Employment

  • May 29, 2015

    Cash Advance Co. Seeks $45M In Suit Over Theft Of Clients

    A cash advance company lodged a suit in New York state court on Friday seeking more than $45 million in damages from a former call center manager who allegedly stole clients and proprietary corporate information and steered accounts over to its competitors.

  • May 29, 2015

    Texas AG Says Gay Marriage Rulings ‘Mock’ Judicial Process

    Texas’ attorney general on Friday told the state’s high court that trial judges “mocked” the judicial process and ignored the Texas Constitution when they issued rulings that allowed for same-sex marriage in the state.

  • May 29, 2015

    Atty's Ex-Firm Can't Get Larger Fee Share, Pa. Justices Told

    Malone Middleman PC told the Pennsylvania Supreme Court on Tuesday that it should reverse an appeals court ruling that made the firm liable to pay breach of contract claims to an employee's previous firm, saying the panel erroneously extended a rule of law that only applies to partner attorneys.

  • May 29, 2015

    Ad Newsletter PennySaver Hits Ch. 7 In Wake Of WARN Suits

    PennySaver USA LLC, printer of an iconic advertising newsletter in southern California, filed for Chapter 7 bankruptcy Friday in Delaware, a week after it shuttered operations and after former employees lodged class actions claiming nearly 700 workers were abruptly laid off without notice or final pay.

  • May 29, 2015

    DHL Can Drive Away From WARN Act Claims, 11th Circ. Says

    The Eleventh Circuit ruled Friday that delivery service DHL Express (USA) Inc. does not have to face an employee's claims that it laid off numerous workers at a Birmingham, Alabama, facility without proper notice, saying that a lower court correctly ruled that the minimum threshold to qualify as a mass layoff was not met.

  • May 29, 2015

    Fired Md. CVS Manager Hits Pharmacy With Bias Suit

    The former manager of a CVS pharmacy in Maryland filed a $300,000 race and national origin discrimination lawsuit against his onetime employer Thursday, claiming his supervisor used another employee’s theft as a pretext to fire him.

  • May 29, 2015

    Ex-Merck Director's Pregnancy Bias Suit Heads To Jury

    Counsel for a former Merck & Co. Inc. executive claiming gender and pregnancy discrimination cost her a promotion and then her job made a final pitch to jurors on Friday, trying to paint the business reasons the pharmaceutical giant has offered for those moves as mere pretext.

  • May 29, 2015

    SG Urges High Court To Nix RJ Reynolds ERISA Appeal

    The U.S. Solicitor General has urged the Supreme Court not to take up an appeal from R.J. Reynolds Tobacco Co., saying the lower court correctly decided it had breached its fiduciary duties under the Employment Retirement Income Security Act in a $50 million suit stemming from the company’s 1999 spinoff from RJR Nabisco Inc.

  • May 29, 2015

    Allstate Rips 9th Circ. Ruling In Push For High Court Review

    A Ninth Circuit ruling upholding the certification of a class of Allstate Insurance Co. workers in an overtime case conflicts with four other circuits and would necessitate a slew of “individual follow-up trials,” Allstate said in a brief urging U.S. Supreme Court review.

  • May 29, 2015

    NY Nail Salons Get Employment Makeover With Bill of Rights

    New York Gov. Andrew Cuomo issued a workers’ bill of rights Friday that must be posted in every nail salon in the state and called on customers to question salon policies in the latest push to end wage theft and improve workers’ conditions at pedicure palaces around the city.

  • May 29, 2015

    Guest Workers Hit Tobacco Farms With Wage Violation Suits

    Nearly 40 Mexican H-2A workers filed three separate lawsuits in Kentucky federal court Thursday accusing the three tobacco farms they worked on of violating state and federal labor laws by failing to pay minimum wage and providing abysmal housing conditions.

  • May 29, 2015

    Waxing Salon Chain Accused of Stiffing Workers On Wages

    A chain of waxing salons rips off not only hair but its employees by failing to adequately pay them for the hours they work, a suit filed Thursday in New York state court alleges.

  • May 29, 2015

    8th Circ. Affirms Broadband Co. Win In $45M FCA Suit

    The Eighth Circuit on Friday upheld Bluebird Network LLC’s escape of a whistleblower’s False Claims Act suit, saying a lower court was right to find the company’s former executive had no proof the company had lied on a $45 million grant application.

  • May 29, 2015

    H-2A Workers Win On Joint Liability In Fruit Farm Wage Row

    After a six-day bench trial, a Florida federal judge ruled Thursday that an orange grove and its employment subcontractor are joint employers of a certified class of H-2A workers and thus jointly responsible for the subcontractor's actions.

  • May 29, 2015

    Calif. AG Urges High Court Not To Revisit Union Fees Case

    California Attorney General Kamala Harris has urged the U.S. Supreme Court to deny a group of teachers' petition asking the high court to revisit and overturn its 1977 Abood ruling, which gave states a green light to require public workers to pay union fees.

  • May 29, 2015

    2nd Circ. Mulls Skadden Win In Temp Attorney's OT Suit

    The Second Circuit had tough questions on Friday for an attorney defending a win for Skadden Arps Slate Meagher & Flom LLP in an overtime suit brought by a temporary attorney who said that the document review work he did was too menial to qualify as practicing law. 

  • May 29, 2015

    NC Judges Must Perform Gay Marriages After Gov Vetoes Bill

    North Carolina’s Republican governor on Thursday vetoed a bill which would have allowed judges to recuse themselves from performing same-sex marriage ceremonies if it violates their religious beliefs.

  • May 28, 2015

    Dickstein Seeks Dismissal, Sanctions In Ex-Atty’s Bias Suit

    Dickstein Shapiro LLP urged a New York federal judge on Thursday to toss a suit brought by a former intellectual property attorney alleging he was passed over for partnership in favor of younger, non-white, female or gay lawyers before being fired, calling the claims frivolous and worthy of sanctions.

  • May 28, 2015

    Bio-Rad's Ex-GC Sues Over Firing Amid Bribery Investigation

    Bio-Rad Laboratories Inc.’s former general counsel hit it with a suit in California federal court Wednesday claiming the life sciences research company illegally fired him after he reported that its leadership may be engaging in bribery in China.

  • May 28, 2015

    11th Circ. Says Fla. Jury Should Hear FedEx Driver Row

    The Eleventh Circuit on Thursday reversed a lower court’s decision that FedEx Ground Package Systems Inc. pickup and delivery drivers in Florida were independent contractors, ruling that question was better left for a jury to decide.

Expert Analysis

  • 4 In-House Preferences For Better Outside Counsel

    Patrick H. Reilly

    The best outside counsel change their optics to think like the client. For these lawyers, client service is not just about top-notch legal work — it is about making life easier for the entire in-house team. In the words of litigation counsel at medical device company Zimmer Inc. and outside counsel at Faegre Baker Daniels LLP, here are four ways outside counsel can better serve clients.

  • Shining A Light On Conn.'s Version Of The Sunshine Act

    Andrew J. Finan

    Connecticut's recently enacted reporting requirement regulating the payment of advanced practice registered nurses, which is modeled off of the federal Sunshine Act, reduces the overall administrative burden on applicable manufacturers and aligns the Connecticut General Statutes more closely with other, comparable state reporting requirements, says Andrew Finan of Day Pitney LLP.

  • Statistical Analysis And Class Actions: Part 3

    Nathan D. Woods

    Wal-Mart Stores Inc. v. Dukes. Comcast Corp. v. Behrend. Espenscheid v. DirectSat USA. Recent case law demonstrates a trend among federal courts toward greater scrutiny at earlier stages of class action litigation and, if sampling is contemplated in wage-and-hour cases, then care should be taken to ensure the sample design and execution allow for reasonably precise estimates, says Nathan Woods of Edgeworth Economics LLC.

  • Don’t Let Mental Illness Fly Under Your Workplace Radar

    Dianna D. Bowen

    In high-risk industries such as transportation, education, construction or utilities, employers may decide stricter standards for mentally ill employees they suspect are in crisis will be worth the risk of a discrimination lawsuit if it may prevent a catastrophe, such as a plane crash or school shooting, says Dianna Bowen of Fisher & Phillips LLP.

  • Statistical Analysis And Class Actions: Part 2

    Nathan D. Woods

    There are a number of methodologies with which to conduct more rigorous certification analysis of wage-and-hour class actions and statistically test whether common issues predominate. Among them, multivariate approaches, such as regression analysis, are perhaps the most commonly used, says Nathan Woods of Edgeworth Economics LLC.

  • KBR Ruling Likely To Encourage More FCA Litigation

    Blanca Young

    The U.S. Supreme Court’s decision this week in KBR Inc. v U.S. gives defendants an important victory on a statute of limitations question and provides much-needed certainty regarding their potential exposure to civil fraud litigation. The court's holding relating to the False Claims Act's first-to-file rule, however, creates substantial uncertainty and may make it more difficult to settle qui tam disputes, says Blanca Young of Mung... (continued)

  • Persuasive Experts At Trial: 3 Times A Charm

    Nancy J Geenen

    Attorneys spend significant hours finding, vetting and legally qualifying subject matter experts who will offer the opinion that supports the client’s “truth.” The expert spends considerable time as well — from research and analysis to issuing the report and defending the opinion at deposition. These pretrial skills do not necessarily translate to persuasive testimony at trial, say Nancy Geenen and Suann Ingle of Suann Ingle Associates LLC.

  • And Now A Word From The Panel: The MDL Lexicon

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.

  • Statistical Analysis And Class Actions: Part 1

    Nathan D. Woods

    Recent legal decisions and commentary follow a growing trend among courts requiring greater scrutiny of class certification topics earlier in judicial proceedings. Under Rule 23 and the Fair Labor Standards Act's "similarly situated" threshold, courts now hesitate to presume commonality within a proposed class or collective action based on a summary result of aggregate effects, says Nathan Woods of Edgeworth Economics LLC.

  • DOL 'Best Interest' Exemption Not The Best Way To Get Sued

    Patrick C. DiCarlo

    The U.S. Department of Labor contends that the proposed best interest contract prohibited transaction exemption would allow consumers to hold fiduciary advisers accountable through a private right of action. It is not such a positive development for those who make a living by providing investment advice to plans governed by ERISA or the Internal Revenue Code, say Patrick DiCarlo and Elizabeth Wilson Vaughan of Alston & Bird LLP.