Employment

  • February 27, 2015

    Calif. Court To Weigh If Attys’ Fees Need Stricter Review

    The California Supreme Court plans to hear a class member’s challenge claiming a $6.3 million fee award in staffing firm Robert Half International Inc.'s $19 million labor violations settlement is too high, and lawyers say a ruling in his favor could place class attorneys’ fee award proposals under greater scrutiny by judges and class members.

  • February 27, 2015

    Kroger Unit Sends Calif. Managers' Unpaid OT Class Packing

    A California judge on Friday denied certification for over 1,300 Ralphs Grocery Co. managers who say the Kroger Co. subsidiary improperly classifies them as overtime-exempt, ruling plaintiffs failed to provide evidence that the managers engaged in mostly nonmanagerial duties as a standard practice.

  • February 27, 2015

    Texas High Court Says Workers’ Comp Bars False Arrest Suit

    The Texas Supreme Court held Friday that a worker injured at an Asarco LLC plant is barred from pursuing malicious prosecution and other claims against his insurer and claims service provider, saying state workers’ compensation law requires that the disputes over his false arrest be heard in the Texas Department of Insurance.

  • February 27, 2015

    Kleiner Men Dished About Sex, Porn On Work Trip, Jury Told

    Interim Reddit CEO Ellen Pao told Kleiner Perkins Caufield & Byers LLP top brass that she'd been subjected to discussions about porn stars and male colleagues' sexual preferences during a work trip, according to emails shown to a California jury Friday in Pao's gender-discrimination trial against the venture capital giant.

  • February 27, 2015

    FCA Suit Lacks Physician Wrongdoing, Hospice Says

    A hospice provider on Thursday urged a Nevada federal court to dismiss a False Claims Act complaint that alleges bogus billing of Medicare and Medicaid for serving patients who weren’t terminally ill, saying whistleblowing former employees and the U.S. Department of Justice failed to show that physicians acted improperly.

  • February 27, 2015

    Texas High Court Won't Rehear Exxon Bonus Plan Suit

    The Supreme Court of Texas on Friday denied an appeal to rehear a former Exxon Mobil Corp. top executive's case against the company for stripping him of $5 million in nonvested stock rights when he joined a rival energy firm, re-confirming the court's decision granting employers more leeway in bonus plans.

  • February 27, 2015

    Workers Fight McDonald's Bid To Nix Class Claims

    Workers pursuing minimum wage suits against McDonald's Corp. and franchisees shot back on Thursday at the fast food giant’s bid to nix their class allegations, saying that the defendants haven’t shown any proof that they won’t be able to meet class certification requirements after discovery is over.

  • February 27, 2015

    Disability Services Co. Faces ADA Leave Policy Suit

    The U.S. Equal Employment Opportunity Commission slapped an Arizona disability support services company with an Americans with Disabilities Act suit on Wednesday over its “inflexible” leave policy, claiming the company terminated disabled workers who could have used extra unpaid time off.

  • February 27, 2015

    NFL Players Won't Take A Knee On Revised $765M Settlement

    Several former professional football players objected Friday to an amended $765 million proposed settlement in multidistrict litigation regarding concussions with the National Football League, saying the amendments create a situation in which players with a certain brain condition would have incentive to commit suicide before the cutoff date for benefits.

  • February 27, 2015

    Prudential Reps Win Partial Cert. In Wage Suit On 2nd Try

    Current and former Prudential Financial Inc. and Prudential Insurance Co. of America financial representatives were awarded class certification in New Jersey federal court on Thursday for claims that their pay was improperly docked for work expenses, but not ones for their overtime wage claims.

  • February 27, 2015

    Texas High Court Won't Touch $1B Dallas Back Pay Suits

    The Texas Supreme Court on Friday declined to weigh in on a state appellate court’s decision to allow Dallas first responders to move forward with their claims for $1 billion in back pay, returning their cases to a state trial court.

  • February 27, 2015

    Staffing Co. Doles Out $1.25M To Engineers In FLSA Suit

    Staffing agency Randstad Engineering has agreed to pay up to $1.25 million to settle a class and collective action alleging the company failed to pay its workers overtime in violation of state and federal labor law, according to court documents filed Thursday.

  • February 27, 2015

    Jimmy John's Managers Seek Class Cert. In Noncompete Row

    Assistant store managers at Jimmy John’s LLC and several of its franchises asked an Illinois federal judge on Thursday for class certification in their suit alleging the sandwich chain violated federal and state wage laws and forced workers to sign unduly restrictive noncompete agreements.

  • February 27, 2015

    Same-Sex Couples Lay Out Equality Case In Supreme Court

    Couples in four Midwestern states where same-sex marriage bans still remain have rung the opening bell in their case for marriage equality, telling the U.S. Supreme Court on Friday that they can no longer wait for their marriages to be recognized.

  • February 27, 2015

    'Bizarre' Deposition Request Should Be Nixed, Judge Told

    An amusement park company that allegedly underpaid employees and forced them to pick up H-2B visa expenses told a Massachusetts federal court Friday to nix a “bizarre” bid by class counsel to depose its own client, who cut ties after independently agreeing to a settlement, saying the request is “riddled with ethical landmines.”

  • February 27, 2015

    Public Defender Fired For Contesting Plea Program, Suit Says

    A criminal defense attorney filed a civil rights suit against Franklin County, Pennsylvania, and the chief operators of its public defenders office in federal court Thursday, saying he was fired from his position as assistant public defender in retaliation for reporting a potentially illegal and unethical plea bargain program.

  • February 27, 2015

    'Wendy Williams Show' Interns Close To Deal With Lions Gate

    A settlement is imminent in an intern class action suit claiming Lions Gate Entertainment Corp. stiffed them on wages while forcing them to do grunt work on "The Wendy Williams Show," lawyers told a Manhattan federal judge on Friday.

  • February 27, 2015

    Blank Rome Snags Locke Lorde Edwards Labor Team In NY

    Blank Rome LLP beefed up its New York employment practice Thursday by adding a three-attorney team from the newly created Locke Lord Edwards LLP, led by the former labor and employment practice group chair of the old Edwards Wildman Palmer LLP.

  • February 26, 2015

    Ex-MoFo Paralegal Loses Age, Sex, Race Discrimination Suit

    A former paralegal at Morrison & Foerster LLP lost his suit alleging one of the firm’s tax practice groups was uncomfortable with his age, sex and race when a New York federal judge found on Thursday that he hadn’t shown he was put on probation and then fired because his superiors were discriminating against him.

  • February 26, 2015

    Houston’s Server OT Suit Underdone After 9th Circ. Ruling

    A California federal judge on Thursday ruled former Hillstone Restaurant Group Inc. servers must amend their putative class action alleging the owner of grill chain Houston’s stiffed more than a thousand employees, holding the suit must specify when plaintiffs were underpaid to survive the Ninth Circuit’s recent Landers ruling.

Expert Analysis

  • 3 Takeaways From EEOC V. Abercrombie Oral Arguments

    Dawn R. Solowey

    The U.S. Supreme Court’s decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. is expected to focus on what level of knowledge an employer must have that an employee or job applicant’s religious practice may conflict with a job requirement — and from what source — before it has a duty to consider accommodation, say Dawn Solowey and Ariel Cudkowicz of Seyfarth Shaw LLP.

  • Marijuana Legalization Creates Risks For Gov't Contractors

    Lucas Hanback

    Washington, D.C., just became the most recent jurisdiction to legalize the recreational use of marijuana. But federal contractors — a huge percentage of the D.C. population — still face catastrophic penalties for violating laws that prohibit drug use by federal contractor employees, says Lucas Hanback of Rogers Joseph O’Donnell PC.

  • Oakland Pushes Ahead With Progressive Wage-And-Hour Laws

    Katherine S. Catlos

    Far from Gertrude Stein’s description of her former hometown — “there is no there there” — Oakland is poised to be a frontrunner in terms of progressive wage-and-hour protections in California. The transportation industry, hotels and restaurants will likely be the first to feel the impact, say Katherine Catlos and Gabriel Rubin of Kaufman Dolowich & Voluck LLP.

  • Key Employment And Immigration Issues Facing Banks Today

    James R. Wiley

    Many banks are facing class actions for not compensating nonexempt employees for compensable work. These lawsuits are costly and hard to defend. Meanwhile, foreign nationals create a potential new client base, but the issue is whether to offer services to undocumented individuals, say attorneys with Carlton Fields Jorden Burt LLP.

  • Unmasking Justice Roberts' Umpire Metaphor In ACA Fight

    Robert B. Hoffman

    What is so concerning about King v. Burwell is that an issue of statutory construction regarding the Affordable Care Act has become so politically driven — the fact that, in all likelihood, the split will hew closely to the U.S. Supreme Court’s liberal and conservative blocs on how to interpret a statute is a troubling sign of the times, says Robert Hoffman of Eckert Seamans Cherin & Mellott LLC.

  • 2nd Circ. Seems Skeptical Of DOL Intern Test

    Robert S. Whitman

    While it is premature to draw conclusions from oral argument in Glatt v. Fox Searchlight Pictures Inc. and Xuedan Wang v. Hearst Corp., the Second Circuit hinted that the U.S. Department of Labor's six-factor test for internship status is overly rigid and focused on the utility of an alternate test to determine whether an internship primarily benefits the intern or the employer, say Robert Whitman and Adam Smiley of Seyfarth Shaw LLP.

  • OPINION: In High Court Hijab Case, Reversal Is Likely

    R. Scott Oswald

    At a certain point in Wednesday's oral arguments, the courtroom’s mood changed. Abercrombie had been schooled. And the unusually young and diverse audience — law students, mostly, it seemed — knew it. After arguments closed, a wave of spectators spilled onto the Supreme Court’s cold plaza, where Samantha Elauf emerged to face cameras and questions, beaming. “That was so cool,” many spectators said as they left. —R. Scott Oswald of ... (continued)

  • 2nd Circ. Unlikely To Change Class Action Status Quo

    David D. Yeagley

    It does not appear that the Second Circuit’s decision in Roach v. T.L. Cannon Corp. will usher in a new era of class action certifications. Rather, it seems the court is reading the majority opinion in Comcast Corp. v. Behrend like the dissent — that the majority opinion did not significantly alter the Rule 23 landscape, says David Yeagley of Ulmer & Berne LLP.

  • When Customers And FCA Whistleblowers Collide

    Nancy E. Harris

    An employee claiming she has discovered wrongdoing at her company and then seeking compensation or claiming protection as a whistleblower is an evermore common risk that every business must be prepared to address. But what happens when the whistleblower reports fraud against the government by an important business customer but no wrongdoing by the company? asks Nancy Harris of Orrick Herrington & Sutcliffe LLP.

  • Pensions Are Now On The Restructuring Table, For Real

    Karol K. Denniston

    Thanks to Judge Chris Klein’s recently issued confirmation opinion in Stockton’s bankruptcy case, no longer will cities be able to avoid dealing with pensions in California out of a fear of facing off with CalPERS and its massive bank account, says Karol Denniston of Squire Patton Boggs LLP.