Employment

  • September 16, 2014

    Black & Decker Shells Out $5M To Settle Wage Class Action

    Stanley Black & Decker Inc. and a slew of its subsidiaries agreed to pay nearly $5 million in California federal court on Monday to settle a proposed class action accusing the power tool company of depriving field technicians of proper wages, as well as failing to give hundreds of workers accurate pay stubs.

  • September 16, 2014

    Detroit Creditors Give Ground To Seal Syncora Deal

    The city of Detroit has secured the concessions it needed from retirees and certain bondholders to seal a settlement that will end Syncora Holdings Ltd.’s objections to its Chapter 9 restructuring plan, a source with knowledge of the situation said Tuesday.

  • September 15, 2014

    Washington Farm Faces EEOC Pregnancy Bias Suit

    The U.S. Equal Employment Opportunity Commission on Monday lodged a complaint against Tiny’s Organic LLC in Washington federal court, alleging the family-owned farm unlawfully fired a worker because of her pregnancy. 

  • September 15, 2014

    CNN Must Rehire 100 Union Workers, NLRB Says

    The National Labor Relations Board on Monday ordered CNN America Inc. to rehire about 100 union workers fired in a 2003 reorganization and pay back wages to about 200 who stayed with the network, ruling it had ended a union contract out of antiunion animus.

  • September 15, 2014

    Judge Koh Urged To Take On DreamWorks Anti-Poaching Suit

    An ex-Sony Pictures Animation technical director asked a California federal judge on Monday to relate with the massive Google Inc. antitrust action she is overseeing, his proposed class action accusing DreamWorks Animation SKG Inc., The Walt Disney Co. and others of conspiring to not poach each other’s animators.

  • September 15, 2014

    DHL Pension Change Didn't Violate ERISA, 9th Circ. Says

    The Ninth Circuit on Monday ruled that DHL Holdings USA Inc. didn't violate the Employee Retirement Income Security Act by blocking pension plan participants from transferring their account balances from a defined contribution plan to a defined benefit plan.

  • September 15, 2014

    Use 'Big Data' With Caution, EEOC Counsel Urges Employers

    A U.S. Equal Employment Opportunity Commission official on Monday warned that longstanding employment laws could be easily applied to employers' increasing use of "big data" but that companies could diminish liability risks by keeping detailed records of how they are using data and avoiding social media profiles.

  • September 15, 2014

    Shoe Giant DSW Pays $900K To End EEOC Age Bias Row

    Discount shoe retailer DSW Inc. will fork over $900,000 to settle the U.S. Equal Employment Opportunity Commission’s suit accusing it of terminating a class of employees over the age of 40 and firing other employees for opposing its age discrimination practice, according to a Monday filing in Illinois federal court.

  • September 15, 2014

    EEOC Hits Texas Pharmacy With Pregnancy Bias Suit

    The U.S. Equal Employment Opportunity Commission on Monday launched a federal lawsuit against a Texas pharmacy, accusing the company’s president of illegally discriminating against a pair of pregnant employees.

  • September 15, 2014

    ConocoPhillips Urges Court To Throw Out Exec Pay Suit

    ConocoPhillips Co. on Friday asked a Delaware federal court to accept a magistrate judge’s recommendation to throw out a derivative suit challenging the company’s executive pay plan that purportedly breaches tax and securities rules, saying the plaintiffs had failed to specifically allege a misstatement or omission in a proxy statement.

  • September 15, 2014

    7th Circ. Puts Indiana Same-Sex Marriage Ruling On Hold

    The Seventh Circuit granted Indiana's attorney general a stay on Monday that blocked its ruling invalidating the state's ban on same-sex marriage from taking effect until the U.S. Supreme Court takes action on the state's petition to have the appeals court ruling overturned. 

  • September 15, 2014

    Ex-Wentworth Execs' $2.5M Discrimination Award Gets Nixed

    The Wentworth Group won an appeal Monday of a $2.5 million jury verdict for racial discrimination over the firing of two executives, with a New Jersey appeals court finding that a lower court should have addressed a plaintiffs' noncompliance with a subpoena notice during trial.

  • September 15, 2014

    FINRA Rules On Deutsche Bank Employment Practices

    The Financial Industry Regulatory Authority on Friday agreed to let former Deutsche Bank AG employees solicit bank clients after a shortened period after the employees alleged they left the bank’s financial advisory unit because it was using “shady” practices.

  • September 15, 2014

    Fla. AG Moves To Join 4 Gay Marriage Suits To Cut Confusion

    Florida Attorney General Pam Bondi moved to intervene Friday in four cases challenging the state's ban on same-sex marriage, saying her office's clear involvement is needed to promote an “orderly and consistent resolution” to the common issue running through them.

  • September 15, 2014

    Epstein Becker Seeks Toss Of Oncologist's Malpractice Suit

    Epstein Becker & Green PC has asked a Texas state court to throw out a malpractice suit brought by a Houston oncologist who says the firm should not have released a document that was used by the former general counsel of his clinic in employment litigation.

  • September 15, 2014

    Noel Canning Halts NLRB's Appeal, New Vista Tells 3rd Circ.

    New Vista Nursing and Rehabilitation LLC urged the Third Circuit on Monday to table the rehearing of a National Labor Relations Board appeal in an unfair labor practices dispute because two agency orders at issue involve two agency members found to be invalidly appointed in the U.S. Supreme Court's blockbuster Noel Canning ruling.

  • September 15, 2014

    Super-Sized Class Nixed In McDonald's Minimum Wage Suits

    A Michigan federal judge refused Monday to grant conditional collective action certification to workers who claimed McDonald's Corp. and franchisees failed to pay them minimum wage, saying that differences among the workers in the “very large” class doomed their bid for collective treatment.

  • September 15, 2014

    Ex-Citi Worker Says DR Horton Dooms Bid For Arbitration

    A former Citicorp Credit Services Inc. employee told an Idaho federal court on Friday that it properly relied on the National Labor Relations Board’s D.R. Horton decision to deny the bank’s bid to compel arbitration in a putative class and collective action wage suit.

  • September 15, 2014

    Workers In No-Poach Tech Case Say Pacts Were Per Se Illegal

    Software engineer plaintiffs in the antitrust class action accusing Google Inc., Apple Inc. and other major technology companies of agreeing not to hire each other's employees argued on Friday that the agreements should be presumed illegal under the per se standard, saying the companies mischaracterized the rule’s scope.

  • September 15, 2014

    Ex-McCarthy Atty Cites Privilege In $1.4M Dreier Fee Row

    A former Diamond McCarthy LLP partner told a Texas state court Friday that the firm is attempting to bypass the attorney-client privilege by forcing impermissible discovery in a $1.4 million breach of contract suit over fees she generated as Dreier LLP’s Chapter 11 trustee.

Expert Analysis

  • Free And Clear Of Successor Liability Claims

    Christopher Hopkins

    The Delaware bankruptcy court’s holding in the case of Ormet Corp. that the express provisions of Section 363(f) are not trumped by the policy considerations embodied in the Employee Retirement Income Security Act and the Multiemployer Pension Plan Amendments Act should give comfort to debtors and purchasers of assets in a free-and-clear sale, says Christopher Hopkins of Weil Gotshal & Manges LLP.

  • 8th Circ. Provides Guidance On FCA Public Disclosure Bar

    Joe Dosch

    The Eighth Circuit recently affirmed the dismissal of a qui tam False Claims Act suit in Paulos v. Stryker Corp. and in doing so offered helpful guidance regarding the proper application of the public disclosure bar, while highlighting an open issue regarding public disclosure, say Scott Stein and Joe Dosch of Sidley Austin LLP.

  • A Clash Of Cultures: Employee Committees In The US

    Douglas A. Darch

    Management should proceed with caution when a union agrees to the establishment of a European-style works council and cedes its bargaining authority to the council because a union is free at any time — including during the term of a collective agreement — to void its agreement without violating U.S. labor laws, say Alexander Wolff and Douglas Darch of Baker & McKenzie.

  • Staying Union-Free Requires Proactive Steps By Employers

    Michael W. Groebe

    While congressional assistance for union organizing is not likely forthcoming, the United Auto Workers did not raise dues for the first time in decades just to sit back and allow its membership numbers to continue to dwindle — increases in organizing efforts are on the way, says Michael Groebe of Foley & Lardner LLP.

  • Prepare For The Wave Of FCRA Class Actions

    Stephanie A. Sheridan

    To minimize exposure to the recent influx of Fair Credit Reporting Act complaints it is best to use a properly worded stand-alone document and keep all other content in the employment application form separate and distinct, say Stephanie Sheridan and Denise Trani-Morris of Sedgwick LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Structuring Equity Compensation Options For Partnerships

    Colleen Hart

    Ultimately, it is possible to establish an equity plan for a publicly traded partnership that is a reasonable facsimile of equity plans established by corporations — from the perspective of the employee or other service provider, the grants and mechanics are likely to appear very similar, says Colleen Hart of Proskauer Rose LLP.

  • Consider Hearsay Issues Before A Rule 30(b)(6) Deposition

    Susan F. DiCicco

    To avoid the risk of multiple depositions or inadmissible testimony, all counsel should focus prior to a deposition — and before designating a witness — on knowledge and hearsay issues that may arise at Rule 30(b)(6) depositions, say Susan DiCicco and Stephen Scotch-Marmo of Bingham McCutchen LLP.

  • Law Firms May Be Violating Copyrights

    Roy Kaufman

    On average, a legal professional forwards content to 14 different people per week. Yet many attorneys and staff lack an understanding of copyright and their firm’s specific policies regarding shared third-party materials, says Roy Kaufman of Copyright Clearance Center.

  • 2 Calif. Cases Professional Liability Insurers Must Know

    James P. Koelzer

    MacRae v. HCR Manor Care Services could be seen as helpful to professional liability insurers because it makes the applicable standard for nursing hours per patient day clear, while also making it more difficult for residents to assert class action claims against these type of facilities, say James Koelzer and Charles Cannizzaro of Robins Kaplan Miller & Ciresi LLP.