Employment

  • October 2, 2014

    Panasonic Unit Uses Incomplete Wage Statements, Class Says

    A unit of Panasonic Corp. that makes in-flight entertainment systems for airlines was slapped with a class action in California state court Tuesday alleging it doesn't provide workers with wage statements that accurately reflect either their pay rates or the number of hours they've logged.

  • October 2, 2014

    High Court To Hear EEOC Challenge In Abercrombie Hijab Row

    The U.S. Supreme Court said Thursday that it will hear the U.S. Equal Employment Opportunity Commission's appeal over whether Abercrombie & Fitch Stores Inc.'s decision to pass on hiring a Muslim woman who wore a black headscarf to a job interview violates a federal law against religious discrimination.

  • October 1, 2014

    Stockton Ch. 9 Judge Rules Cities Can Cut Pensions

    The judge presiding over Stockton, California’s bankruptcy said Wednesday that the city can cut its pension obligations to the California Public Employees' Retirement System, a monumental decision that could reshape municipal insolvencies in the state.

  • October 1, 2014

    EEOC Fires Off 2nd-Ever ADA Suit Over Co. Wellness Program

    A plastics manufacturer illegally required its worker to either undergo a health risk assessment and biometric test or suffer costly consequences, the U.S. Equal Employment Opportunity Commission alleged Tuesday in its second Americans with Disabilities Act suit over a company wellness program.

  • October 1, 2014

    EEOC’s Laundry Worker Sex Harassment Case Left Intact

    A New York federal judge refused Wednesday to toss hostile work environment claims from Suffolk Laundry Services Inc. workers who said they were repeatedly sexually harassed, leaving intact a case being pursued by several women and the U.S. Equal Employment Opportunity Commission.

  • October 1, 2014

    10th Circ. Dow Ruling Shows Class Actions Alive And Well

    The Tenth Circuit's recent decision to uphold a $1 billion judgment against Dow Chemical Corp. in an antitrust class action shows that plaintiffs can still clear the U.S. Supreme Court's heightened bar for class certification with detailed analysis tying their injuries to the alleged wrongdoing, attorneys say.

  • October 1, 2014

    NYC Living Wage Order Looms Over Restaurant, Retail Deals

    A mayoral executive order signed on Tuesday raising the minimum wage for certain subsidized building projects in New York City is expected to chill restaurant, bar and retail lease deals for those properties and raises new liability issues for those businesses, attorneys say.

  • October 1, 2014

    Dura Auto Workers Want 6th Circ. To Rehear Drug Test Case

    Workers for Dura Automotive Systems Inc. on Tuesday urged the Sixth Circuit to grant an en banc rehearing in their lawsuit over employee drug testing, saying an appellate panel had erred in finding that Dura's requirements didn't constitute medical exams or disability-related inquiries under the Americans with Disabilities Act.

  • October 1, 2014

    New York Power Co. Zapped With $7M Asbestos Verdict

    A New York state jury has blasted National Grid Generation LLC, the successor to Long Island Lighting Co., with a $7 million verdict in a lawsuit claiming a contractor developed terminal cancer as a result of being exposed to asbestos during construction of a power station.

  • October 1, 2014

    7th Circ. Rightly Nixed $9M FCA Verdict, Nursing Home Says

    An Illinois nursing home on Wednesday urged the Seventh Circuit not to reconsider its panel decision overturning a $9 million False Claims Act judgment against the company, saying whistleblowers had failed to prove even a single false claim.

  • October 1, 2014

    Daimler Plant Under Fire For Alleged Racial Discrimination

    Oregon’s labor commissioner on Wednesday accused Daimler Trucks North America LLC of allowing racial discrimination at a Portland plant, alleging white workers used racial slurs and sabotaged minorities’ work, causing some to get fired. 

  • October 1, 2014

    EEOC Taps New Chief For Cleveland Outpost

    The U.S. Equal Employment Opportunity Commission on Tuesday announced that a longtime staffer will take charge of the agency's Cleveland field office.

  • October 1, 2014

    Paul Hastings Can't Undo DQ In Toshiba Secrets Row

    A California appeals court on Tuesday refused to undo an order blocking Paul Hastings LLP from representing a Korean semiconductor company in trade secrets litigation brought by Toshiba Corp. and SanDisk Inc., after a judge found the firm was conflicted out of the case.

  • October 1, 2014

    NLRB Faults Cleaning Co. For Not Hiring Union Workers

    The National Labor Relations Board on Tuesday faulted a company that took over a janitorial services contract for refusing to hire unionized workers to clean, and also overturned a standard used in applying the appropriate remedy in similar successorship cases.

  • October 1, 2014

    Ex-Perdue Worker's Same-Sex Harassment Case Falls Short

    A Delaware federal judge threw out a same-sex harassment and retaliation suit against Perdue Farms Inc. Tuesday, finding that a former worker hadn't backed up his allegations with sufficient evidence showing that his alleged harassers were gay and desired him sexually. 

  • October 1, 2014

    Covidien Unit Escapes FCA Suit Over Off-Label Marketing

    A Massachusetts federal judge on Tuesday tossed a whistleblower’s False Claims Act suit accusing a Covidien Ltd. subsidiary of, among other things, promoting off-label uses for its blood-blockage device, saying the suit was precluded by the public disclosure bar and a lack of evidence.

  • October 1, 2014

    EEOC Hits Texas Oilfield Co. Over Alleged Sex Bias

    The U.S. Equal Employment Opportunity Commission on Tuesday sued a Texas oilfield services company, alleging the business fired its only female roustabout employee after she complained of sexual harassment.

  • October 1, 2014

    Casino Expansion Can't Be Rush Job, NJ Senate Chief Says

    The powerful head of the New Jersey Senate told Law360 that he could support a constitutional amendment to expand casino gambling but that clashes over pension funding and finding money to support transportation infrastructure are among the most pressing concerns for his house in the coming months.

  • October 1, 2014

    Mayer Brown Snags Veteran ERISA Atty From McDermott

    Global law firm Mayer Brown has announced it has hired a notable McDermott Will & Emery LLP litigator as partner to bolster its employment and Employment Retirement Income Security Act litigation practice in Chicago.

  • September 30, 2014

    Burger King Franchisee’s Policies Ripped By NLRB Judge

    A Detroit-area Burger King franchisee's policies barring off duty workers from being on its premises and prohibiting solicitation are unlawful, a National Labor Relations Board judge said Monday, panning the argument that the rules were justified because the restaurants were in high-crime areas.

Expert Analysis

  • UK-Based LLP Partners Now Enjoy More Protections

    Sharon Tan

    The crux of the debate in Bates van Winklehof v. Clyde & Co LLP was whether a partner could be considered a “worker” under U.K. law. The U.K. Supreme Court's holding will have potentially wide-reaching implications for LLPs with U.K.-based partners, say Katie Clark and Sharon Tan of McDermott Will & Emery LLP.

  • Calif. May Force Emergency Medical Equipment On Retailers

    Caroline Burnett

    The California Supreme Court will soon issue its ruling in Verdugo v. Target Stores, which concerns whether it is necessary for retailers to have an automatic external defibrillator onsite in case of medical emergency. The decision could open a Pandora’s box, leaving large retailers open to lawsuits for not having AEDs — or possibly other emergency medical devices — available, say Jeffrey Tanenbaum and Caroline Burnett of Nixon Peabody LLP.

  • How To Manage Risks And Costs Of Custodial Data

    Anthony Diana

    The implications of a decentralized and ad hoc approach to managing custodial data — data associated primarily or exclusively with one individual employee — may be profound, especially given today’s heightened sensitivities toward data security. Appropriate identity management can help an organization improve security, simplify legal and regulatory compliance and enhance business opportunities, say Anthony Diana and Therese Craparo... (continued)

  • Heller Ruling May Be Knockout Punch Against Jewel Claims

    Robert L. Eisenbach III

    It’s not an overstatement to say that a California district judge’s decision last week in the Heller Ehrman LLP bankruptcy case essentially dismantles the applicability of Jewel v. Boxer to insolvent or bankrupt law firms. If upheld after any appeal and followed by other courts, the decision could mark the end of California “unfinished business” claims against law firms in the noncontingency, hourly fee context, says Robert Eisenba... (continued)

  • Still The Fastest Justice Anywhere

    Robert M. Tata

    What fuels the Eastern District of Virginia “Rocket Docket” more than 50 years after the reputation was first earned? We asked some of the judges, says Robert Tata, managing partner in Hunton & Williams LLP's Norfolk, Virginia, office.

  • Calif. High Court Ruling Changes Class Action Landscape

    Aramide O. Fields

    The California Supreme Court's unanimous ruling in Duran v. U.S. Bank National Association will affect every type of class action in the state — it may even impact class actions pending in federal court, say William Stern and Aramide Fields of Morrison & Foerster LLP.

  • Weighing The Proposed Federal Trade Secrets Law

    Steve Borgman

    Although a federal trade secrets act may have many theoretical advantages, it may not actually bring uniformity or provide a more effective forum. Notably, the proposed Defend Trade Secrets Act does not preempt state trade secret laws and would simply add another law to the stack of trade secrets statutes already in place, undermining its intended purpose of bringing uniformity, say Steve Borgman and Janice Ta of Vinson & Elkins LLP.

  • Philadelphia Minimum Wage Rises With Other Cities, States

    Lucretia C. Clemons

    Philadelphia Mayor Michael Nutter recently answered President Obama’s call for governors and mayors to take action to raise the minimum wage for workers. Mayor Nutter's executive order will have an immediate effect on both city contractors and subcontractors that have a first-tier subcontract, say Lucretia Clemons and Erin Clarke of Ballard Spahr LLP.

  • Buyer Beware: NLRB Turns Its Attention To Successor Cases

    Dianne Rose LaRocca

    A recent announcement by the National Labor Relations Board’s general counsel indicates that the NLRB now may pay increased attention to and more often seek injunctions in successor refusal-to-bargain and refusal-to-hire cases. But, notably, there are circumstances in which such conduct is perfectly lawful, say attorneys with DLA Piper.

  • Adopt Value Or Be Left In The Ash Heap Of History

    Amar D. Sarwal

    Too many firms chase the dream of being one of the dozen or so full-service, cross-border firms that ostensibly will have pricing flexibility, because corporate clients will hire them for the occasional “bet the company” case. The perception that these cross-border firms will be forever immune to market realities is just plain wrong, says Amar Sarwal, chief legal strategist at the Association of Corporate Counsel.