Employment

  • July 2, 2015

    Loews Hollywood Hotel Skimped On OT Pay, Suit Says

    Loews Hotel Hollywood LLC was hit with a new putative class action in California state court claiming that the hotel failed to factor in service charges when compensating employees for overtime and breaks during which they were required to keep working.

  • July 2, 2015

    EEOC Sues Dunkin' Donuts Over Firing Of Worker With Cancer

    The U.S. Equal Employment Opportunity Commission slapped Dunkin' Donuts with a disability rights suit Wednesday, alleging the company failed to reasonably accommodate an employee with breast cancer and improperly fired her.

  • July 2, 2015

    Calif. Cheerleader Bill Only One Step Away From Being Law

    California's state Senate has approved a bill that would require professional football and basketball teams to classify their cheerleaders as employees and pay them at least minimum wage, leaving the legislation only a signature from the governor away from being law.

  • July 2, 2015

    The Biggest NJ Court Decisions Of 2015: Midyear Report

    The U.S. Supreme Court has already left its mark on 2015, but the New Jersey Supreme Court has issued several heavyweight opinions of its own, from allowing Gov. Chris Christie to cut more than $1 billion in pension funding to cementing potential new hurdles for discrimination and whistleblower plaintiffs. Here are seven state appellate decisions that attorneys say will have a significant impact.

  • July 2, 2015

    7th Circ. Won't Boost Visteon's $1.8M ERISA Penalty

    The Seventh Circuit on Wednesday refused to increase a $1.8 million penalty imposed on Visteon Corp. in a class action over the auto parts supplier’s failure to notify laid-off employees of important health insurance information in violation of the Employee Retirement Income Security Act, ruling the plaintiffs filed their appeal months too late.

  • July 2, 2015

    Fox, Hearst Intern Classes Shot Down At 2nd Circ.

    The Second Circuit overturned a trial court decision Thursday that granted grant class and conditional collective action certification to a former unpaid intern in a wage case against Fox Entertainment Group Inc. and upheld a ruling that denied certification in another intern case against the Hearst Corp.

  • July 1, 2015

    7th Circ. Rebuffs Wheaton's Bid To Block ACA Birth Control

    The Seventh Circuit on Wednesday rebuffed Wheaton College’s bid to block the Affordable Care Act’s mandate to provide contraception coverage for its students and employees, ruling the law doesn’t actually require the school to pay for coverage of emergency contraceptives.

  • July 1, 2015

    5 Tips Every Co. Should Know About Calif.’s Sick Leave Law

    With California’s paid sick leave mandate taking effect Wednesday, employers need to think carefully about how they provide and track employee sick days and when they deny a request for leave, or risk administrative fines and retaliation claims, according to lawyers. Here, attorneys offer five tips to make sure employers are following the new state law.

  • July 1, 2015

    Dreier Trustee Settles With Diamond McCarthy In Fee Row

    Former Diamond McCarthy LLP attorney Sheila M. Gowan settled a dispute in Texas state court with her former firm over $1.4 million in fees she generated as Dreier LLP's Chapter 11 trustee, Gowan confirmed on Wednesday.

  • July 1, 2015

    SEC Clawback Plan To Create Enforcement Nightmares

    In newly unveiled plans to force public companies to recoup executive pay after a restatement, the U.S. Securities and Exchange Commission would force companies to overhaul their current clawback procedures while placing them in a quandary over how to enforce the stiff measures.

  • July 1, 2015

    Disney Cuts Deal With 4,500 Ex-Workers Over Vacation Pay

    A California judge on Wednesday approved a deal by two units of The Walt Disney Co. ending putative class actions alleging 4,500 resort and theme park workers lost out when the companies miscalculated how much vacation pay exiting workers were owed.

  • July 1, 2015

    NLRB Judge Nixes AT&T Mobility's Arbitration Agreement

    AT&T Mobility LLC must rescind or revise an arbitration policy with its non-union employees that hard barred individuals who signed on or didn't explicitly opt out from collective legal action, according to a recent decision from the National Labor Relations Board.

  • July 1, 2015

    CSX, Amtrak Challenge Mass. Employee Sick Time Rule

    CSX Transportation Inc., Amtrak and other rail carriers sued Massachusetts on Wednesday over the state's new paid sick time law, arguing that it shouldn't apply to them because of pre-existing legislation and union contracts.

  • July 1, 2015

    Top 15 High Court Employment Rulings Of The Past 15 Years

    The U.S. Supreme Court has handed down a bevy of opinions in labor and employment cases since 2000, tackling everything from the nuances of discrimination law to class action requirements to the validity of presidential recess appointments and underscoring the significance of workplace law to the American economy. Here, Law360 ranks the top 15 high court employment decisions from the past 15 years.

  • July 1, 2015

    Duane Morris Adds McKenna Trio With RE, Trial Focus In SF

    Duane Morris LLP on Wednesday announced it has hired a trio of McKenna Long & Aldridge LLP attorneys to bring expertise in trial practice and real estate, employment and insurance law to the firm’s San Francisco office and bolster the its corporate finance capabilities in the city.

  • July 1, 2015

    NLRB Expands Union Access To Employee Witness Statements

    The National Labor Relations Board has decided to adopt a new standard for a union’s access to an employer’s witness statements, nixing a blanket exemption on mandatory disclosure in favor of a more nuanced approach that assesses an employer’s confidentiality interests.

  • July 1, 2015

    Nationals Reach Settlement In Religious Discrimination Suit

    The Washington Nationals baseball team on Tuesday reached a preliminary settlement with three former ballpark ushers who accused the team of religious discrimination, saying they were fired for refusing to work on the Seventh-Day Adventist Sabbath.

  • July 1, 2015

    Benefits Extended To Texas State Workers' Same-Sex Spouses

    The state of Texas on Wednesday officially began extending benefits to the spouses of gay and lesbian state workers in the wake of last week's landmark U.S. Supreme Court decision in favor of same-sex marriage, even as Republican politicians including Texas Gov. Greg Abbott decried the decision.

  • July 1, 2015

    Aetna Gets Claims Trimmed From Reimbursement Row

    A New Jersey federal judge on Tuesday dismissed antitrust, Employee Retirement Income Security Act and other claims from a class action accusing Aetna Inc. of using rigged price schedules to underpay for out-of-network services, saying those claims weren't strong enough.

  • July 1, 2015

    Minor Leaguers Say MLB Not Safe From Antitrust Wage Suit

    A minor league baseball player who brought a putative class action accusing Major League Baseball and its clubs of suppressing minor leaguers’ compensation told a California federal court Tuesday that baseball's antitrust exemption does not allow the clubs' collusion to hold down minor league wages. 

Expert Analysis

  • Filing Class Actions Against Wage-Dodging Trucking Cos.

    Brian S. Kabateck

    Truck drivers pursuing class actions against trucking companies should not be discouraged by the recent trend of these companies attempting to avoid paying wages owed by filing for bankruptcy. Attorneys should investigate which individual controls employees’ wages, hours or working conditions and name that individual as a second employer-defendant, say Kabateck Brown Kellner LLP's Tsolik Kazandjian and Brian Kabateck, a former pres... (continued)

  • Uniforms And Unpaid Interns And Minimum Wage! Oh, My!

    Michael J. Puma

    Three hot topics in wage-and-hour law for employers today are uniform policies, unpaid internships and minimum wage requirements. With pressure from media coverage, political and social justice organizations and plaintiffs’ counsel, employers should adopt certain best practices to avoid liability and reduce the risk of class action litigation, say attorneys at Morgan Lewis & Bockius LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • Weigh TMs Before Reacting To NLRB McDonald’s Complaints

    Allyson Fair

    Until a resolution is reached in the National Labor Relations Board's McDonald’s USA LLC case, companies and employment lawyers focusing on how to frame the franchisor/franchisee relationship should keep in mind that trademark issues are intertwined with the joint liability question, says Allyson Fair of Sideman & Bancroft LLP.

  • Grooming Lessons For Biotech From Abercrombie & Fitch

    Jennifer A. Kearns

    The recent U.S. Supreme Court decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. poses unique questions for many nonretail industries — especially biotech companies — which may require applicants to meet certain clinical or safety standards, says Jennifer Kearns at Duane Morris LLP.

  • NJ Has The Backs Of Chiropractors In Class Action

    James J. Ferrelli

    The recent granting of class certification by the District of New Jersey to participating and nonparticipating chiropractors in DeMaria v. Horizon Healthcare Inc. offers a blueprint to class action certification for health care providers seeking to challenge health insurer policies that may systematically deny or reduce benefits paid, says James Ferrelli of Duane Morris LLP.

  • ASBCA Opens Door To New Approach To Collective Bargaining

    Nichole Atallah

    When negotiating a collective bargaining agreement, government contractors are often restrained by their contractual obligations to the government customer. A recent Armed Services Board of Contract Appeals decision provides contractors with an additional tool to use in formulating proposals during the negotiating process, says Nichole Atallah of PilieroMazza PLLC.

  • 7th Circ.'s Sneak Attack On The Joint Employer Standard

    Douglas Darch

    While the National Labor Relations Board has been talking about joint employer status, the Seventh Circuit has been doing. In the Title VII case Love v. J.P. Cullen & Sons, the court addressed its five-factor test for determining whether a company is a joint employer, a test which in some ways resembles the expansive view advocated by the NLRB's general counsel, says Douglas Darch of Baker & McKenzie LLP.

  • OSHA Engineering Guidelines Will Hit Energy Industry Hard

    Greg C. Dillard

    The U.S. Occupational Safety and Health Administration's enforcement memo on recognized and generally accepted good engineering practices will impact every oil refinery and nearly every gas plant and chemical plant by increasing the cost of operations, maintenance and equipment upgrades, say Greg Dillard and Scott Elliott of Katten Muchin Rosenman LLP.

  • Duke, UNC And Nonpoaching Agreements — What Not To Do

    Stephen Murphy

    If the consequences of poaching are as severe as Duke University and the University of North Carolina likely perceived when they agreed to forgo hiring each other’s medical facility faculty and staff, was there another way to deal with the problem without being exposed to antitrust liability? A little-known aspect of the 2011 Adobe final judgment offers hope for a more productive and less risky solution, say Stephen Murphy and Dary... (continued)