Employment

  • August 25, 2014

    Judge Nixes EEOC Settlement Meeting In Meat Co. Prayer Row

    A Nebraska federal judge on Monday denied the Equal Employment Opportunity Commission and JBS USA LLC ex-employees' joint motion for a settlement conference with the meat-packaging company accused of failing to accommodate Muslim employees' prayer requests, saying JBS didn't seem willing to participate.

  • August 25, 2014

    Supervalu Says Pharmacists' Wage Suit Belongs In Fed. Court

    Supervalu Inc. moved Friday to send two wage-and-hour lawsuits currently pending in Orange and Los Angeles counties to federal court, saying claims that the grocery chain stiffed its pharmacists on overtime pay likely exceed $13 million collectively.

  • August 25, 2014

    Ex-Sandia Worker Pleads Guilty To Misusing Gov't Property

    A former scientist for Sandia Corp. who was arrested for misusing U.S. government resources pled guilty on Monday to making a false statement and unlawfully transporting government property from the U.S. to China, according to a plea agreement filed in New Mexico federal court.

  • August 25, 2014

    Hospira Rebuts 7th Circ. Rebuke In Worker Retaliation Suit

    Hospira Inc. has urged a Seventh Circuit panel to reconsider a decision that revived an employee's retaliation suit, and rebutted the court's criticism that the company “cherry-picked” and misrepresented evidence to support a summary judgment bid.

  • August 25, 2014

    Kolon Wants Supreme Court To Eye Recusal Rules In IP Case

    Kolon Industries Inc. has asked the U.S. Supreme Court to reverse an appeals court ruling allowing a judge who once represented DuPont Co. as a McGuireWoods LLP attorney to oversee an antitrust and trade secrets case involving Kolon and DuPont because Kolon did not timely seek his recusal.

  • August 25, 2014

    Travel Nurses Hit Maxim Healthcare With Overtime Suit

    Maxim Healthcare Services Inc. was slapped with a putative class action in California federal court Friday alleging the health care staffing company stiffed hundreds of registered nurses on overtime pay and reimbursement for job-related expenses.

  • August 25, 2014

    NJ Judge Won't Free Town From Retiree Co-Pay Breach

    A judge has refused to disturb a finding that Toms River, New Jersey, breached collective bargaining agreements by increasing retirees' prescription drug copays, ruling that the arbitration decision met a standard of being “reasonably debatable,” according to an opinion posted Monday.

  • August 25, 2014

    Fla. Bank Exec Says He Was Fired For Reporting Misconduct

    A former executive of Gibraltar Private Bank & Trust has brought suit in Florida state court seeking damages under the Florida Whistleblower Act, saying the company fired him after he lodged complaints over another executive's alleged discriminatory behavior and noncompliance with banking laws.

  • August 25, 2014

    IRS Calls Indiana's ACA Employer Mandate Challenge Flawed

    The Internal Revenue Service on Friday urged an Indiana federal court to throw out the state's and its public school corporations' challenge to its ability to penalize state and local governments for failing to comply with the Affordable Care Act's employer mandate, claiming the case is fundamentally flawed.

  • August 25, 2014

    D.C. Whistleblower's Retaliation Claim Can Go To Jury

    Evidence put forth by a Washington civil servant who claims he was fired for blowing the whistle on government waste is strong enough to go before a jury, a Washington, D.C., federal judge ruled on Monday.

  • August 25, 2014

    Kraft Beats Most Claims In Sales Rep's Racial Bias Suit

    A Pennsylvania district court on Friday slashed most of a New Jersey man’s discrimination lawsuit against Kraft Foods Global Inc., tossing claims that he was mistreated for speaking against racism and wrongly fired because he is Hispanic, but agreeing that his ethnicity may have contributed to his delayed promotion.

  • August 25, 2014

    Self-Reporting Is All The Rage In Recent Contractor Regs

    From False Claims Act violations to cybersecurity breaches to labor violations, self-reporting requirements are making a huge splash upon the regulatory scene, and experts say it is becoming ever more difficult for contractors to keep pace with expanding disclosure requirements. Here, Law360 looks at five self-reporting obligations for contractors to keep in mind.

  • August 25, 2014

    Insurance Broker Says 3 Former Execs Stole Trade Secrets

    Insurance brokerage Arthur J. Gallagher & Co. sued three former marine insurance executives in New York federal court Monday, claiming the trio plotted to steal proprietary information and lure lucrative clients to rival brokerage Howden Insurance Services Inc.

  • August 25, 2014

    USTR Gives Guatemala More Time For Labor Reforms

    The U.S. Trade Representative's office announced Monday that it will need more time to examine a series of labor reforms made by Guatemala, keeping in place a provisional settlement agreement that has suspended arbitration proceedings under a regional trade pact for four more weeks.

  • August 25, 2014

    Ex-Pep Boys' Mechanics Urge Judge To OK $3.6M Wage Deal

    A class of former employees alleging The Pep Boys-Manny Moe & Jack of California's wage policies violate state labor laws on Friday asked a California federal judge to approve a $3.6 million settlement of their suit, calling it "fundamentally fair to the class."

  • August 25, 2014

    NY Popeye's Restaurant Shorted Workers On OT, Suit Says

    Smart Chicken Corp., part of the national Popeye’s fried chicken franchise, was hit with a putative class action in New York federal court Sunday by current and former employees alleging the company failed to pay overtime wages in violation of federal and state labor laws.

  • August 25, 2014

    Facebook 'Like' Protected By Labor Law, NLRB Says

    The National Labor Relations Board ruled Friday that clicking Facebook's “like” button was protected, concerted activity shielded by labor law, finding that the Triple Play Sports Bar and Grille unlawfully fired two workers over a Facebook discussion panning the bar's tax withholding calculations.

  • August 25, 2014

    Female Firefighter Applicants Seek Cert. In Chicago Bias Suit

    A group of female firefighter and EMT applicants urged an Illinois federal judge to certify their class in a suit accusing the city of Chicago of administering a physical abilities test that discriminated against them, saying their suit contains common claims that warrant certification.

  • August 25, 2014

    Hausfield Seeks $52M For Plaintiff Attys In NCAA Suit

    The plaintiffs' attorneys, led by Hausfeld LLP, in the NCAA antitrust case have asked the court for $52.4 million in fees and costs for their work in the dispute over the NCAA’s ban on college athletes being paid for the use of their names, images and likenesses, which a California federal judge this month ruled violates antitrust laws.

  • August 25, 2014

    ADA Covers Ex-Morgan Stanley Adviser's Mania, Justices Told

    Morgan Stanley Smith Barney LLC should have accommodated a financial adviser's bipolar disorder, despite his taking a company computer during a manic episode and his failure to inform the company of his disability beforehand, the U.S. Supreme Court heard recently.

Expert Analysis

  • Gloves Off, Glasses On: Google Glass In The Workplace

    Khurram Nasir Gore

    To address the privacy risks wearable technologies like Google Glass present, corporate legal departments must develop or revise existing accessible-use policies based on intended use by, for example, restricting third-party applications and recording features, say Khurram Nasir Gore and Frederick Lah of Reed Smith LLP.

  • Twists And Turns For Texas' Health Care Employers

    Robert D. Kilgore

    While Texas has a reputation for being an employer-friendly state, for health care employers it’s a mixed bag as physicians garner special treatment under state law regarding noncompete covenants, says Robert Kilgore of Fisher & Phillips LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • 1st Circ. Case Could Severely Impact Mass. Franchises

    Barry A. Guryan

    It has been argued that an expansive reading by a district judge of a stringent Massachusetts employment classification law in Awuah v. Coverall North America — now pending in the First Circuit — puts the state’s robust franchising business in jeopardy by, among other things, disincentivizing franchisees from supplying their financial capital into new and existing franchises, say Barry Guryan and Jeffrey Ruzal of Epstein Becker & Green PC.

  • Calif. Courts Concede To Class Waivers Post-Concepcion

    Lori Phillips

    Despite the employee-friendly nature of California courts and their occasional rendering of arbitration agreements as unenforceable, two recent Ninth Circuit rulings in Davis v. Nordstrom Inc. and Johnmohammadi v. Bloomingdale’s Inc. may make challenges to class-claim waivers a thing of the past, says Lori Phillips of Sherman & Howard LLC.

  • 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.