A federal judge has blocked a Boston-based Bear Stearns Cos. executive from working for rival firm Morgan Stanley & Co. Inc., at least for now.
Starbucks Corp. has been hit with yet another proposed class action, this time in Minnesota state court, alleging that it wrongly shared tips between baristas and managers.
Drivers for FedEx Ground Package System Inc. scored a victory on Tuesday, when a judge certified classes of drivers from 19 states in their lawsuit to claim benefits for which they were deemed ineligible because of their status as independent contractors.
Sandia National Laboratories, which develops nuclear weapons parts for the U.S. Department of Energy, is facing a collective action for allegedly denying current and former employees overtime pay.
A women's basketball coach has been given another chance to pursue his suit against Clark College after he was fired from the Washington institution, allegedly for questioning the way the school handled the women's basketball program in comparison to the men's.
Starbucks Corp. has been hit with a class action alleging that it wrongly shared tips between baristas and managers, just days after the coffee chain was ordered to pay $105 million to California servers who levied similar charges.
Israeli medical device maker Lumenis Ltd. has sued four former employees for allegedly misappropriating its trade secrets and technology for use at their new company, Alma Lasers Ltd.
The union representing federal air traffic controllers filed suit on Friday against several government agencies, asking a court to confirm that the Federal Services Impasses Panel has jurisdiction over collective bargaining cases involving the Federal Aviation Administration.
Online brokerage firm ETrade Financial Corp. has sued two former employees and a Bank of America subsidiary for allegedly misappropriating trade secret information to poach its customers.
A federal appeals court has revived a racial discrimination and retaliation suit brought by a former Prada saleswoman against the luxury goods company, finding the lower court misinterpreted the definition of race under Section 1981 of the Civil Rights Act of 1866 in dismissing the suit.
A former Prudential employee in California has filed a proposed class action against the company, seeking back pay for overtime hours that he claims the company owes him and other financial sales associates.
A Haitian woman who was fired by Clifford Chance LLP in 2002 has reportedly sued the multinational firm for $75 million, claiming that she was the victim of racial discrimination and a campaign by the firm to blacklist her in the legal community.
The U.S. Supreme Court has declined to review a challenge to a controversial rule exempting employers from the Age Discrimination in Employment Act in coordinating employees' health benefits with Medicare.
The U.S. Department of Homeland Security renewed its push Friday to force employers to fire workers whose names don't match their Social Security numbers, continuing its quest to make the so-called no-match policy a law and denouncing a judge's decision last year to block the rule.
The largest jewelry store chain in the U.S. has been hit with a potential class action alleging that the company's managers discriminated against female employees when handing out both payment and promotions.
A federal appellate court has partially overturned a National Labor Relations Board ruling which found that executives at auto parts maker Stanadyne Automobile Corp. did not commit unfair labor practices in the weeks leading up to a union vote.
A World Mortgage Co. employee launched a proposed class action Monday, claiming the Wachovia subsidiary's failure to pay certain workers overtime violates both the Fair Labor Standards Act and the Employee Retirement Income Security Act.
In a case that could affect similar legislation proposed in 15 other states, U.S. Supreme Court justices appeared divided Wednesday over whether a California law can bar employers from using state funds to influence union-organizing activities.
FedEx Home Delivery has filed a brief in its appeal of a National Labor Relations Board decision that found the company had misclassified employees working out of two Massachusetts distribution centers as independent contractors.
A Tennessee appeals court dealt a blow to a major railroad company Friday, affirming a lower court's decision to award an ailing employee $5 million for illnesses he claimed to have contracted from his workplace exposure to hazardous materials.
FedEx Home Delivery’s recent successes in obtaining federal court and IRS rulings that its drivers are independent contractors because they are entrepreneurs may provide other companies a guide to structuring independent contractor relationships in order to withstand attempts to reclassify contractors as employees, says David Barmak of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
While asserting claims for trade secret theft under the Computer Fraud and Abuse Act has become increasingly common, plaintiffs should be aware that courts are increasingly less willing to simply find federal jurisdiction over employees who obtained confidential information by accessing their employer’s computer system if there were no limitations in place as to the computer information accessible, says Peter J. Toren of Kasowitz Benson Torres & Friedman LLP.
A recent opinion letter from the California Division of Labor Standards Enforcement on behalf of Labor Commissioner Angela Bradstreet signifies a shift in the DLSE's enforcement policy in favor of giving employers more flexibility by allowing them to implement vacation and sick leave policies that apportion paid time to partial-day absences of exempt employees, says Betsy Johnson of EpsteinBeckerGreen.
The U.S. Securities and Exchange Commission's recent amendments to the executive compensation and corporate governance disclosure requirements for publicly held companies reflect an effort to increase investor awareness of executive compensation practices and provide shareholders with a greater voice in their companies, says Gregory C. Schick of Sheppard Mullin Richter & Hampton LLP.
Now that the U.S. Supreme Court has decided to hear Quon v. Arch Wireless Operating Company Inc., the balance between the rights of government employers to manage their workplace on the one hand and an employee’s electronic privacy rights on the other will be recalibrated to meet the “operational realities” of our ever evolving electronic communication age, says Jesse M. Jauregui of Alston & Bird LLP.
Companies have undertaken unprecedented reductions in force in the last two years, and unemployment remains at a 26-year high. Even so, experts predict that the worst is over, and pockets of rehiring are beginning to pop up geographically and in certain industries — posing multiple complex questions of law for employers, say Linda G. Burwell and Terry W. Bonnette of Nemeth Burwell PC.
Contractors covered by the Service Contract Act are at the vortex of three high priorities for the Obama administration: significant increase in U.S. Department of Labor enforcement, their general anti-contractor agenda, and the attempts to “in-source” tens of thousands of service positions back in government, say Robert K. Tompkins and Douglas B. Mishkin of Patton Boggs LLP.
Health care suits in recent months have focused on off-the-clock claims, with particular attention to automatic meal break deductions. Other issues on the horizon include potential changes to the law on home health care workers and potential litigation over the inclusion of racketeering claims in health care wage and hour suits, say Randall D. Avram, David C. Lindsay and Michael T. Rosenberg of Kilpatrick Stockton LLP.
The U.S. Supreme Court recently heard oral arguments in the wage-and-hour class action, Hertz Corp. v. Friend. The court's decision will resolve the Circuit split of different tests and methods used to determine a corporation’s principal place of business, say Kimberly D. Baker and Arissa M. Peterson of Williams Kastner.
At worst, audits are perceived as a necessary evil that drain company resources and distract from the core activities of the business with little return. Global employment audits, however, can be extremely effective. The key is recognizing the traps, and conducting the audit with clear, realistic goals, planning and carefully focused inquiry, say Susan F. Eandi and Ute Krudewagen of Baker & McKenzie LLP.