Employment

  • July 31, 2014

    SEC Rewards Tipster With Whistleblower Award

    The U.S. Securities and Exchange Commission on Thursday announced an award of more than $400,000 to an unnamed whistleblower who reported a fraud to the agency after company involved failed to address the issue internally despite several alerts.

  • July 31, 2014

    Calif. Wage Law Covers Beauty School Students, Judge Says

    A California federal court refused Wednesday to toss out the bulk of a putative class and collective action claiming Amarillo College of Hairdressing Inc. unlawfully staffs its salon business with unpaid student workers, rejecting the argument that the students didn't qualify as employees. 

  • July 31, 2014

    Sara Lee Settles Workers' Don-Doff Claims

    Sara Lee Corp. agreed Wednesday to pay $85,000 to settle a dispute with a class of workers in Michigan who alleged the company cheated them of pay for the time it took to put on their uniforms and safety equipment.

  • July 31, 2014

    Kellogg Co. Union Lockout Must End, Federal Judge Rules

    A federal judge on Wednesday ordered Kellogg Co. to end a nine-month worker lockout at its Memphis, Tennessee, cereal plant, finding reasonable cause that Kellogg engaged in unfair labor practices by demanding changes to the wage rates of new and rehired unionized workers.

  • July 31, 2014

    TJ Maxx Parent Faces New Class Action Claim Over OT

    Retail giant The TJX Companies Inc., parent of T.J. Maxx and Marshalls, was hit Wednesday with a proposed collective action in Florida federal court accusing it of misclassifying assistant managers as overtime-exempt, the latest in a string of similar lawsuits stretching back five years.

  • July 31, 2014

    Indian Harbor Can't Shield Reserve Info In Coverage Battle

    A California judge on Wednesday ordered Indian Harbor Insurance Co. to produce documents detailing its calculation of reserves for whistleblower litigation accusing mobile diagnostic imaging providers of a kickback scheme and of submitting false claims to Medicare.

  • July 31, 2014

    Raymour & Flanigan Hit With OT, Commission Pay Class Action

    Raymours Furniture Co. on Wednesday was slapped with a putative class action in New York federal court, alleging the retailer improperly withholds overtime and commission wages from its sales associates.

  • July 31, 2014

    Law Clerk's Lies, Not Discrimination, Led To Firing, Firm Says

    A Los Angeles personal injury firm accused of subjecting a former calendar clerk to racist and homophobic harassment and discrimination urged a California judge on Thursday to toss the clerk’s employment suit, saying he was fired for lying, not for any discriminatory reason.

  • July 31, 2014

    Reed Smith Adds Ex-Gordon & Rees Employment Partner In SF

    Reed Smith LLP has lured a Gordon & Rees LLP attorney with extensive experience in trial work and all aspects of labor and employment litigation, with clients in technology and retail, to serve as a partner in the firm’s labor and employment practice in San Francisco, Reed Smith announced on Thursday.

  • July 31, 2014

    Rite Aid Beats Applicants' Background Check Suit

    A Pennsylvania federal judge on Wednesday tossed a class action filed over Rite Aid Corp.’s pre-employment background checks on the grounds that the plaintiffs failed to sufficiently state a claim, but gave the class 15 days to amend the complaint.

  • July 31, 2014

    Price Chopper Slapped With OT Class Action

    Supermarket chain The Price Chopper Inc. misclassifies its department managers as exempt from overtime wages in an attempt to reduce its labor costs, in violation of the Fair Labor Standards Act and state law, according to a putative class action filed on Wednesday in Massachusetts federal court.

  • July 31, 2014

    House Dems Float Bill Making Union Organizing A Civil Right

    Reps. Keith Ellison, D-Minn., and John Lewis, D-Ga., on Wednesday unveiled a bill that would treat union organizing as a civil right and offer workers a new avenue for pursuing unfair labor practice allegations in court.

  • July 31, 2014

    Judge Certifies Wage Actions Against Owner Of 36 Applebee's

    A New York federal judge has conditionally certified a pair of related class actions targeting an Applebee's franchisee over allegedly not paying workers minimum or overtime wages and opened up the action to workers from all of the company's 36 restaurants.

  • July 31, 2014

    CVS Reaches Deal To End Warehouse Workers' OT Pay Suit

    CVS Pharmacy Inc. reached a deal Wednesday to settle class action allegations in California federal court brought by nearly 2,300 warehouse employees who claimed they were not compensated for off-the-clock work performed while entering and exiting the distribution centers where they were employed.

  • July 31, 2014

    Toyota Credit Accuses Ex-Contractor Of Holding Data Hostage

    Toyota Motor Credit Corp. on Wednesday slapped one of its former information technology contractors with a suit in Arizona federal court, alleging he stole confidential information from the auto financier’s internal network after getting fired and is holding it ransom for $700,000.

  • July 31, 2014

    Wis. High Court Upholds Limits On Collective Bargaining

    The Wisconsin Supreme Court upheld a controversial state law Thursday that gutted the collective bargaining rights of many public sector workers and drew scores of protesters to Wisconsin's Capitol, rejecting claims that key parts of the law were unconstitutional.

  • July 31, 2014

    State Claims Trimmed From Outback Steakhouse Wage Suit

    A Nevada federal judge on Wednesday trimmed the fat from a putative wage-and-hour class action against Bloomin' Brands Inc., owner of the popular Outback Steakhouse chain, slicing away state law claims but allowing federal claims brought under the Fair Labor Standards Act to remain. 

  • July 31, 2014

    International Paper Dodges Asbestos Suit By Worker's Wife

    An Oklahoma federal judge tossed a lawsuit alleging International Paper Co. negligently allowed a worker to bring home asbestos clinging to his clothes that caused mesothelioma to develop in his wife, finding the company wasn’t aware of the substance’s danger at the time.

  • July 31, 2014

    Obama Requires Contractors To Disclose Labor Violations

    President Barack Obama signed an executive order Thursday requiring federal contractors to disclose recent labor violations, as well as barring certain contractors from forcing workers to sign arbitration agreements regarding civil rights disputes.

  • July 30, 2014

    Killers Purportedly Want In On Apple, Google Anti-Poach Row

    The massive antitrust class action accusing Apple Inc., Google Inc. and other tech giants of illegally agreeing not to poach employees took a bizarre twist Wednesday when the court entered a motion purporting to be from a slew of convicted and accused mass murderers seeking to intervene as plaintiffs.

Expert Analysis

  • Canadian Immigration Overhaul Will Impact Food Services

    Audrey Anne Chouinard

    The Canadian government's recent sweeping reform of its Temporary Foreign Worker Program ends the moratorium on the food services sector, which is meant to strengthen the integrity of the TFWP as a last-resort measure to fill jobs in Canada, say Pierre-Etienne Morand and Audrey Anne Chouinard of Norton Rose Fulbright.

  • Defense Bar Risks Giving Bad Advice About Pregnant Workers

    Joan C. Williams

    A few weeks ago, for the first time in 30 years, the Equal Employment Opportunity Commission updated its guidance on pregnancy discrimination in response to a flood of pregnancy discrimination complaints. What followed was truly weird, says Joan Williams of the University of California, Hastings College of Law.

  • In Mach Mining Appeal, A Search For Conciliation Model

    Steve Pearlman

    The U.S. Supreme Court, in agreeing to hear Equal Employment Opportunity Commission v. Mach Mining, should consider the National Labor Relations Act's model for good-faith bargaining as the Seventh Circuit’s approach toward the case arguably invites a “take-it-or-leave-it” option that could lead to litigation based on legal theories in search of supporting facts, say Steve Pearlman and Amanda Wiley of Proskauer Rose LLP.

  • Immigration-Related Liability For Calif. Employers Rises

    Richard E. Bromley

    In light of the California Supreme Court's recent ruling in Salas v. Sierra Chemical Co., employers should not continue to employ workers after discovery of unauthorized status because doing so may expose them to further liability, say attorneys at Nixon Peabody LLP.

  • Peregrine Puts Hired-To-Invent Issues In Spotlight

    Michael Bunis

    Do you think your employees are hired to invent? A California federal judge's recent ruling in Peregrine Semiconductor Corp. v. RF Micro Devices Inc. serves as a reminder that oral agreements are insufficient and employees who perform general engineering, development or other activities will likely fall outside the scope of the hired-to-invent doctrine, say Michael Bunis and Vanessa Arslanian of Choate Hall & Stewart LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 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.