Employment

  • June 26, 2015

    NY Jury Gets Ex-Intern's Stalking Case Against Financier

    A New York federal jury begin deliberating Friday whether financier Benjamin Wey is liable for sexual harassment, a campaign of stalking and vicious public attacks on former intern Hanna Bouveng, asking for evidence about his alleged demand for “tangible love” from the 25-year-old Swede in exchange for her job.

  • June 26, 2015

    9th Circ. Revives Ex-Am West Pilots' Seniority Suit

    The Ninth Circuit on Friday revived 1,600 America West Airlines Inc. pilots’ class action contract suit against the U.S. Airline Pilots Association over seniority after America West’s merger with U.S. Airways Inc., ruling the union unfairly punished the acquired pilots.

  • June 26, 2015

    PGA Tour Caddies Fight To Keep Class Action In California

    A group of professional golf caddies who have lodged a putative antitrust class action against PGA Tour Inc. — alleging that they’re turned into “glorified billboards” during tournaments without compensation — asked a California federal judge on Friday to keep the case in the Golden State because that’s where it belongs.

  • June 26, 2015

    Gay Marriage Ruling To Boost LGBT Worker Protection Efforts

    The U.S. Supreme Court's landmark declaration that the U.S. Constitution requires all 50 states to allow same-sex marriages will not only provide welcome uniformity for nationwide employers but also add momentum to efforts to expand anti-discrimination protections for LGBT workers, lawyers say.

  • June 26, 2015

    DuPont’s Jury Win Nixed In FCA Suit Over Chemical Leaks

    A Louisiana federal judge on Thursday nullified a jury verdict in favor of DuPont Co., which had been accused by a whistleblower in a False Claims Act suit of not telling federal regulators about carcinogen leaks at one of its plants, saying the chemical giant withheld evidence.

  • June 26, 2015

    Costco Properly Docked Tax In Worker Row: Calif. Court

    A California appeals court on Friday reversed a ruling in favor of an ex-Costco Wholesale Corp. worker in his dispute with the retailer over $116,000 payroll taxes that were docked from a wrongful termination award, saying the Internal Revenue Code requires payroll taxes be deducted even after an employee-employer relationship has ended.

  • June 26, 2015

    AutoZone Says EEOC Has No Proof Of Racial Segregation

    AutoZone Inc. told an Illinois federal judge Friday that the Equal Employment Opportunity Commission has no evidence to support its claims that the auto parts retailer segregated and classified its employees based on race, renewing its bid to escape the suit.

  • June 26, 2015

    Judge Chokes Up At American Samoa Official's Sentencing

    A California federal judge grew emotional Friday as he sentenced the former director of American Samoa's Department of Human Resources to 22 months in prison for taking $260,000 in bribes, saying she would have to explain to her 12-year-old son why she'd miss two years of his life.

  • June 26, 2015

    KBR Ordered To Spill Investigation Docs At Heart Of FCA Case

    KBR Inc. took a hit in an ongoing False Claims Act suit from the federal government Thursday when a Texas federal judge ordered the company to hand over an internal investigation report on alleged kickbacks at the center of the case on the grounds it had waived attorney-client privilege of the document.

  • June 26, 2015

    Texas Justices Won't Hear Littler Atty Settlement Dispute

    The Texas Supreme Court declined Friday to examine whether a Littler Mendelson PC attorney overstepped her authority in negotiating a settlement for an employment suit, letting stand a state appellate court finding that a trial judge had rightly thrown the claims out.

  • June 26, 2015

    Worker Sues NJ State Treasury Dept. For Sex Discrimination

    A New Jersey Department of the Treasury employee is claiming that she suffered gender discrimination and sexual harassment at the hands of a manager who bullied and overworked her yet treated male employees fairly, and the state didn’t help, according to a lawsuit filed in Mercer County Superior Court.

  • June 26, 2015

    NJ Man Gets 18 Years For $1.5M Unemployment Fraud

    A New Jersey man was sentenced to 18 years in prison Friday for orchestrating a scheme to dupe the state out of almost $1.5 million in unemployment benefits, as well as stealing $165,600 from Harrah’s Resort Atlantic City, in what prosecutors called one of the largest thefts ever from a state assistance program.

  • June 26, 2015

    Womble Dodges EEOC's Cancer Survivor Appeal At 4th Circ.

    The Fourth Circuit on Friday refused to revive the U.S. Equal Employment Opportunity Commission's suit accusing Womble Carlyle Sandridge & Rice LLP of unlawfully firing a woman left disabled by breast cancer treatments, saying she simply could not perform essential tasks and duties associated with her job.

  • June 26, 2015

    Workers In $1.2M Deal Can Use Visa To Prove Employment

    A New York federal judge has handed a victory to foreign workers looking to stake a claim in a $1.2 million settlement of a wage class action against TruGreen Landcare LLC, ruling temporary visas could be used as proof of employment.

  • June 26, 2015

    Bill Easing Taxes On Safety Officer Benefits Clears Senate

    In voting to renew Trade Promotion Authority, the U.S. Senate has also submitted for President Obama’s approval a bipartisan bill to scrap tax penalties on federal public safety officers who make early withdrawals from retirement plans.

  • June 26, 2015

    Groom Law Regains Ex-Senior Atty For Senate Committee

    Employee benefits firm Groom Law Group, Chartered, located in the nation’s capital, has bolstered its ranks with the return of an attorney who most recently served as senior pensions and employment counsel for the U.S. Senate Committee on Health, Education, Labor and Pensions.

  • June 26, 2015

    Judge Allows 1st-Ever Split In FCA Trial

    An Alabama federal judge on Thursday overruled a government objection and permitted the first known instance of a False Claims Act suit being tried in two parts, saying the defendant would be unfairly prejudiced otherwise.

  • June 26, 2015

    EEOC Trying To Duck Discovery In Race Bias Suit, BMW Says

    BMW Manufacturing Co. LLC has accused the U.S. Equal Opportunity Employment Commission of attempting to evade questions about its investigation into criminal background checks that the agency claims disproportionately affected the carmaker’s black employees.

  • June 26, 2015

    The Attorney Who Made The Case For Gay Marriage

    Perhaps no one awaited Friday's historic ruling on same-sex marriage quite like attorney Mary Bonauto, whose two-decade career pushing marriage legalization through the courts came to a head in April when she stood in front of the U.S. Supreme Court to argue on behalf of granting marital status to same-sex couples nationwide.

  • June 26, 2015

    High Court Backs Same-Sex Marriage In Landmark Ruling

    The U.S. Supreme Court on Friday ruled that there is a constitutional right to same-sex marriage under the 14th Amendment, striking down state-level bans on the practice.

Expert Analysis

  • A Recent Case Study In Surviving 'Quickie Elections'

    Charlie E. Feuss

    Though our client won the union election that transpired in its workplace under the National Labor Relations Board's "quickie election" rules and remains union-free, we believe this case will be the rare exception. This client was exceptionally well-prepared — most employers are not. Most employers will be caught flat-footed and totally unable to run a campaign in 13 days, say John Alden and Charlie Feuss of Kilpatrick Townsend & Stockton LLP.

  • Resolution Of PAGA Waiver Issue Reserved For Later Date

    Cary D. Sullivan

    The U.S. Supreme Court's denial of certiorari in Bridgestone Retail Operations LLC v. Brown does not indicate that the Supreme Court will ultimately allow the Iskanian decision to stand, as the court may grant cert in one of three pending Ninth Circuit cases after they are decided, say Cary Sullivan and Jaclyn Stahl at Jones Day LLP.

  • Title VII, The RFRA And Religious Accommodation Claims

    Mary S. McClatchey

    The U.S. Supreme Court’s recent decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. is a reminder that litigation over religious accommodation claims is increasing rapidly. In the employment law context, two federal laws now form the basis for religious accommodation claims — Title VII and the Religious Freedom Restoration Act, says Mary McClatchey of WorkSmart Partners.

  • NY Could Clarify Tortious Interference For Noncompetes

    Jonathan M. Cooper

    While it appears that tortious interference claims from employers in New York may remain viable when it comes to enforcing employee restrictive covenants, it would certainly benefit practitioners statewide if courts would make that clearer, says Jonathan Cooper of the Law Offices of Jonathan M. Cooper.

  • NLRB Franchise Scrutiny Comes To Staffing Agencies

    Bryan M. O’Keefe

    The National Labor Relations Board's pending decision in Miller & Anderson Inc. could lead to a breakdown of the successful economic partnerships between staffing agencies and employers. This is eerily similar to the wedge that is being driven between franchisors and franchisees in the ongoing litigation over the definition of "joint employer," says Bryan O’Keefe of Baker & Hostetler LLP.

  • 3rd Circ. Paves Way For Rising Structured Dismissal Use

    Nicholas F. Kajon

    The Third Circuit confirmation of a structured dismissal of the Chapter 11 case of Jevic Holding Corp. — which excluded certain priority wage claims in favor of lower-priority tax claims and general unsecured claims — will likely make structured dismissals more prevalent, at least in the Third Circuit, thereby providing another mechanism to resolve overlevered Chapter 11 cases, says Nicholas Kajon of Stevens & Lee PC.

  • Mass. At Last Acquiesces To High Court On Arbitration

    Robert M. Buchanan Jr.

    Despite initially holding out after the U.S. Supreme Court's ruling in AT&T Mobility LLC v. Concepcion, the Massachusetts Supreme Judicial Court realized it ultimately had no choice on arbitration. Machado v. System4 LLC is the latest case in which arbitration clauses have trumped Massachusetts public policy favoring class actions and a similar process will likely play out in other states, say Robert Buchanan Jr. and Jesse Siegel o... (continued)

  • 6th Circ. Hands A Landmark Victory To SOX Whistleblowers

    Jason Zuckerman

    The Sixth Circuit's recent ruling in Rhinehimer v. U.S. Bancorp Investments Inc. is an important development for corporate whistleblower rights in that it restores the original intent of whistleblower protections under the Sarbanes-Oxley Act. SOX whistleblowers now no longer need to jump through the additional hurdles imposed by the Platone standard, says Jason Zuckerman of Zuckerman Law.

  • In EEOC V. Abercrombie Ruling, A Wide Range Of Winners

    R. Scott Oswald

    Samantha Elauf is hardly the only winner in the U.S. Supreme Court's ruling in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. Indeed, as with every landmark employment decision from the Supreme Court, there are very few losers — not even Abercrombie itself, which still can defend its actions upon remand, if it so chooses, says R. Scott Oswald of The Employment Law Group PC.

  • Going Back To Basics On FCRA Background Checks

    Douglas B. Kauffman

    Recent guidance from the U.S. Equal Employment Opportunity Commission, greater scrutiny of employers barring job seekers due to criminal history, and class actions accusing companies of noncompliance with the Fair Credit Reporting Act should all have employers going back to basics on background checks and consumer reports, says Douglas Kauffman of Balch & Bingham LLP.