Employment

  • July 23, 2014

    NLRB Macy's Ruling Has Lawyers Leery Of 'Micro-Unit' Fights

    The National Labor Relations Board's endorsement of a bargaining unit composed of Macy's Inc. cosmetics and fragrance workers demonstrated the labor board's willingness to apply its controversial Specialty Healthcare ruling in the retail sector and left management-side lawyers wondering if challenges to so-called micro-units are winnable before the current board.

  • July 23, 2014

    2 KFI Trade-Theft Accomplices Sentenced To Probation

    A California federal judge on Wednesday sentenced two accomplices of disgraced Korn/Ferry International recruiter David Nosal to one year of probation each, finding that their cooperation helped the firm secure Nosal's conviction for hacking, stealing trade secrets and conspiring to use proprietary information.

  • July 23, 2014

    ACA Birth Control Mandate To Get New Opt-Out Process

    The Obama administration won cautious praise on Wednesday from its legal adversaries in litigation over the Affordable Care Act’s birth control mandate after disclosing that it will alter an opt-out process that religious nonprofits say makes them complicit in immoral activities.

  • July 23, 2014

    Medical Dispatchers Stay Certified In Calif. OT Row

    A California judge on Wednesday refused to reconsider his decision granting class certification to more than 300 medical dispatchers who allege American Medical Response Inc. and its Southern California branch shorted their wages, saying the plaintiffs' lack of a specific trial plan isn't enough to invalidate certification.

  • July 23, 2014

    Delta's $1.4M Settlement With Cargo Workers Gets Nod

    A California federal judge on Tuesday preliminarily approved a $1.4 million settlement between Delta Air Lines Inc. and a class of cargo employees who have accused the company of failing to provide them with overtime and meal breaks in violation of California labor law.

  • July 23, 2014

    Fla. Appeals Court Won't Lift Stay On Gay Marriage Ruling

    A gay couple in Florida who last week secured a trial court decision overturning a state ban on same-sex marriages were denied their appeal Wednesday of the judge's decision to stay the ruling while the state appeals.

  • July 23, 2014

    Farmworkers' Challenge To DOL Prevailing Wage Policy Axed

    Several migrant farmworker organizations lost their challenge to the U.S. Department of Labor's implementation of a wage policy that allows employers to use private surveys, rather than publicly available data, to set wage levels, with a Pennsylvania federal judge ruling Wednesday that their claims were not ripe for a decision.

  • July 23, 2014

    NYG Capital CEO Hit With $850M Intern Sex Harassment Suit

    A former NYG Capital LLC intern is seeking $850 million in damages in a suit filed in New York district court Monday that accuses the company's CEO of repeated sexual harassment, forced sexual relations, stalking and unlawful termination, among other things.

  • July 23, 2014

    Ormet Judge Nixes Union Bid To Stay $25M Plant Sale

    A Delaware bankruptcy judge on Wednesday rejected a request to stay Ormet Corp.’s court-approved $25 million deal for a shuttered aluminum plant so a union trust could appeal the sale order, saying the debtor faced “enormous” harm if the deal didn’t close.

  • July 23, 2014

    Select Medical Hit With FCA Suit Over Length Of Patient Stays

    A Wisconsin federal judge on Tuesday unsealed a whistleblower suit brought under the False Claims Act alleging Select Medical Holdings Corp. performed medically unnecessary treatments at a long-term acute care hospital to fraudulently maximize reimbursements from the Centers for Medicare and Medicaid Services.

  • July 23, 2014

    Nine West Slapped With Undisclosed Background Check Suit

    Shoe retailer Nine West Holdings Inc. was slapped Wednesday with a putative class action in Florida federal court that alleges the company conducts background checks on job applicants without proper disclosures, violating the Fair Credit Reporting Act. 

  • July 23, 2014

    NJ Firm Sues Former Atty For Defamation

    A New Jersey law firm has launched a defamation and invasion of privacy suit against a former associate who it claims misrepresented his departure from the firm and falsely stated that his one-time employer had landed itself in hot water over client funds.

  • July 23, 2014

    More Ballplayers Sue MLB For Wages In Labor, Antitrust Suit

    Former Oakland Athletics pitcher Yadel Marti and a group of fellow former Major League Baseball players filed a labor and antitrust class action in California federal court, alleging the organization failed to pay minor league players for the long hours they were at work and in training.

  • July 23, 2014

    CACI Lands $22M Contract To Supply Navy Personnel

    Virginia-based information technology giant CACI International Inc. has been awarded a three-year “prime contract” worth up to $22 million to continue providing personnel and other services for the Bureau of Naval Personnel, which serves as the human resources department of the Navy Personnel Command, CACI announced Wednesday.

  • July 23, 2014

    Philly Union Leader Can't Kick Racketeering Charges

    A Pennsylvania federal judge has denied requests by Philadelphia ironworkers' union leader Joseph Dougherty and four others to dismiss charges implicating them in creating “goon squads” that set fires, assaulted workers and sabotaged property to strong-arm contractors into hiring union labor.

  • July 23, 2014

    Cuomo Signs Bill Giving NY Interns Workplace Protections

    Gov. Andrew Cuomo on Tuesday signed legislation that gives New York state interns workplace protections, like those enjoyed by regular workers, from sexual harassment and discrimination, expanding across the state a similar move made in spring by New York City leaders.

  • July 23, 2014

    FLSA Ambiguities Driving More Lawsuits, Congress Told

    An increased willingness among attorneys to take on wage-and-hour cases and ambiguity in applying the Fair Labor Standards Act have driven a substantial rise in wage lawsuits over the past decade, a U.S. Government Accountability Office official told Congress on Wednesday.

  • July 23, 2014

    Penn State Sued By Paterno's Son Over Sandusky Fallout

    Pennsylvania State University has been hit with a $1 million lawsuit by former assistant football coaches William Kenney and Jay Paterno, son of the late longtime coach Joe Paterno, who claim that their personal and professional reputations have been irreparably harmed after the school fired them.

  • July 23, 2014

    NLRB OKs Challenged Bargaining Unit Of Macy's Workers

    The National Labor Relations Board ruled Tuesday that a group of cosmetics and fragrance sales workers at a Macy's Inc. store in Massachusetts can organize, despite the retailer's argument that the group was too narrow and a dissent that panned the NLRB's controversial Specialty Healthcare ruling.

  • July 23, 2014

    Ex-Workers Get $2.7M In Casino WARN Class Action

    Laid-off Macon County Greyhound Park Inc. employees on Tuesday won $2.7 million in a class action against the entertainment complex operator over claims they were terminated without sufficient notice in violation of the federal Worker Adjustment and Retraining Notification Act.

Expert Analysis

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Crucial Predictive Coding Case Law: Progressive V. Delaney

    Emily Cobb

    Any practitioner considering predictive coding should fully consider Magistrate Judge Peggy Leen’s reasoning in Progressive Casualty Insurance v. Delaney and the potential pitfalls associated with failure to consistently cooperate, say Emily Cobb and Annamaria Enenajor of Ropes & Gray LLP.

  • How To Terminate Employees You're 'Just Not That Into'

    Joanne A. Buser

    The obvious and inherent risk in using a vague “wrong fit” explanation when terminating an employee is that any judge can construe this reason as having multiple interpretations, making it a ripe disputed issue for a fact finder at trial, says Joanne Buser of Paul Plevin Sullivan & Connaughton LLP.

  • OPINION: Advance Conflict Waivers Send Wrong Message

    Eric L. Lane

    If there is anything that would convince big law firms to ditch the advance conflict waiver, it is the financial bottom line. And I can assure you firms are losing new client opportunities because of these waivers, says Eric Lane of Green Patent Law.

  • NY Wage Theft Law Puts The Squeeze On Employers

    Cindy S. Minniti

    Once signed by New York Gov. Andrew Cuomo, a revitalization of the Wage Theft Prevention Act presents a mixed bag for employers. While elimination of the annual wage notice requirement helps employers, a majority of the bill's remaining provisions are employee-friendly, say Cindy Minniti and Mark Goldstein of Reed Smith LLP.

  • States Cracking Down On Pregnancy Discrimination

    Celina R. Joachim

    The Illinois legislature recently passed HB 8, the latest in a flurry of state and local legislation requiring employers to provide accommodations for pregnant employees and paid family leave. Employers, adjust your summer to-do lists, say attorneys at Baker & McKenzie LLP.

  • 3 Recent Labor Developments Likely To Affect Franchises

    Matthew D. Austin

    Labor unions are targeting franchisees and the restaurant industry as a whole, and they are not alone. Large corporate entities could see a domino effect in which the actions of a small group of employees open the doors to unionization among millions of workers under the corporate umbrella, says Matthew Austin of Roetzel & Andress LPA.