• September 15, 2015

    Texas Grocer Pays Immigrant Workers $416K In Back Wages

    A Texas supermarket has paid more than $416,000 in back wages to its employees after a U.S. Department of Labor investigation revealed that it failed to pay many of its workers the federal minimum wage and overtime, the Department of Labor said Tuesday.

  • September 15, 2015

    2nd Circ. Affirms Dismissal Of $400M Marriott Antitrust Suit

    The Second Circuit on Tuesday affirmed a lower court’s dismissal of a $400 million antitrust suit brought by the bankrupt owner of a Marriott International Inc. hotel on Manhattan’s Upper West Side against the corporate parent.

  • September 15, 2015

    The 4 Biggest Questions Facing Wage-And-Hour Attys

    With the U.S. Department of Labor shrinking overtime exemptions and independent contractor misclassification, interns flexing their legal muscles and technology changing the workplace at a mile a minute, wage-and-hour specialists have to grapple with questions that are as fast-evolving as they are crucial to the bottom line. Here, experts point to four begging questions about wage-and-hour law and offer tips to help employers address them. This is the second in a four-part series on big questions facing employment practitioners.

  • September 15, 2015

    Greenblatt Pierce Adds Ex-NJ County Prosecutor

    Pennsylvania and New Jersey-based Greenblatt Pierce Engle Funt and Flores LLC has strengthened its criminal defense practice in Southern New Jersey with the addition of a 26-year veteran of the Camden County Prosecutor's Office.

  • September 15, 2015

    Consol Energy Opposes Costs In 'Mark Of The Beast' Suit

    Consol Energy Inc. has asked a West Virginia federal court to pause consideration of the U.S. Equal Employment Opportunity Commission’s costs bid in the agency’s successful religious bias suit over the company’s use of biometric hand scanners, saying it intends to challenge the verdict.

  • September 15, 2015

    Athletes, NCAA Dispute $75M Concussion Deal Objections

    The group of student-athletes that struck a $75 million settlement deal with the NCAA in multidistrict litigation over concussion-related injuries, along with the NCAA itself, told an Illinois federal judge on Monday that objections raised about the settlement’s treatment of personal injury claims is unfounded.

  • September 15, 2015

    Former H-1B Worker Fights To Save Suit Against Firms

    A former H-1B worker who is accusing two Pennsylvania law firms of conspiring against him in proceedings surrounding his dismissal from his employer asked a federal judge Monday to perform an “independent review” of his claims and ignore a Third Circuit decision ending a related suit.

  • September 15, 2015

    US Asks Court To Trim Union Pacific Tax Refund Suit

    Union Pacific Railroad Co. waited too long to seek refunds of certain taxes paid in 1995 and 1996, the U.S. government told a Nebraska federal court Monday, asking that those years be trimmed from the company's suit that seeks more than $74 million in refunds.

  • September 15, 2015

    Employment Atty Rejoins Choate Hall After Stint At Littler

    An employment attorney with a specialty in whistleblowing and retaliation who left Choate Hall & Stewart LLP for Littler Mendelson PC has returned to the firm.

  • September 15, 2015

    NJ Judge's Family Tragedy Not Cause For Recusal, Attys Say

    Counsel for a New Jersey federal judge’s nephews fighting the murder-suicide determination on their parents’ cause of death urged the judge on Monday to not recuse himself from a putative labor class action in which the same law firm represents an oilfield inspection company.

  • September 15, 2015

    Cigna Fee-Forgiveness Suit Precluded, Surgery Centers Say

    Nearly a dozen Indiana surgical centers asked a federal judge Monday to dismiss Cigna Health and Life Insurance Co.’s allegations of a so-called fee forgiveness scheme to reel in Cigna plan subscribers and inflate out-of-network costs to the insurer, arguing rulings in similar cases preclude the claims.

  • September 15, 2015

    TWC, Comcast Face Fresh Complaint In $20B Bias Suit

    An African-American-owned media company has dropped its Ninth Circuit appeal of a California federal judge’s dismissal of a $20 billion racial bias suit against Time Warner Cable Inc. and Comcast Corp. after the district court judge allowed an amended complaint.

  • September 15, 2015

    Ex-GC Hits Armani With $75M Bias Suit During Fashion Week

    Giorgio Armani Corp. was slammed with a $75 million suit in the midst of New York Fashion Week by its former general counsel, who alleged in a Tuesday New York state court filing that he was discriminated against and fired for being Mexican and diagnosed with cancer.

  • September 15, 2015

    Pizza Hut Says Drivers Don't Need Quick Appeal In Wage Row

    Pizza Hut of America Inc. said Friday that letting Florida delivery drivers immediately appeal the partial dismissal of their expense-reimbursement suit would just waste time, since the Eleventh Circuit recently reaffirmed that a previously dismissed class action doesn't extend the statute of limitations for putative class members. 

  • September 14, 2015

    DOJ Gets Back Pay For Returning Soldier Not Re-Employed

    The U.S. Department of Justice reached a settlement on behalf of a National Guard sergeant who returned from military deployment last year and wasn’t rehired at her former workplace, a violation of the Uniformed Services Employment and Re-employment Rights Act, the department said Monday.

  • September 14, 2015

    Radio DJ Says Taylor Swift Lied And Got Him Fired

    A former Colorado radio DJ has sued Taylor Swift, saying that her claims that he touched her inappropriately during a meet-and-greet before a concert cost him his job, according to a suit removed to federal court.

  • September 14, 2015

    SunPower's Trade Secrets Suit Against SunEdison Tossed

    A California federal judge on Friday dismissed a trade secrets lawsuit brought by SunPower Corp. accusing rival SunEdison Inc. of hiring former SunPower employees who allegedly stole dealer information, saying the Computer Fraud and Abuse Act is an anti-hacking statute not a misappropriation law.

  • September 14, 2015

    Roundy's Lengthy Union Access Case Fizzles At NLRB

    A protracted National Labor Relations Board battle involving supermarket chain Roundy's Inc. concerning employers' ability to ban union agents from their property has wrapped up with the union behind the case withdrawing its case, an attorney for Roundy's said on Monday.

  • September 14, 2015

    Costco Says EEOC's Sexual Harassment Suit Should Be Nixed

    Costco Wholesale Corp. told an Illinois federal court Friday that it took swift action to stop the alleged sexual harassment of one of its employees and that the U.S. Equal Employment Opportunity Commission shouldn’t be able to pursue its suit alleging the retailer fostered a hostile work environment.

  • September 14, 2015

    Insurer Says Mass. High Court Needn't Hear Atty Conflict Row

    Mount Vernon Fire Insurance Co. urged the First Circuit to reject insured VisionAid Inc.'s bid for Massachusetts high court guidance on an alleged attorney conflict of interest in a row accusing a fired executive of stealing $400,000, saying Friday that a district court already denied the request.

Expert Analysis

  • Whistleblower Bounties In The Automotive Industry

    Steven J. Pearlman

    The Motor Vehicle Safety Whistleblower Act reflects the approach legislators have taken to championing whistleblowing in several areas and, similar to the U.S. Securities and Exchange Commission's bounty program, the bill essentially deputizes private citizens, apparently operating on the assumption that encouraging whistleblowing fosters early detection and enhances enforcement, say Steven Pearlman and Amanda Wiley of Proskauer Rose LLP.

  • Gawker Going Union May Not Be Last For Labor In Media

    Dr. Bonnie S. Brennen

    Understanding the history of the American Newspaper Guild can provide us with guidance about the future of labor unions in American media after the recent vote by Gawker Media LLC workers to unionize. Despite tectonic shifts in media technology, working conditions for journalists are actually quite similar to those faced in the 1930s, when reporters first started to unionize, says Bonnie Brennen, Nieman professor of journalism at M... (continued)

  • Why Law Firms Collapse

    John D. Morley

    The leaders of the collapsed law firm Dewey & LeBoeuf are on trial and each new day of testimony delivers more damning evidence about how they built a massive financial fraud. The real cause of Dewey’s collapse, however, was not financial fraud. The more serious problem was that Dewey — like all American law firms — had deep cracks in its organizational structure, says John Morley, associate professor of law at Yale Law School.

  • Pa. High Court Clarifies Employer Liability Exclusions

    Lon A. Berk

    The Supreme Court of Pennsylvania's ruling in Mutual Benefit Insurance Co. v. Politsopoulos makes clear that companies added as additional insureds under another’s insurance policy in connection with a business relationship are covered under that policy for claims by employees of the named insured, say Lon Berk and Sergio Oehninger of Hunton & Williams LLP.

  • Measuring Midstream Noncompetes In Midwestern Courts

    Robert R. Duda Jr.

    The Wisconsin Supreme Court's ruling in Runzheimer International Ltd. v. Friedlen is part of a growing trend among courts focusing on whether continued employment alone constitutes adequate consideration for competition restrictions, something that's received significant attention in neighboring Illinois, say Robert Duda Jr. and Terry Smith of Faegre Baker Daniels LLP.

  • Back To The Future With HazCom 2012, Circa 2015

    Lisa W. Stone

    Despite being 2015, many companies are just now grappling with the 2012 amendments to the Occupational Safety and Health Administration's hazard communication standard, which recently went into effect. OSHA's standard is far-reaching and many companies have discovered it can be difficult to meet and even require information from third parties that may not be forthcoming, says Lisa Stone of VLP Law Group LLP.

  • Should Your Company Indemnify Its Import Manager?

    John M. Peterson

    Recent court decisions, like in the Trek Leather case, have made an already scary importing environment even scarier. Corporate employees working in import operations are increasingly subject to external pressures and liability concerns. Employers ignore these conditions at their peril, says John Peterson of Neville Peterson LLP.

  • How US Cos. May Owe UK Taxes From Informal Arrangements

    Mathew Oliver

    Many U.S. companies seeking to expand into Europe may want to dip their toes into the market by hiring a local consultant or employee without establishing a local office or other physical presence. There are, however, potential tax implications arising from such informal arrangements, says Mathew Oliver of Bird & Bird.

  • A 5-Point Plan To Save Our Juries

    Mark Robinson

    The civil jury trial has virtually disappeared in the U.K. and it’s vanishing in Canada. It will vanish here too if we don’t act. The biggest asset we have in our fight to save the system is the pool of jurors who have served and enjoyed a positive experience, say Mark Robinson, Gilbert Dickinson, Harry Widmann and Lewis Sifford, co-chairmen of Save Our Juries.

  • No Rest For The Workers: Calif.'s Day-Of-Rest Law

    Danielle Kleinman

    The last of three certified questions in Mendoza v. Nordstrom Inc. before the California Supreme Court — what it means to “cause” an employee to work more than six days — may have the most profound effect on wage-and-hour class actions in the state, with particular impact on the retail and hospitality sectors, say Danielle Kleinman and Cameron Cloar-Zavaleta of Nixon Peabody LLP.