S. Kun

    The California Supreme Court is poised to explain what an obscure “suitable seating” provision buried in the state’s wage orders means for employers — and the court’s ruling could mean that restaurants will have to provide seats to hosts, hostesses and line cooks, says Michael Kun of Epstein Becker & Green PC.

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • Spoiling To Get Out Of Spoliation Sanctions? Here's How

    Glen A. Kopp

    Recent sanctions levied in the putative class action Osberg v. Foot Locker Inc. serve as a potent reminder that adhering to data and document preservation requirements is imperative to avoiding spoliation sanctions, say Glen Kopp and Matthew Baker of Bracewell & Giuliani LLP.

  • Gloves Off, Glasses On: Google Glass In The Workplace

    Khurram Nasir Gore

    To address the privacy risks wearable technologies like Google Glass present, corporate legal departments must develop or revise existing accessible-use policies based on intended use by, for example, restricting third-party applications and recording features, say Khurram Nasir Gore and Frederick Lah of Reed Smith LLP.

  • 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.