Employment

  • November 13, 2014

    A Curse On Both Attys, But No Sanctions, In FLSA Suit

    An Ohio federal judge declined to issue sanctions against defense counsel in a Fair Labor Standards Act and U.S. immigration law class action against a granite importer, saying that although the defense counsel’s behavior wasn’t appropriate, the plaintiff’s counsel also behaved poorly.

  • November 13, 2014

    Caltech Prof Files Whistleblower Suit Over Spying Reports

    A California Institute of Technology physics professor filed a whistleblower suit against the prestigious, science-focused university on Thursday, alleging administrators waged a four-year retaliatory campaign against her for telling FBI agents that she suspected an Israeli researcher who worked with her on a NASA project had committed espionage.

  • November 13, 2014

    Conde Nast Agrees To Settle Intern Class Action For $5.85M

    Conde Nast Publications agreed to pay $5.85 million to resolve a putative class action brought by two former interns at the New Yorker and W magazine who claimed they were unlawfully denied minimum wage, the plaintiffs told a New York federal court Thursday.

  • November 13, 2014

    GAO Says US Must Bolster Labor, Enviro Trade Oversight

    The U.S. Government Accountability Office urged the U.S. government to improve its monitoring of partners' adherence to labor and environmental commitments in bilateral and regional trade agreements, in a pair of reports released Thursday.

  • November 13, 2014

    DOL Defends Flip On Loan Officer OT Status At High Court

    The U.S. Department of Labor on Monday defended its 2010 reclassification of mortgage loan officers as eligible for overtime, telling the U.S. Supreme Court that federal agencies should not be required to go through a formal rule-making process to change interpretative rules.

  • November 13, 2014

    Dr. Reddy's Denied Quick Win In Consultant Noncompete Row

    A New Jersey judge has refused Dr. Reddy’s Laboratories Ltd.'s push to enforce noncompete restrictions against a former consultant on the development of a generic version of the hormone replacement drug Premarin, finding that disputes over the consulting contract preclude a quick win for the company.

  • November 13, 2014

    Anapol Schwartz Says It Got Records Fairly In Gay-Bias Suit

    Past employment records for an ex-Anapol Schwartz attorney who alleges that a culture of anti-gay bias derailed a lucrative job opportunity were not offered up during litigation in violation of a court order and could not be considered the basis for sanctions, the firm has claimed in a recent filing.

  • November 13, 2014

    Class Certified In GNC Wage Statement Suit

    A putative class of 7,000 current and former General Nutrition Corp. employees and several subclasses were certified by a California federal judge Wednesday in a suit accusing the retailer of providing inaccurate wage statements and other violations.

  • November 12, 2014

    Ralphs Gets Arbitration For Employee Break Class Action

    A California appeals court has ruled that the lead plaintiff in a proposed wage-and-hour class action against Ralphs Grocery Co. must have her legal claims decided by an arbitrator, saying the workers' bid to avoid arbitration was undermined by the state Supreme Court's Iskanian decision.

  • November 12, 2014

    Obama Yanks NLRB Pick Sharon Block, Taps Senate Lawyer

    President Barack Obama on Wednesday withdrew Sharon Block’s nomination to the National Labor Relations Board and tapped a Senate lawyer for the post after midterm elections passed Senate control to Republicans, who had urged Block to step aside following the U.S. Supreme Court's Noel Canning decision.

  • November 12, 2014

    Steelworkers Lodge NLRB Complaint Over Honeywell Lockout

    The United Steelworkers said Monday it had filed a National Labor Relations Board complaint against Honeywell International Inc., alleging the company violated federal labor law when it locked out union workers at a uranium conversion plant in Illinois.

  • November 12, 2014

    Halliburton Can't Reverse SOX Retaliation Ruling: 5th Circ.

    A Fifth Circuit panel on Wednesday denied Halliburton Inc.’s attempt to overturn a U.S. Department of Labor finding that it retaliated against a whistleblower by revealing his name in a document preservation notice, ruling an administrative board did not ignore Sarbanes-Oxley Act precedent.

  • November 12, 2014

    Gov't Staffing Contractor Escapes Whistleblower FCA Suit

    A Florida federal judge granted contractor Kforce Government Solutions Inc.'s motion to dismiss a former executive's False Claims Act suit, ruling that the invoices submitted by the staffing firm to the federal government were not themselves false or fraudulent.

  • November 12, 2014

    Apple Promises Year’s Biggest Data Dump In Bag Check Suit

    Apple Inc. told a California federal judge Wednesday that it has resolved a discovery fight with a putative class of retail workers who say Apple didn't pay them for time spent undergoing bag and gadget checks, promising “the most discovery Apple will produce in a case this year.”

  • November 12, 2014

    Fabrics Co. Sued For Nixing Medical Pot User's Internship

    A graduate student has slapped Rhode Island-based Darlington Fabrics Corp. with a disability bias suit claiming the fabrics maker violated state law by denying her a paid summer internship because she was a medical marijuana user, the ACLU of Rhode Island said Wednesday.

  • November 12, 2014

    Postal Workers Hit USPS With NLRB Charge Over Data Breach

    The American Postal Workers Union has lodged a complaint with the National Labor Relations Board accusing the U.S. Postal Service of failing to keep the union in the loop about a recently disclosed data breach that compromised some employees’ personal data.

  • November 12, 2014

    Home Health Co. To Pay $25M To Settle Medicare FCA Suit

    Tennessee-based CareAll Home Care Services LLC will pay $25 million to settle a whistleblower’s False Claims Act suit alleging it predetermined its desired profit margins and billed Medicare as much as needed to hit those targets, the U.S. Department of Justice announced Wednesday.

  • November 12, 2014

    VW Opens Door To Unions At Tenn. Plant

    Volkswagen AG on Wednesday announced a new labor policy that would open the door of the automaker's Chattanooga, Tennessee, plant to unions, a move that comes as the United Auto Workers continues its attempts to make inroads there.

  • November 12, 2014

    9th Circ. Says Twombly Applies To FLSA, Tosses OT Suit

    The Ninth Circuit on Wednesday affirmed the dismissal of a proposed class action accusing cable services installer Quality Communications Inc. of not paying overtime, clearing unsettled law by ruling that pleading specificity required under the Supreme Court's recent Twombly and Iqbal decisions applies to the Fair Labor Standards Act.

  • November 12, 2014

    EEOC Tells 6th Circ. Not To Slam Brakes On Ford ADA Case

    The U.S. Equal Employment Opportunity Commission urged the full Sixth Circuit to revive an Americans with Disabilities Act suit accusing Ford Motor Co. of failing to accommodate a worker with irritable bowel syndrome who wanted to telecommute, accusing Ford of mischaracterizing the agency's position.

Expert Analysis

  • Possible Paths President Obama Can Take On Immigration

    Valentine A. Brown

    Despite his critics' objections, there are several types of executive action President Obama can take to address the ongoing influx of undocumented immigrants at the U.S.' southern border, including speeding up the processing claims for employment-based green cards, improving temporary protected status and expanding parole in place, says Valentine Brown of Duane Morris LLP.

  • Sea Change In Labor Law Compliance For Gov't Contractors

    Lawrence Prosen

    While the language used in the recent executive order heightening government contractor reporting requirements for labor will undoubtedly raise challenges, issues and possible loopholes, the government's underlying intent is clear — comply with all labor laws and regulations or risk a finding of nonresponsibility, termination of contracts, suspension and even possible debarment, says Lawrence Prosen of Thompson Hine LLP.

  • Retail Employers Need To Know Pregnancy Accommodations

    Kevin A. Fritz

    With the U.S. Supreme Court to hear Young v. United Parcel Service Inc. and the U.S. Equal Employment Opportunity Commission's recent guidance on pregnant workers, retail employers may need to provide a variety of accommodations to pregnant employees before, during and after pregnancy, say Tracy Billows and Kevin Fritz of Seyfarth Shaw LLP.

  • Next Up For California Restaurants: Seats For Line Cooks?

    Michael S. Kun

    The California Supreme Court is poised to explain what an obscure “suitable seating” provision buried in the state’s wage orders means for employers — and the court’s ruling could mean that restaurants will have to provide seats to hosts, hostesses and line cooks, says Michael Kun of Epstein Becker & Green PC.

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • Spoiling To Get Out Of Spoliation Sanctions? Here's How

    Glen A. Kopp

    Recent sanctions levied in the putative class action Osberg v. Foot Locker Inc. serve as a potent reminder that adhering to data and document preservation requirements is imperative to avoiding spoliation sanctions, say Glen Kopp and Matthew Baker of Bracewell & Giuliani LLP.

  • Gloves Off, Glasses On: Google Glass In The Workplace

    Khurram Nasir Gore

    To address the privacy risks wearable technologies like Google Glass present, corporate legal departments must develop or revise existing accessible-use policies based on intended use by, for example, restricting third-party applications and recording features, say Khurram Nasir Gore and Frederick Lah of Reed Smith LLP.

  • Twists And Turns For Texas' Health Care Employers

    Robert D. Kilgore

    While Texas has a reputation for being an employer-friendly state, for health care employers it’s a mixed bag as physicians garner special treatment under state law regarding noncompete covenants, says Robert Kilgore of Fisher & Phillips LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.