Employment

  • October 23, 2014

    Chevron Pays $4M To End Refinery Wage Fight

    Chevron USA Inc. on Thursday won approval from a California judge for its $4.2 million settlement of class claims that it stiffed almost 1,400 current and former oil refinery employees by not paying wages for time spent on required pre- and post-shift meetings.

  • October 23, 2014

    Fla. High Court Overturns Atty Fee Ruling In Pension Case

    The Florida Supreme Court on Thursday ruled that attorneys' fees awarded to Tampa firefighters and police officers in a dispute over missed pension fund payments should be paid by the fund’s board, quashing a 2013 state appellate decision.

  • October 23, 2014

    NY Top Court Urges SimplexGrinnell Wage Recovery

    The New York Court of Appeals on Thursday advised the Second Circuit they should not give the Department of Labor deference in deciding whether SimplexGrinnell LP government contractors may pursue claims of past underpayment, and should read the relevant statute as requiring prevailing wages for all the contractors’ work.

  • October 23, 2014

    Calif. Court Stops Firm's Wells Fargo OT Row $5M Fee Grab

    A California appeals court on Wednesday refused to allow Initiative Legal Group APC to collect nearly $5 million that it said it believed were attorneys’ fees obtained in a settlement over Wells Fargo Bank NA mortgage consultants’ claims that the bank denied them overtime.

  • October 23, 2014

    JC Penney Ruling Urges Swiftness For FLSA 'Pick-Off' Bids

    J.C. Penney Co. Inc.'s recent failed attempt to end a potential Fair Labor Standards Act collective action by offering to pay the named plaintiffs' wage claims prompted a New York federal court ruling that attorneys say demonstrates the need to act quickly — for employers looking to complete an FLSA “pick-off” as well as plaintiffs looking to avoid one.

  • October 23, 2014

    HSBC Faces New Retaliation Suit Over Alleged Harassment

    HSBC Securities (USA) Inc. was hit with yet another suit in New York federal court Tuesday alleging it fired an employee who reported a colleague's alleged sexual harassment.

  • October 23, 2014

    Walgreen Workers' Attys Blasted For 'Form Declarations'

    The California Court of Appeal refused Thursday to revive a putative class action accusing The Walgreen Co. of not giving employees meal breaks, after dozens of witnesses recanted mostly identical declarations overseen by the plaintiff's lawyers, raising questions about how the documents were prepared.

  • October 23, 2014

    SG Backs KBR, Halliburton Tipster On Wartime FCA Limits

    The federal government on Tuesday threw its support behind a whistleblower accusing KBR Inc. and Halliburton Co. of defrauding the government, telling the U.S. Supreme Court that the statute of limitations is extended for civil False Claims Act cases over wartime contracts.

  • October 23, 2014

    Honda Execs Take Pay Cuts Over Recall Problems

    Honda Motor Co. on Thursday said its CEO will take a 20 percent pay cut, with 12 other executives slashing their salaries by 10 percent, after the Japanese company announced a fifth recall this year of its Fit hybrid model.

  • October 23, 2014

    Florida Hospitals Face FCA Suit Over Kickback Scheme

    A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.

  • October 23, 2014

    Judge Questions Scope Of $75M NCAA Concussion Deal

    An Illinois federal judge on Thursday questioned why the NCAA’s proposed $75 million concussion settlement includes student-athletes who played noncontact sports such as archery, one of several concerns he raised as the organization and plaintiffs’ attorneys pressed him to grant the deal preliminary approval.

  • October 23, 2014

    Dodd-Frank Spares TD Ameritrade Worker Suit, 3rd Circ. Told

    The Third Circuit was urged Thursday to allow an ex-TD Ameritrade Inc. worker's whistleblower suit to proceed in court under a provision of the Dodd-Frank Act allowing would-be informants to void arbitration clauses in their employment agreements.

  • October 23, 2014

    3rd Circ. Urged To Revive Farmworkers' DOL Wage Challenge

    The Third Circuit was urged on Thursday to overturn a district judge’s decision that forthcoming changes to the U.S. Department of Labor’s rules for the calculation of wage levels for migrant farmworkers invalidated a lawsuit challenging the current way the government allows pay rates to be set.

  • October 23, 2014

    Wal-Mart Settles With EEOC Over Discriminatory Urine Test

    Wal-Mart Stores East LP has agreed to pay $72,500 to a job applicant who was denied a sales associate position because her end-state renal disease did not allow her to take a drug urinalysis test, the U.S. Equal Employment Opportunity Commission said Wednesday.

  • October 23, 2014

    Tesco Chairman To Exit As Accounting Error Jumps To $421M

    Tesco PLC Chairman Richard Broadbent said Thursday that he intends to leave his position after the embattled U.K. retail chain announced that the amount by which the company overstated its profits was 263 million pounds ($421.4 million), 5 percent more than what the company first reported.

  • October 23, 2014

    Reps. Seek Probe Of Jimmy John's Over Noncompetes

    Sandwich chain Jimmy John's came under scrutiny Wednesday when members of Congress asked the U.S. Department of Labor and the Federal Trade Commission to investigate reports that the company forces low-wage workers sign noncompete agreements, calling the practice anti-competitive.

  • October 22, 2014

    Union Blasts Trump Resorts' Bid To Stifle Communications

    An union representing employees at New Jersey's Trump Taj Mahal urged a Delaware bankruptcy judge Wednesday to reject a motion aimed at controlling its communications with casino customers, saying the relief sought by Trump Entertainment Resorts Inc. violates the Constitution and federal labor law.

  • October 22, 2014

    DaVita Finalizes $400M Settlement Over Kickback Claims

    Dialysis giant DaVita HealthCare Partners Inc. has finalized a record deal in which it will pay more than $400 million and unwind 11 joint ventures to resolve claims by a whistleblower that it provided kickbacks to kidney doctors, Phillips & Cohen LLP, which brought the suit, said Wednesday.

  • October 22, 2014

    Exxon Says Free Speech Right Nixes Worker's Defamation Suit

    ExxonMobil Pipeline Co. on Wednesday asked a Texas appellate court to throw out a fired employee’s defamation suit under a state free speech law, arguing that an internal conversation between the man’s supervisors was protected speech.

  • October 22, 2014

    Ex-Kline & Specter Atty Freed From Returning Referral Fees

    The Pennsylvania Superior Court overturned a trial court's order that a former Kline & Specter PC attorney must return more than $200,000 in referral fees for cases he took with him after leaving to found his own firm, saying Wednesday that the lower court had erred.

Expert Analysis

  • FLSA Case Is A Guide To Using Independent Contractors

    Larry S. Perlman

    Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • 5 Ways Employers Can Fight Ebola

    Sloane Ackerman

    Most employers in the U.S. will be prepared for the current Ebola outbreak after taking a few steps, including educating employees and ensuring emergency preparedness, says Sloane Ackerman of O'Melveny & Myers LLP.

  • Singing The Siren Song Of Unlimited Vacation Policies

    Susan F. Eandi

    As with many U.S. employment law concepts and practices, the idea of unlimited vacation does not quite translate outside America because vacation is a legal entitlement in most countries, not a fringe benefit that employers can choose to offer or not, say Susan Eandi and Teresa Burlison of Baker & McKenzie LLP.

  • Inside Delaware's New Laws On Destroying Consumer Info

    Sharon Klein

    When companies that conduct business in Delaware make their 2015 New Year’s resolutions, they should be sure to add compliance with two new laws that create potential liability for companies that fail to properly destroy records or documents that contain personal identifying information, say Sharon Klein and Stephen Jenkins of Pepper Hamilton LLP.

  • 5 Essential Legal Considerations For Cos. Developing Apps

    Armand Zottola

    App development can bring great opportunity, visibility and income to a company. But there are some pronounced or unique intellectual property, ownership, privacy, data security and advertising considerations that a company should keep in mind, say Armand Zottola and Morgan Brubaker of Venable LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • Penalizing Employee Posts May Violate Protected Activity

    Sheeva J. Ghassemi-Vanni

    Though it's unclear how appellate courts will ultimately view the National Labor Relations Board's determination that an employee’s use of the “Like” button on Facebook constitutes protected activity, it is clear the NLRB is devoting significant attention to this issue, say Daniel McCoy and Sheeva Ghassemi-Vanni of Fenwick & West LLP.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • 7 Steps To Prepare For Dodd-Frank Whistleblowers

    Matt T. Morley

    Stay focused on the 120-day clock. Once 120 days have elapsed after potential wrongdoing is reported internally, a range of persons who would otherwise be ineligible for a Dodd-Frank whistleblower award suddenly becomes eligible, says Matt Morley of K&L Gates LLP.