Employment

  • January 27, 2015

    Ex-Workers Hit Scotts With Class Action Over Biz Expenses

    A group of former product merchandisers for Scotts Co. LLC filed a putative class action Monday against the lawn and garden product manufacturer in California state court, alleging the company refused to reimburse them for cellphone usage and other work expenses.

  • January 27, 2015

    Obama Officials Say House GOP’s ACA Suit Lacks Standing

    Officials in the Obama administration are accusing House Republicans of attempting to usurp executive power by filing a lawsuit challenging the implementation of certain Affordable Care Act provisions, including its employer mandate, urging a District of Columbia federal judge Monday to toss the suit for lack of standing.

  • January 27, 2015

    Forest Labs Blasts Bid To Expand Class in Sex Bias Suit

    Forest Laboratories Inc. on Monday told a New York federal judge that female employees accusing the drugmaker of discrimination ran out the clock on adding people to their $100 million putative class and collective action and shouldn’t be granted relief from a situation of “their own making.”

  • January 27, 2015

    Inova, NLRB Take Last Jabs In DC Circ. Adverse Action Row

    The National Labor Relations Board has again urged the D.C. Circuit to enforce a June decision that ordered Inova Health System to reinstate a nurse the company faulted for “grossly offensive” behavior, while Inova told the appellate court the board has failed to justify its ruling.

  • January 27, 2015

    Ohio Firm Day Ketterer Merges With Labor Law Boutique

    Ohio-based Day Ketterer Ltd. has merged with employment and worker’s compensation boutique Andrews & Wyatt LLC, adding a five-attorney team to its employment practice.

  • January 27, 2015

    Interns Say Rolling Stone, Others Failed To Pay Them

    Former interns of Rolling Stone, retailer Lacoste and fashion firm The House of Z LLC each kicked off the latest round of wage-and-hour class actions in a New York state court, accusing the companies of unlawfully denying interns a minimum wage.

  • January 26, 2015

    Tyco Sues Fire Safety Rival For Stealing Employees, Secrets

    Tyco Fire Products LP slammed fire-safety products rival Conbraco Industries Inc. with a lawsuit in Pennsylvania federal court Friday, alleging the company poached several Tyco employees and tried to lure away Tyco customers by using stolen trade secrets.

  • January 26, 2015

    Fired Pa. Open Records Chief, Senate GOP Caucus Sue Gov.

    Pennsylvania’s Senate Republicans and the recently canned director of the state Office of Open Records filed suit against the state’s new governor Monday, saying his firing of the director was an “unlawful power grab” and violated the separation of powers.

  • January 26, 2015

    Lehman Brothers Worker Battles For $84M Bonus

    A former Lehman Brothers Inc. employee has renewed his battle for an $84 million bonus from the failed brokerage, telling a New York bankruptcy judge on Friday that Barclays PLC, his next employer, didn’t cover any of what Lehman allegedly owed.

  • January 26, 2015

    Nat'l Origin Bias Didn't Drive Auto Worker's Firing, Judge Says

    A South Carolina federal magistrate judge recommended granting summary judgment to Drive Automotive Industries of America, a subsidiary of Magna International Inc., in federal court Monday, saying a national origin discrimination suit filed by a former employee doesn’t establish the company retaliated against him when it fired him in 2012.

  • January 26, 2015

    High Court Pans 'Thumb On The Scale' In M&G Retiree Case

    The U.S. Supreme Court's unanimous ruling in a class action battle between M&G Polymers USA LLC and retirees over the vesting of health care benefits warned courts against putting a "thumb on the scale" when analyzing collective bargaining agreements and will likely lead to a more uniform approach among courts tackling disputes over whether retiree benefits continue after a union contract expires, lawyers say.

  • January 26, 2015

    US Enrichment Sues Feds For $43M In Pension Costs

    United States Enrichment Corp. slapped the federal government with a breach of contract suit on Friday, alleging that the U.S. Department of Energy stiffed it for $42.8 million of retiree benefit costs after it finished work on a contract at a nuclear fuel plant in Portsmouth, Ohio.

  • January 26, 2015

    Army Corps Contractor Dealt Blow In FCA Discovery Fight

    A Louisiana federal court said Masonry Solutions Inc. must hand over documents in a False Claims Act suit brought by a whistleblower who alleged the contractors overbilled the U.S. Army and violated the Buy American Act, denying the company’s bid to reverse a magistrate’s decision Monday.

  • January 26, 2015

    Calif. Trucking Co. Hit With Unpaid Wages Class Action

    A truck driver slapped California Cartage Company LLC with a putative class action Friday in California state court claiming the trucking and delivery company cheated him and other drivers out of their fair share of pay by misclassifying them as independent contractors.

  • January 26, 2015

    6th Circ. Says Employers' Bad Info Can Spur FMLA Coverage

    The Sixth Circuit on Monday revived a worker’s claims that the Kalamazoo County Road Commission violated his right to medical leave and retaliated against him for taking it, ruling that there was a question as to whether the agency misled him about his eligibility for leave under the Family and Medical Leave Act.

  • January 26, 2015

    NJ Lawmakers Try To Force Offshore Wind Farm Approval

    The New Jersey Senate Environment and Energy Committee on Monday pushed forward legislation that would force the Board of Public Utilities to approve the first wind farm off the state's coast, even though the project has been blocked twice.

  • January 26, 2015

    Target's 'Walk of Shame' Drove Cashier To Suicide, Suit Says

    The mother of a former Target Corp. cashier in California has accused the retailer of causing her son’s suicide after he was allegedly subjected to a handcuffed “walk of shame” in front of co-workers and customers meant for employees suspected of stealing.

  • January 26, 2015

    Diamond McCarthy Ex-Partner Can't Escape Texas Court

    A Texas district judge on Friday rejected a former Diamond McCarthy LLP partner’s bid to dodge Texas jurisdiction in a $1.4 million breach of contract suit over fees she generated as Dreier LLP’s Chapter 11 trustee.

  • January 26, 2015

    High Court Denies River Shipper's Oil Pollution Act Case

    The U.S. Supreme Court on Monday rejected a petition brought by river shipping company American Commercial Lines LLC on whether the Oil Pollution Act trumps general maritime law in a suit seeking to recover payments the U.S. made to two oil cleanup companies after a 2008 accident.

  • January 26, 2015

    Ex-Rohm & Haas Worker's Retaliation Trial Begins In Philly

    A Pennsylvania federal judge heard opening arguments on Monday in a bench trial over an ex-Rohm & Haas Co. worker’s claims that the company tried to undermine her independent research in retaliation for complaints she filed with the U.S. Equal Employment Opportunity Commission.

Expert Analysis

  • Normal Contract Rules Apply For E-Signing In Calif.

    Alan S. Kaplinsky

    A California appellate court's recent ruling in Ruiz v. Moss Bros. Auto Group Inc. demonstrates that, even though nearly all jurisdictions recognize the legal effect of electronic signatures, employers must be able to establish that the electronic signature was the act of the employee, say attorneys at Ballard Spahr LLP.

  • 10-K Conundrum: How SEC Filings Lead To Employment Claims

    Jessica Linehan

    A recent Seventh Circuit decision provides a cautionary tale for employers deciding what level of detail about litigated matters to include in publicly disclosed U.S. Securities and Exchange Commission filings, say attorneys with Dorsey & Whitney LLP.

  • D&O Coverage May Be An Asset During Data Breaches

    Sabrina N. Guenther

    While there have so far been no reported cases regarding the application of directors and officers policies to class actions arising out of data breaches, D&O policies are designed to cover acts that directors and officers perform in their jobs and the allegations in the Target Corp., Sony Pictures Entertainment Inc. and other lawsuits fall directly within that purpose, say Matthew Jacobs and Sabrina Guenther of Jenner & Block LLP.

  • NJ Independent Contractor Ruling Favors Employees

    Mark E. Tabakman

    Unemployment cases involving independent contractor determinations have shown that the ABC test is one of the toughest for employers trying to prove the absence of an employer-employee relationship. Accordingly, the New Jersey Supreme Court's recent decision in Hargrove v. Sleepy's LLC has decidedly and emphatically increased the coverage and protection of New Jersey wage and hour laws in favor of employees, says Mark Tabakman of F... (continued)

  • White Collar Exemption Changes May Increase Labor Costs

    Michael V. Abcarian

    When the U.S. Department of Labor publishes the specifics of its anticipated changes to the white collar exemption rule in February, it is a virtual certainty the DOL will impose a substantially higher minimum salary for valid application of the Fair Labor Standards Act's administrative, executive and professional exemptions, says Michael Abcarian of Fisher & Phillips LLP.

  • Is OSHA About To Ramp Up Its Whistleblower Program?

    Debra S. Friedman

    The U.S. Occupational Safety and Health Administration is exploring additional ways to increase damage awards from its whistleblower program given its recent announcement that it plans to lower the investigatory standard for cases from a preponderance of the evidence to reasonable cause. If it does, employers can expect OSHA investigators to find more cases meritorious and push for more monetary settlements, says Debra Friedman of ... (continued)

  • 5 Employment Laws Calif. Businesses Should Know In 2015

    Hilary Weddell

    The California Legislature recently enacted a number of wide-ranging employment laws that will affect California businesses in 2015, including expanded discrimination protections to interns, required anti-bullying training and a codified joint employer liability, says Hilary Weddell of McManis Faulkner.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Preemption Questions For Ill. Payroll Deduction IRA Plan

    Joni Andrioff

    There are important differences between the federal myRA program and Illinois Secure Choice Savings Program Act and it remains an open question whether a state law requiring employers to participate in a state-run payroll deduction individual retirement account program is preempted by Section 514(a) of the Employee Retirement Income Security Act, say Joni Andrioff and Eric Serron of Steptoe & Johnson LLP.

  • 10 Tips For Downsizing Workforces In An Energy Crunch

    Steve Shardonofsky

    While the energy sector is no stranger to the employment effects of cyclical oil prices, small and midsized oil field services companies that grew up during the recent U.S. energy boom will likely bear the brunt of falling oil prices. Further, these companies face new legal risks and obligations when downsizing that were nonexistent during the oil bust of the 1980s, say Steve Shardonofsky and Brian Wadsworth of Seyfarth Shaw LLP.