Employment

  • May 20, 2015

    A Primer On The War Between American Apparel And Charney

    The battle between American Apparel Inc. and its ousted founder and ex-CEO Dov Charney reached a boiling point Monday as it emerged that a shareholder of the hip retailer — a former employee under Charney — has launched a proxy battle. Here's a roundup of the developments in this deepening debacle.

  • May 20, 2015

    SEC Accused Of Race, Sex Bias Over Denied Bonus

    The U.S. Securities and Exchange Commission is facing allegations in Georgia federal court that it discriminated against a black male official by refusing to pay him the same $15,000 bonus that it gave to a white woman in an identical role.

  • May 20, 2015

    'Mere Threat' Not Enough For Retaliation, 5th Circ. Told

    The mere threat of a pay cut isn't sufficient to support a retaliation claim from an ex-employee who said she was punished for supporting a transgender co-worker, The Sage Corp. said Monday, urging the Fifth Circuit to uphold a trial court win for the trucking school.

  • May 20, 2015

    Hernia Mesh Maker Wins Injunction In Trade Secrets Fight

    An Acelity LP subsidiary specializing in tissue repair products said Tuesday that a New Jersey court has granted its request for a preliminary injunction in a trade secrets and unfair competition case against Tela Bio Inc. and two of its executive officers.

  • May 20, 2015

    Chipotle Workers Fight To Keep Opt-In OT Plaintiffs

    Workers in an overtime collective action against Chipotle Mexican Grill Inc. asked a New York magistrate judge on Tuesday not to dismiss 66 opt-in plaintiffs from the suit, despite the restaurant’s claims that they were unresponsive.

  • May 20, 2015

    Schlumberger Says SLAPP Law Can't Ax Claims Against Ex-Atty

    Schlumberger Ltd. on Tuesday asked a Houston appeals court deciding whether trade secret claims against the company's former intellectual property attorney are barred by Texas' anti-SLAPP statute to consider a recent Dallas appellate ruling that private communications cannot be protected under that law.

  • May 20, 2015

    Cleary Gottlieb Must Face Race Bias Suit, Ex-Atty Says

    A former Cleary Gottlieb Steen & Hamilton LLP contract attorney said in a filing made available on Tuesday that his racial discrimination suit against the firm should go forward, attacking the argument that his firing must not have been racist because another African-American contributed to the decision.

  • May 20, 2015

    Judge Thwarts Ex-Massey CEO's Vegas Week

    Former coal magnate Don Blankenship on Tuesday was denied a Memorial Day trip to Las Vegas that he'd requested as an exception to the order that grounded him in West Virginia while he awaits trial over a deadly 2010 mine explosion.

  • May 20, 2015

    NLRB Ruling On Phone Co. Strike Should Stand, DC Circ. Told

    An Illinois phone company is “grasping at straws” in its challenge to a National Labor Relations Board decision the company violated labor practices for disciplining its employees for alleged bad behavior during a strike, a union told the D.C. Circuit on Monday.

  • May 20, 2015

    Jones Day Adds Ex-Kelley Drye Insurance Expert

    Jones Day has a new partner in its insurance recovery practice after recruiting a former Kelley Drye & Warren LLP attorney who has dealt with claims involving employment issues, false advertising, financial fraud, intellectual property and antitrust, Jones Day announced on Wednesday.

  • May 20, 2015

    Dining Co. Sues NJ Atty For Mishandling Harassment Suit

    A dining and vending company has launched a legal malpractice suit against a New Jersey attorney for allegedly ballooning its exposure over a former employee's sexual harassment claims by mishandling the discovery process and miring the company in a $474,000 default judgment.

  • May 20, 2015

    5 Tips For Employers Worried About FCRA Class Actions

    Fair Credit Reporting Act class actions against employers that use background checks to vet job applicants or employees have surged in recent years, a trend fueled by the statute's plaintiff-friendly features and multimillion-dollar settlements from big-name companies. Here, lawyers lay out five tips for companies that want to avoid getting swamped by the wave of FCRA lawsuits.

  • May 20, 2015

    Private Colleges Say Dept. Of Education Loan Rules Illegal

    A group of for-profit colleges blasted the U.S. Department of Education’s attempt to push aside their challenge to new student loan eligibility rules Wednesday, telling a D.C. federal judge that considering a student’s earnings relative to their debt goes beyond the agency’s legal authority.

  • May 19, 2015

    Notre Dame Loses Bid To Duck ACA Birth Control Mandate

    In light of the U.S. Supreme Court’s Hobby Lobby ruling, the Seventh Circuit on Tuesday once again rejected the University of Notre Dame’s attempt to gain an exemption from the Affordable Care Act’s contraception coverage mandate, finding that an accommodation created for employers with religious objections to the provision was not overly burdensome.

  • May 19, 2015

    LA Latest, Largest City To Move To $15 Minimum Wage

    The Los Angeles City Council on Tuesday made America’s second-largest city the latest to move towards a $15 per hour minimum wage, giving initial approval to a proposal that would require businesses to hit the new wage standard by 2020 and includes automatic upward adjustments afterward.

  • May 19, 2015

    Ind. High Court Leaves Pro Rata Allocation Ruling Untouched

    The Indiana Supreme Court on Monday refused to disturb an appeals court's holdings in a dispute over coverage for injury claims asserted by workers at a Taiwanese electronics plant, including that the coverage owed by XL Insurance America Inc. and Century Indemnity Co. should be allocated pro rata.

  • May 19, 2015

    AIG Says Office Depot Can't Seek $15M Coverage Of FCA Suit

    Office Depot Inc. cannot seek insurance coverage for its willful violations of California’s False Claims Act, AIG Specialty Insurance Co. told a California federal court on Monday, urging it to dismiss Office Depot's $15 million coverage claim for an employee whistleblower suit.

  • May 19, 2015

    HHS Urges Judge To Toss Wyo. Tribe's ACA Suit

    The U.S. Department of Health and Human Services on Monday urged a Wyoming federal judge to dismiss the Northern Arapaho Tribe’s suit over the Affordable Care Act’s large-employer mandate, arguing an order denying a preliminary injunction resolved the case’s fundamental issues.

  • May 19, 2015

    Conductor Hurt In Amtrak Derailment Sues In NJ Court

    An Amtrak conductor who was critically injured in last week's deadly derailment in Philadelphia, which killed eight people, filed suit against the railroad in New Jersey state court on Monday for negligence, adding to the growing list of claims being filed by crash victims.

  • May 19, 2015

    NY Judge Tosses $15M Attorney Malpractice Suit

    A New York supreme court judge dismissed claims by a former MetLife whistleblower who won a $2.5 million retaliation suit who said that his attorneys committed malpractice by not working hard enough on his behalf.

Expert Analysis

  • Do's And Don'ts Of Video Surveillance In Calif. Workplaces

    William G. Benz

    Whether an employee has a reasonable expectation she will not be video recorded in the workplace is a difficult and fact-intensive question for California employers to answer. There are, however, steps an employer can take to help ensure it will not find itself on the losing end of a lawsuit, says William Benz of Carico Johnson Toomey LLP.

  • Faith — And Freedom From It — Clash In French Workplaces

    Sabine Smith-Vidal

    The French legal framework is a careful balance between the core principles of secularism on the one hand and religious freedom and nondiscrimination on the other. Two recent decisions from the French Supreme Court attempt to balance these conflicting principles in the French workplace, say Sabine Smith-Vidal and Charles Dauthier of Morgan Lewis & Bockius LLP.

  • How The Defense Can Win Verdicts And Influence Juries

    Katherine A. Lawler

    Although he wasn't a trial attorney, Dale Carnegie knew a thing or two about persuasive speaking. As litigators, much of our communication tends to be persuasive, but never more so than in a jury trial. There, the rule of thumb should be to "tell the audience what you're going to say, say it, then tell them what you've said," says Katherine Lawler of Miles & Stockbridge PC.

  • Figuring Out Family Responsibilities Discrimination

    Monica F. Oathout

    Family responsibilities discrimination generally occurs when employees are discriminated against based on their responsibilities to their families, such as providing care to children, aging parents or people with disabilities. The discrimination can occur in a variety of circumstances and it affects both genders, say Monica Oathout and James Barnish of Vorys Sater Seymour and Pease LLP.

  • Mass. Domestic Worker Bill Raises Roof On Protections

    John P. McLafferty

    The Massachusetts Domestic Workers' Bill of Rights went into effect on April 1, 2015, significantly changing the dynamic between employers and their domestic employees. Practitioners should be aware of a number of key provisions, says John McLafferty of Day Pitney LLP.

  • A Strategy For Nixing FLSA Collective Actions After Filing

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    Arbitration agreements that include waivers of class and collective actions can be an effective tool to avoid collective actions under the Fair Labor Standards Act or under similar state wage laws, but what can be done if a collective action has already been filed? A recent Eighth Circuit decision in Conners v. Gusano’s Chicago Style Pizzeria suggests an answer, says Nathaniel Glasser of Epstein Becker & Green PC.

  • 5 Issues Financial Services Industry Employers Must Face

    John F. Fullerton III

    Employers in the financial services industry face a growing number of employment law challenges, among them being whistleblower complaints on the heels of more aggressive action from regulatory agencies, a more unpredictable arbitration process courtesy of FINRA, and labyrinth-like immigration hurdles, say attorneys at Epstein Becker & Green PC.

  • NLRB's Specialty Healthcare Test Comes To Acute Care

    Barry A. Guryan

    The National Labor Relations Board's refusal to order an election in a wall-to-wall unit at Rush University Medical Center seems inconsistent with its long-held view that acute care hospitals are entitled to a special protected status, says Barry Guryan of Epstein Becker & Green PC.

  • 6th Circ. Is Making Sure Misclassification Goes To Trial

    Matthew S. Disbrow

    The Sixth Circuit's decision in Keller v. Miri Microsystems LLC illustrates the dangers of classifying individuals as independent contractors when engaging in business or structuring an organization. Keller makes clear it is becoming increasingly difficult to quickly dispose of misclassification challenges — more cases will likely go to trial, says Matthew Disbrow of Honigman Miller Schwartz and Cohn LLP.

  • NY Financial Compliance Landscape May Get Treacherous

    Michael H. Huneke

    The Dodd-Frank Act whistleblower program has garnered much attention, but a less-noticed New York financial fraud whistleblower proposal could likewise have a significant impact, because New York regulators and enforcement agencies have been very active in bringing some of the largest investigations and enforcement actions in the financial sector, say John Wood and Michael Huneke of Hughes Hubbard & Reed LLP.