Employment

  • August 4, 2015

    Apple Security Check Wage Suit Fires Up In Philly

    Former Apple Inc. employees launched a putative class action Monday over alleged state minimum wage violations, telling a Philadelphia County court that the technology giant does not compensate hourly workers for the time they spend going through security checks during each shift.

  • August 4, 2015

    NHL Player’s Family Fights For Stay In Head Injury Suit

    The parents of late professional hockey player Derek Boogaard asked an Illinois federal judge Tuesday for time to amend their suit against the National Hockey League over their son’s head injuries and drug addiction to include newly discovered evidence and testimony from ongoing multidistrict litigation against the league.

  • August 4, 2015

    Davis Wright Adds Employment Class Action Pro In Calif.

    Davis Wright Tremaine LLP bolstered its labor and employment practice with a San Francisco-based partner from Miller Law Group LLC who has more than three decades of experience representing employers in class actions and single-plaintiff litigation, the firm said Monday.

  • August 4, 2015

    NLRB Slaps Bus Co. For 'Veiled Threat' Before Union Vote

    The National Labor Relations Board on Monday ruled that a Student Transportation of America Inc. executive’s "veiled threat," ahead of a union election, that increased costs could mean loss of a bargaining unit's only client might have sullied the vote, ordering a re-tally or possibly a new election.

  • August 4, 2015

    HomeTown Buffet Serves Up $2M Deal In Wage Dispute

    HomeTown Buffet and Old Country Buffet will fork over $2 million to settle a proposed California class action brought by workers who claim the restaurants failed to provide breaks or reimburse employees for gas mileage, according to a Monday federal court filing.

  • August 4, 2015

    Ex-Player Says Disability Came From NFL In Benefit Row

    Former NFL player Christopher Hudson sued the NFL players’ union in Mississippi federal court Monday, claiming the union wrongly refused to classify his medical disability as traceable to his football career for purposes of calculating his benefits.

  • August 4, 2015

    Axed L'Oreal Patent Atty Defends Whistleblower Suit

    L'Oreal USA Inc. took fire Monday for attempting to torpedo allegations it axed an in-house patent attorney for protesting a policy that encouraged frivolous patent applications, with the lawyer telling a New Jersey federal court he provided sufficient grist for a whistleblower claim.

  • August 4, 2015

    Judge Slams Pretrial ‘Squabbles’ In $3.35B Novartis FCA Suit

    The New York federal judge overseeing a $3.35 billion False Claims Act case against Novartis Pharmaceutical Corp. had harsh words Monday for attorneys positioning for the upcoming trial, warning she would not referee their scheduling “squabbles.”

  • August 4, 2015

    Scarinci Hollenbeck, Ballon Stoll Share NYC Space

    Scarinci Hollenbeck LLP has relocated its New York City outpost to the Times Square headquarters of Ballon Stoll Bader & Nadler PC, a move both firms say will allow collaboration and improve client services.

  • August 4, 2015

    Judge Throws Out EEOC Race Bias Case Against AutoZone

    An Illinois federal judge on Tuesday dismissed the U.S. Equal Employment Opportunity Commission’s racial discrimination suit against AutoZone Inc., ruling that the agency failed to show any evidence to back its claims that the company intentionally segregated and classified its workers based on race.

  • August 4, 2015

    Ex-Massey CEO Can't Ban Explosion Evidence In Trial: Feds

    Federal prosecutors fought back Monday against ex-Massey Energy CEO Don Blankenship's motion to bar an array of evidence from his trial over safety failures that they say led to a 29-death explosion, but told the judge they won't attempt to convince jurors of the explosion's cause.

  • August 4, 2015

    LA Utility Stole Bidding System Trade Secrets, Suit Says

    Office Future Systems Inc. has sued the Los Angeles Department of Water and Power, alleging it terminated a contract for an online e-commerce bidding system and then misappropriated the company's trade secrets by using its former chief of technology to develop a duplicate system.

  • August 4, 2015

    Car Dealer Owed Union Recognition To Displaced Mechanics

    The D.C. Circuit on Tuesday rejected a car dealership owner’s argument that he had no choice but to withdraw recognition of a mechanics’ union after he forcibly relocated six workers to a nearby dealership and closed down the workers' former workplace, absorbing them into a non-union pool of employees.

  • August 4, 2015

    Ex-Soccer Star Says NY Cosmos Can't Duck Firing Suit

    Former soccer star Eric Cantona urged a New York federal judge Monday not to toss his breach-of-contract suit against New York Cosmos LLC, arguing the franchise had no right to end his consulting deal after he reportedly punched a press photographer.

  • August 4, 2015

    Jersey City's Labor Rules For Tax-Abated Projects Survive

    A New Jersey federal judge on Monday booted a contractor advocacy group's suit challenging labor agreement requirements that Jersey City hitched to its tax abatements for private building projects, finding that the group's federal preemption and constitutional claims couldn't shake the city's law.

  • August 3, 2015

    Calif. Justices Make Deal Unconscionability A Tough Sell

    The California Supreme Court on Monday found that a car buyer can’t avoid an arbitration agreement with a class waiver merely by complaining after the fact that the deal was unfair, a post-Concepcion ruling attorneys say is likely to make it harder for consumers to show an arbitration agreement is unconscionable and that may prove useful to employers in contract fights with workers.

  • August 3, 2015

    Judge Backs DOJ In FCA Suit Over 60-Day Overpayment Rule

    In a major win for the U.S. Department of Justice, a New York federal judge on Monday preserved a whistleblower's False Claims Act suit accusing several hospitals of defrauding Medicaid by failing to return identified overpayments within 60 days.

  • August 3, 2015

    Judge Again Nixes Tank Installers' OT Deal Over Missing Info

    A Missouri federal judge shot down a proposed settlement again Monday in a wage class action brought by a group of tank installers who said USA Tank Sales and Erection Co. Inc. denied them overtime, ruling that a deal slashed from $1.7 million to $137,500 left too many unanswered questions.

  • August 3, 2015

    Calif. High Court Says Arbitration Deal Not Unconscionable

    The California Supreme Court ruled in a closely watched post-Concepcion case Monday that a lower court erred in finding a consumer arbitration agreement with a class waiver unconscionable, saying the standard for unconscionability must be as rigorous when applied to arbitration clauses as for any contract clause.

  • August 3, 2015

    Univita Health Hit With WARN Act Class Action After Layoffs

    Home health services and equipment provider Univita Health Inc. was hit Sunday in Delaware federal court with a putative class action suit that claims it violated the Worker Adjustment and Retraining Notification Act by firing more than 1,000 Florida employees without required notice.

Expert Analysis

  • Mach Mining Is More Than Meets The Eye For Employers

    Shaleen D. Brewer

    While at first blush the U.S. Supreme Court's decision in Mach Mining LLC v. U.S. Equal Employment Opportunity Commission appears to be a victory for employers and a blow to the EEOC's ostensibly limitless power to bring suit to remedy alleged discriminatory practices, the scope of the court’s judicial review is limited, says Shaleen Brewer of Buchalter Nemer PC.

  • NY Court Blazes New Path For Providers In ERISA Case Law

    Roy W. Breitenbach

    The impact of a New York appellate court's ruling in Josephson v. Oxford is clear. Through the use of an argument based on conflict of interest, the court opened the record to truly give the health care provider its day in court — a significant development in Employee Retirement Income Security Act case law, says Roy Breitenbach of Garfunkel Wild PC.

  • Blowing The Whistle On SEC Whistleblower Protection

    Adam Lurie

    A number of commentators have noted that the U.S. Securities and Exchange Commission's cease-and-desist order against KBR Inc. reflects the SEC’s growing concern regarding the protection, and promotion, of whistleblower rights. However, the order also risks undermining the attorney-client privilege, particularly in connection with internal investigations, say attorneys with Cadwalader Wickersham & Taft LLP.

  • This Week In Congress: Iran, Budget And A Symbolic Vote

    Richard A. Hertling

    In addition to a largely symbolic override vote of the National Labor Relations Board “ambush elections” rule, the Senate this week will continue discussing the Iran Nuclear Review Act and the conference report on the budget resolution for fiscal year 2016. This is the first Republican budget resolution negotiated by both chambers since the George W. Bush presidency, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • A New Age For Employment Authorization Documents

    Daniel Maranci

    The new H-4 work authorization rule from the U.S. Department of Homeland Security allowing spouses of H-1B workers to work will make the United States a more attractive country for high-skilled talent — thus benefiting U.S. businesses and our economy in general, say Daniel Maranci and Youngwook Park of Fragomen Del Rey Bernsen & Loewy LLP.

  • Keeping Clear Of ADA Accessible Route Claims

    Joshua A. Stein

    With the 25th anniversary of the Americans with Disabilities Act fast approaching, it's not surprising that regulatory and judicial developments continue to surge regarding accessibility obligations for places of public accommodation. Offering clarity in this area for almost all industries — from retail and hospitality to entertainment and health care — is the Ninth Circuit opinion in Chapman v. Pier 1 Imports Inc., says Joshua Ste... (continued)

  • Safe Workplaces Order: A Solution In Search Of A Problem

    Stanley Soya

    The Fair Pay and Safe Workplaces executive order negatively impacts contractors, the government and taxpayers, producing results contrary to the stated intentions of the order. The requirements and ramifications are unnecessary based upon the existing tools the government has to address contractors who violate labor laws, say Anthony Scalice and Stanley Soya of Baker Botts LLP.

  • Do's And Don'ts Of Video Surveillance In Calif. Workplaces

    William G. Benz

    Whether an employee has a reasonable expectation she will not be video recorded in the workplace is a difficult and fact-intensive question for California employers to answer. There are, however, steps an employer can take to help ensure it will not find itself on the losing end of a lawsuit, says William Benz of Carico Johnson Toomey LLP.

  • Faith — And Freedom From It — Clash In French Workplaces

    Sabine Smith-Vidal

    The French legal framework is a careful balance between the core principles of secularism on the one hand and religious freedom and nondiscrimination on the other. Two recent decisions from the French Supreme Court attempt to balance these conflicting principles in the French workplace, say Sabine Smith-Vidal and Charles Dauthier of Morgan Lewis & Bockius LLP.

  • How The Defense Can Win Verdicts And Influence Juries

    Katherine A. Lawler

    Although he wasn't a trial attorney, Dale Carnegie knew a thing or two about persuasive speaking. As litigators, much of our communication tends to be persuasive, but never more so than in a jury trial. There, the rule of thumb should be to "tell the audience what you're going to say, say it, then tell them what you've said," says Katherine Lawler of Miles & Stockbridge PC.