Employment

  • July 24, 2014

    NJ Superior Court Hit With Disability Bias Suit

    The New Jersey Judiciary was hit Wednesday with a disability bias suit by a courtroom clerk at Camden, New Jersey’s Superior Court who said she faced reprisal when she complained about the rescission of reasonable accommodations allowing her to work despite a chronic nerve condition.

  • July 24, 2014

    Agencies Finalize Rule On Contractor Whistleblower Costs

    The U.S. Department of Defense, General Services Administration and NASA will publish a final rule on Friday to block government contractors from charging the government for legal costs related to whistleblower retaliation lawsuits.

  • July 24, 2014

    Stryker Can't Ax Counterclaims In Customer Sabotage Row

    A Michigan federal judge shot down Stryker Corp.'s attempt to nix an ex-employee's counterclaims concerning a noncompete agreement in a suit over an alleged scheme to harm the company's relationships with customers, finding Thursday that the allegations were not a “mirror image” of the company’s own breach of contract claim.

  • July 24, 2014

    Texas Court OKs Sempra Energy Ex-Exec's Back Pay Award

    A Texas appeals court on Thursday affirmed a judgment that requires Sempra Energy Trading LLC to pay its former managing director back salary, severance and additional bonuses he was promised orally by the company’s former CEO but never got in writing.

  • July 24, 2014

    NCAA, EA Win OK For $60M College Athlete Class Deals

    A California federal judge indicated on Thursday that she will preliminarily approve $60 million in settlements in college athletes' cases accusing the National Collegiate Athletic Association and Electronic Arts Inc. of improperly using their likenesses in video games, but sidelined the NCAA's effort to include antitrust claims in the release.

  • July 24, 2014

    Schwan's Workers Cite State High Court In Cell Bill Fight

    Schwan's Home Service Inc. sales representatives on Thursday urged a California appeals court to revive their putative class action alleging the home food delivery giant didn't pay for cellphones they needed to work, saying a recent California Supreme Court decision supports their plan to prove liability with statistical sampling.

  • July 24, 2014

    Fed Can't Escape ADA Suit Over Ex-Worker's PTSD

    A New York federal judge on Tuesday denied a bid by the Federal Reserve Bank of New York to escape a disability suit brought by an employee who says his post-traumatic stress disorder was exacerbated when he was relocated to a building near the World Trade Center site.

  • July 24, 2014

    Clearing Firm Looks To Pare Dodd-Frank Whistleblower Case

    Clearing services provider COR Clearing LLC on Wednesday told a Nebraska federal judge that a former executive alleging she was fired after reporting potential securities fraud should not be able to pursue negligence and breach of contract claims because she hasn't done enough to support them.

  • July 24, 2014

    8th Circ. Snubs Ex-Napster CEO's Employment Contract Suit

    The Eighth Circuit on Thursday rejected a former Napster Inc. CEO's claims that he was improperly denied a $2.9 million performance award after he resigned and Best Buy Co. Inc. sold the file-sharing service, finding he had failed to state a breach of contract claim.

  • July 24, 2014

    Ivy League Connection Tutors Are Employees, NY Court Finds

    Home tutors dispatched by Ivy League Tutoring Connection Inc. to New York clients seeking help with school work and test preparation operated under terms that made them employees, not contractors, an appellate court said Thursday, turning aside the business' bid to cut its unemployment insurance bill.

  • July 24, 2014

    Sex-Neutral Acts Can Back Verizon Worker's Suit: 2nd Circ.

    The Second Circuit revived a woman's lawsuit against a Verizon subsidiary over allegations she was subjected to sexual harassment, discrimination and retaliation, ruling Thursday that the lower court ignored that sex-neutral acts could be part of an overall hostile work environment.

  • July 24, 2014

    Ohio Pays $420M To Settle Workers' Comp Premium Case

    The Ohio Bureau of Workers’ Compensation said Wednesday it would pay $420 million to settle a class action accusing the agency of overcharging for workers’ compensation premiums during a seven-year period.

  • July 24, 2014

    Panera, AMC Background Checks Illegal, Worker Alleges

    Panera LLC and American Multi-Cinema Inc. are forcing potential employees to sign off on illegal background checks by burying important information in wordy applications, a woman employed by both alleged in two nationwide class action suits filed in Florida on Wednesday.

  • July 24, 2014

    Boeing Age Bias Scheme On 'Breathtaking Scale,' Union Says

    An engineers' union said Thursday that it has lodged age discrimination claims against The Boeing Co. with the U.S. Equal Employment Opportunity Commission and a Washington state anti-bias agency, claiming the company manipulated ratings used to select employees for layoffs, to hike up older workers' vulnerability.

  • July 24, 2014

    Indiana 'Right To Work' Law Dealt 2nd Blow In State Court

    A judge in Indiana has struck down the state's so-called right-to-work law that shields nonunion workers from being required to pay union dues, marking the second time a court has determined that the law violates the state constitution, Indiana's attorney general said on Wednesday.

  • July 24, 2014

    House Panel OKs Republican-Led ACA Suit Against Obama

    A resolution that would authorize the U.S. House of Representatives to sue President Barack Obama over the delay of the Affordable Care Act’s employer mandate moved one step closer to a vote Thursday, when the House Rules Committee approved it for full House review.

  • July 24, 2014

    Amazon Warehouse Workers Lose Tolling Bid In Wage Action

    A Kentucky federal judge denied a tolling request Wednesday that could have given additional Amazon.com Inc. warehouse workers the option to join a national wage-and-hour class action, a decision the plaintiffs' attorney said could unfairly prevent up to 150,000 workers from participating in the litigation.

  • July 24, 2014

    Starwood Pays Nearly $1M To Settle Worker Tip Suit

    Starwood Hotels & Resorts Worldwide Inc. agreed to shell out nearly $1 million in Hawaii federal court on Wednesday to settle a class action accusing the company of improperly retaining tips owed to servers at its Westin resort in Maui.

  • July 24, 2014

    Cuomo Wants Tipped Workers To Benefit From Min. Wage Hike

    New York Gov. Andrew Cuomo on Thursday kicked off a review of state wage law to determine if waiters and other tipped workers require new protections in order for their minimum pay to fall in line with recent moves to raise the minimum wage for other hourly workers.

  • July 24, 2014

    Ex-Inspector Accuses NA Pipeline Of Wage Violations

    North American Pipeline Inspection LLC was hit with a putative class-action lawsuit in Pennsylvania federal court accusing it of violating the Fair Labor Standards Act and state wage laws by failing to pay its inspectors overtime wages.

Expert Analysis

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Established Employment Rules Are Not Safe From The NLRB

    Shannon M. Gibson

    Terms and conditions of employment long considered settled by employers can now no longer be taken for granted as not running afoul of the National Labor Relations Act as the National Labor Relations Board continues its dramatic outreach campaign to workers, say William Miossi and Shannon Gibson of Winston & Strawn LLP.

  • Employers May Have Opportunity In ACA Legislative Flaw

    Robert C. Christenson

    Employers still on the fence in terms of providing qualifying health care coverage for their employees see new hope in the D.C. Circuit's ruling in Jacqueline Halbig v. Burwell because the case points to a possible legislative flaw that would exempt employers in 36 of the 50 states from the "pay-or-play" tax that underlies the Affordable Care Act, says Robert Christenson of Fisher & Phillips LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • Costs And Benefits Of Opting Out Of Texas' Workers' Comp

    Janet A. Hendrick

    Because Texas' workers' compensation is a "no fault" program, employees of subscribers are rarely allowed to sue their employer for damages in connection with work-related injuries, however employees of nonsubscribing employees may bring negligence and related claims as a result of on-the-job injuries, says Janet Hendrick of Fisher & Phillips LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • Immigration Reform Must Help Spouses Of H-1B Visa Holders

    Karen-Lee Pollak

    It is not practical to expect H-1B visa holder spouses, who are often highly educated and have careers themselves, not to work for as long as a decade, says Karen-Lee Pollak of Bell Nunnally & Martin LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • European Court Deals Body Blow To UK Trade Unions

    Douglas Darch

    National Union of Rail, Maritime And Transport Workers v. The United Kingdom was a big setback to the U.K.'s trade unions, particularly with the growth in outsourcing of public services to the private sector, say Douglas Darch and John Evason of Baker & McKenzie LLP.

  • BDO Seidman Continues To Rule NY Restrictive Covenants

    Richard I. Janvey

    When drafting restrictive covenants in New York, employers and their counsel need to keep in mind the seminal appellate case BDO Seidman v. Hirshberg, which lays out what constitutes a reasonable covenant while setting the terms for what will be judicially enforced in the state, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.