Employment

  • October 23, 2014

    Honda Execs Take Pay Cuts Over Recall Problems

    Honda Motor Co. on Thursday said its CEO will take a 20 percent pay cut, with 12 other executives slashing their salaries by 10 percent, after the Japanese company announced a fifth recall this year of its Fit hybrid model.

  • October 23, 2014

    Florida Hospitals Face FCA Suit Over Kickback Scheme

    A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.

  • October 23, 2014

    Judge Questions Scope Of $75M NCAA Concussion Deal

    An Illinois federal judge on Thursday questioned why the NCAA’s proposed $75 million concussion settlement includes student-athletes who played noncontact sports such as archery, one of several concerns he raised as the organization and plaintiffs’ attorneys pressed him to grant the deal preliminary approval.

  • October 23, 2014

    Dodd-Frank Spares TD Ameritrade Worker Suit, 3rd Circ. Told

    The Third Circuit was urged Thursday to allow an ex-TD Ameritrade Inc. worker's whistleblower suit to proceed in court under a provision of the Dodd-Frank Act allowing would-be informants to void arbitration clauses in their employment agreements.

  • October 23, 2014

    3rd Circ. Urged To Revive Farmworkers' DOL Wage Challenge

    The Third Circuit was urged on Thursday to overturn a district judge’s decision that forthcoming changes to the U.S. Department of Labor’s rules for the calculation of wage levels for migrant farmworkers invalidated a lawsuit challenging the current way the government allows pay rates to be set.

  • October 23, 2014

    Wal-Mart Settles With EEOC Over Discriminatory Urine Test

    Wal-Mart Stores East LP has agreed to pay $72,500 to a job applicant who was denied a sales associate position because her end-state renal disease did not allow her to take a drug urinalysis test, the U.S. Equal Employment Opportunity Commission said Wednesday.

  • October 23, 2014

    Tesco Chairman To Exit As Accounting Error Jumps To $421M

    Tesco PLC Chairman Richard Broadbent said Thursday that he intends to leave his position after the embattled U.K. retail chain announced that the amount by which the company overstated its profits was 263 million pounds ($421.4 million), 5 percent more than what the company first reported.

  • October 23, 2014

    Reps. Seek Probe Of Jimmy John's Over Noncompetes

    Sandwich chain Jimmy John's came under scrutiny Wednesday when members of Congress asked the U.S. Department of Labor and the Federal Trade Commission to investigate reports that the company forces low-wage workers sign noncompete agreements, calling the practice anti-competitive.

  • October 22, 2014

    Union Blasts Trump Resorts' Bid To Stifle Communications

    An union representing employees at New Jersey's Trump Taj Mahal urged a Delaware bankruptcy judge Wednesday to reject a motion aimed at controlling its communications with casino customers, saying the relief sought by Trump Entertainment Resorts Inc. violates the Constitution and federal labor law.

  • October 22, 2014

    DaVita Finalizes $400M Settlement Over Kickback Claims

    Dialysis giant DaVita HealthCare Partners Inc. has finalized a record deal in which it will pay more than $400 million and unwind 11 joint ventures to resolve claims by a whistleblower that it provided kickbacks to kidney doctors, Phillips & Cohen LLP, which brought the suit, said Wednesday.

  • October 22, 2014

    Exxon Says Free Speech Right Nixes Worker's Defamation Suit

    ExxonMobil Pipeline Co. on Wednesday asked a Texas appellate court to throw out a fired employee’s defamation suit under a state free speech law, arguing that an internal conversation between the man’s supervisors was protected speech.

  • October 22, 2014

    Ex-Kline & Specter Atty Freed From Returning Referral Fees

    The Pennsylvania Superior Court overturned a trial court's order that a former Kline & Specter PC attorney must return more than $200,000 in referral fees for cases he took with him after leaving to found his own firm, saying Wednesday that the lower court had erred.

  • October 22, 2014

    NCAA Athletes Are Temporary Employees, FLSA Suit Says

    A former college soccer player slapped the National Collegiate Athletic Association and a slew of schools with a proposed Fair Labor Standards Act collective action in Indiana on Monday, contending that student athletes are temporary employees who must be paid at least minimum wage under federal law.

  • October 22, 2014

    Goldman Attacks Commonality Of Putative Gender Bias Class

    Goldman Sachs Group Inc. on Wednesday rejected the notion that women claiming a sexualized culture of discrimination damaged their pay and promotion prospects could band together in court, arguing the individual situations of more than 1,000 potential plaintiffs don't share common traits required for class certification.

  • October 22, 2014

    EEOC Alleges Long-Term Sexual Harassment At Maine Farm

    The U.S. Equal Employment Opportunity Commission on Tuesday hit a Maine farm and produce wholesaler with allegations that the business allowed a sexually hostile work environment and ignored female workers' complaints of groping and lewd comments from male co-workers.

  • October 22, 2014

    Judge Approves Bashas' $6.5M Settlement In Bias Suit

    An Arizona federal judge on Tuesday gave preliminary approval to Bashas' Inc.’s $6.5 million settlement with a class of Hispanic workers who accused the grocery chain owner of nearly a decade of discrimination by paying them less than white workers.

  • October 22, 2014

    Prophet Equity Says Insurer Owes $15M For Ex-Worker's Suit

    Prophet Equity LP filed a $15 million suit against Twin City Fire Insurance Co. in Texas court Tuesday, for allegedly breaching a policy by refusing to pay the private equity fund after it was sued by a former employee.

  • October 22, 2014

    2nd Circ. Upholds Ex-Union Leaders' Extortion Convictions

    The Second Circuit upheld the convictions Wednesday of three related ex-union leaders accused of taking part in a scheme to extort money from business owners, ruling the trial court didn't err by admitting evidence about reputed connections to the mafia.

  • October 22, 2014

    PAGA Divide May Push High Court To Take Up Iskanian Case

    Several federal judges have recently rejected the California Supreme Court's employee-friendly Iskanian ruling that workers can't waive representative Private Attorneys General Act claims through mandatory arbitration agreements, a trend lawyers say increases the chances that the U.S. Supreme Court may choose to weigh in.

  • October 22, 2014

    Bose McKinney Can't Shake $7.6M Malpractice Suit

    A Michigan federal court on Wednesday shot down Bose McKinney & Evans LLP and its tax service group head's request that the court reconsider its summary judgment decision, in Booth American Co.'s $7.6 million malpractice suit over a disputed pension plan indemnity agreement.

Expert Analysis

  • 3 Recent Labor Developments Likely To Affect Franchises

    Matthew D. Austin

    Labor unions are targeting franchisees and the restaurant industry as a whole, and they are not alone. Large corporate entities could see a domino effect in which the actions of a small group of employees open the doors to unionization among millions of workers under the corporate umbrella, says Matthew Austin of Roetzel & Andress LPA.

  • How Hobby Lobby Ruling Impacts Calif. Employers

    Mary P. Antoine

    The U.S. Supreme Court's decision in Burwell v. Hobby Lobby offers no ammunition to those seeking to challenge state-enacted contraception mandates, nor is it likely that a closely held California corporation could try to duplicate the results of the ruling. While some states have enacted copycat statutes based off the Religious Freedom Restoration Act, California is not among them, say attorneys at Nossaman LLP.

  • NLRB Poised To Change The Game At Private Schools

    Bryan R. Bienias

    Over the last few years, the National Labor Relations Board has stockpiled cases and solicited briefing on issues involving both religious schools and unionization efforts among adjunct faculty, graduate students and scholarship athletes. The NLRB's ultimate decision in these cases could fundamentally alter labor relations at private colleges and universities and spur organizing activity, say attorneys at Seyfarth Shaw LLP.

  • 5 Lessons For Employers From California V. Riley

    Philip L. Gordon

    Employers should note that the U.S. Supreme Court's recent ruling in California v. Riley does not affect their ability to search company-owned mobile devices. Because they own those devices, employers can establish as a condition of use that employees waive any expectation of privacy in information — whether business or personal — stored on the device, says Philip Gordon of Littler Mendelson PC.

  • Employer Takeaways From High Court's Hobby Lobby Ruling

    Alana K. Ackels

    Because the U.S. Supreme Court in Burnwell v. Hobby Lobby Stores Inc. so clearly narrowed its holding to four abortifacient contraceptive methods, it will be difficult for employers to argue that the holding should be expanded to warrant denying coverage for other medical procedures or drugs on the basis of religious beliefs, says Alana Ackels of Nunnally & Martin LLP.

  • Legal Forms And IP Rights: Yours, Mine, Ours Or Theirs?

    Linda Kaufman Gollub

    The practice of law has changed dramatically due to the mobility of employees, the consolidation and disintegration of firms, and the easy transfer of data with computerization and the Internet. While the need to create a contract to protect a client’s rights and interests is still paramount, the lawyer’s rights in the created document itself are becoming less protected, say Linda Kaufman Gollub of Kaufman Gollub LLC and Robert Pay... (continued)

  • EEOC Developments On Religious Rights, Background Checks

    Jessie E.R. Mischke

    Shortly after the U.S. Equal Employment Opportunity Commission released its guidance on religious rights in the workplace, the agency, along with the Federal Trade Commission, jointly published two other resources on employment background checks, signaling a continued, joint focus on prehiring tools and practices, say Melissa Raphan and Jessie Mischke of Dorsey & Whitney LLP.

  • A New Litigator's Guide — Top 5 Tips For Court Prep

    Renee D.K. Miller

    As a junior litigator, preparation for your first few hearings and trials can be a daunting and overwhelming experience. Here are five basic tips for new litigators preparing for those first few trials, say Renee Miller and Cabell Clay of Moore & Van Allen PLLC.

  • The ACA Still Has Its Day In Court, Now Over Subsidies

    Mark M. Trapp

    Challenges to the Affordable Care Act's tax credits and copayment subsidies continue to make their way through courts, with rulings expected soon. If a case were to reach the U.S. Supreme Court and it were to strike down the ACA's subsidies, states could establish their own exchanges to qualify for the established subsidies, say attorneys at Epstein Becker Green LLP.

  • Revisit Your Union Insignia Rules

    Cynthia K. Springer

    All employers can take lessons from the National Labor Relations Board's decision involving Healthbridge Management LLC. The case should serve as a reminder of the narrow "special circumstances" under which wearing and posting pro-union insignia can be banned, say Cynthia Springer and Matthew Brown of Faegre Baker Daniels LLP.