Employment

  • June 4, 2015

    Ogletree Nab 2 Employment Pros For Detroit, Chicago

    Employment firm Ogletree Deakins Nash Smoak & Stewart PC has brought aboard a former Meckler Bulger Tilson Marick & Pearson LLP attorney in Chicago and welcomed back a colleague in Detroit who served as DTE Energy Co.'s director and assistant general counsel.

  • June 4, 2015

    EEOC Says AutoZone Must Share Sales Data In Race Bias Suit

    The U.S. Equal Employment Opportunity Commission on Wednesday told an Illinois federal judge that AutoZone Inc. has refused to fork over sales performance data in a race bias row, arguing that the retailer either needs to hand over the information or stop relying on it as a defense.

  • June 3, 2015

    Judge Holds Ex-DLA Piper Associate’s ERISA Suit For 9th Circ.

    A California federal judge on Wednesday decided to pause a former DLA Piper associate's lawsuit claiming the firm kept him from receiving disability benefits until the Ninth Circuit rules on the associate’s appeal in a prior related case against the firm.

  • June 3, 2015

    Baking Co. Turned Deaf Ear To Racial Harassment, EEOC Says

    The U.S. Equal Employment Opportunity Commission hit Gonnella Baking Co. with a lawsuit in Illinois federal court Wednesday, claiming the bread producer failed to step in and put an end to harassment of black workers despite getting repeated complaints. 

  • June 3, 2015

    CVS Hit With Racial Profiling Claims By Ex-Store Detectives

    A group of former CVS Pharmacy Inc. loss prevention detectives lobbed a putative class action against the retailer claiming they were told to target black and Hispanic customers and were subjected to a hostile work environment, according to a complaint filed in New York federal court Wednesday.

  • June 3, 2015

    Nevada Hotel Settles Discrimination Claims Filed By EEOC

    A Nevada hotel and gaming hall accused of discriminating against Mexican employees agreed Wednesday to settle the claims filed by the Equal Employment Opportunity Commission for $150,000.

  • June 3, 2015

    NHL Says Concussion Plaintiffs Shifting Med Records Demand

    The National Hockey League and its U.S.-based clubs told a Minnesota federal court Tuesday that the former players suing the league over the long-term effects of concussions have retreated from their medical record demands in what is “in effect a new motion.”

  • June 3, 2015

    Cephalon Must Face Most Of FCA Off-Label Marketing Suit

    A Pennsylvania federal judge allowed most of a False Claims Act case accusing Cephalon Inc. of a kickback scheme involving off-label drug marketing to continue Wednesday, saying the whistleblower had pled sufficient facts to proceed to discovery.

  • June 3, 2015

    House Passes $51.4B DOJ, Commerce 2016 Funding Bill

    The U.S. House of Representatives passed a $51.4 billion bill Wednesday to fund the U.S. departments of Justice and Commerce and a pair of science agencies for 2016, over a presidential veto threat claiming it underfunds key programs.

  • June 3, 2015

    Iskanian's PAGA Carveout Unfair, Employers Tell 9th Circ.

    Luxottica Retail N. America, BCI Coca-Cola Bottling Co. and Oakley Sales Corp. on Wednesday urged the Ninth Circuit to scrap Iskanian v. CLS Transportation’s bar on California Private Attorneys General Act waivers in employment arbitration agreements, arguing the prohibition unfairly forces employers to fight the same labor code claims twice.

  • June 3, 2015

    Ban On 'Vulgar' Union Stickers, Buttons Unlawful, NLRB Says

    The National Labor Relations Board ruled on Tuesday that AT&T Inc. units Pacific Bell Telephone Co. and Nevada Bell Telephone Co. couldn't lawfully prohibit workers from wearing buttons and stickers containing the phrase “Cut the Crap” and the abbreviation “WTF,” despite the claim they were too vulgar.

  • June 3, 2015

    Cochran Appeals Ex-Partner TM Ruling To 9th Circ.

    The Cochran Firm PC on Wednesday appealed to the Ninth Circuit a California district court's decision dissolving an order that barred a former partner of the firm from using the late Johnnie Cochran’s moniker.

  • June 3, 2015

    SunPower Hits SunEdison With Trade Secrets Theft Suit

    Solar panel manufacturer SunPower Corp. on Wednesday launched a California federal suit against competitor SunEdison Inc. after SunPower employees allegedly stole dealer information and other confidential computer files shortly before jumping ship for SunEdison.

  • June 3, 2015

    Pizza Hut Franchise Fails In Belated Arbitration Bid

    A California appeals court has affirmed that a Pizza Hut franchise group cannot compel arbitration 17 months into a class action accusing the company of failing to reimburse delivery drivers for expenses, ruling that PacPizza LLC waived its right to arbitrate by waiting so long.

  • June 3, 2015

    Auto Shops Want Workers' Counsel DQ'd Over Similar Suits

    A group of auto shops facing employees’ proposed class actions over alleged rest-break violations urged a California federal court Tuesday to disqualify plaintiffs’ firm Mallison & Martinez, arguing that the firm’s representation of a similar class action with alternate legal theories creates a “blatant conflict of interest.”

  • June 3, 2015

    Biz Groups To Appeal NLRB 'Ambush Election Rule' Decision

    Business groups challenging the National Labor Relations Board’s new rule to quicken the union election process said Tuesday they will appeal a Texas federal court’s ruling a day earlier that they failed to prove the rule violated the Administrative Procedure and National Labor Relations acts.

  • June 3, 2015

    US Chamber Tells 8th Circ. Obesity Is Not An ADA Disability

    The U.S. Chamber of Commerce and others said a Kansas man claiming his weight cost him a job with BNSF Railway Co. should not be classified as impaired under the Americans with Disabilities Act, according to a brief filed with the Eighth Circuit on Monday.

  • June 3, 2015

    Contractor Law Can’t Cover Real Estate Reps: Mass. Court

    Massachusetts’ high court ruled Wednesday that the state’s independent contractor statute does not apply to real estate sales workers, affirming a decision to toss a suit brought against real estate brokers by sales staff who claimed they were employees under the statute.

  • June 3, 2015

    GM Workers Seek Cert. In Suit Over Unpaid Religious Days

    A Texas federal judge on Tuesday was urged to certify a class of General Motors Co. workers accusing the automaker of discrimination for refusing to allow employees to take time off without pay for religious observances, with the workers arguing the policy is consistently applied throughout the company.

  • June 3, 2015

    Seattle Wage Ordinance Unconstitutional, 9th Circ. Told

    The International Franchise Association Inc. has urged the Ninth Circuit to direct a trial court to issue a preliminary injunction pushing back the date on which Seattle will require franchisees to pay a $15 minimum wage, calling the city's wage ordinance discriminatory and unconstitutional.

Expert Analysis

  • 2nd Circ. Unlikely To Change Class Action Status Quo

    David D. Yeagley

    It does not appear that the Second Circuit’s decision in Roach v. T.L. Cannon Corp. will usher in a new era of class action certifications. Rather, it seems the court is reading the majority opinion in Comcast Corp. v. Behrend like the dissent — that the majority opinion did not significantly alter the Rule 23 landscape, says David Yeagley of Ulmer & Berne LLP.

  • When Customers And FCA Whistleblowers Collide

    Nancy E. Harris

    An employee claiming she has discovered wrongdoing at her company and then seeking compensation or claiming protection as a whistleblower is an evermore common risk that every business must be prepared to address. But what happens when the whistleblower reports fraud against the government by an important business customer but no wrongdoing by the company? asks Nancy Harris of Orrick Herrington & Sutcliffe LLP.

  • Pensions Are Now On The Restructuring Table, For Real

    Karol K. Denniston

    Thanks to Judge Chris Klein’s recently issued confirmation opinion in Stockton’s bankruptcy case, no longer will cities be able to avoid dealing with pensions in California out of a fear of facing off with CalPERS and its massive bank account, says Karol Denniston of Squire Patton Boggs LLP.

  • In Retrospect: Brinker V. Superior Court

    Joshua R. Dale

    Three years after the much-anticipated California Supreme Court opinion in Brinker Restaurant Corp. v. Superior Court, employers are still grappling with how it affects employers’ obligations toward their employees — for example, there are still questions as to what an employer must do to “provide” the required meal and rest breaks, says Joshua Dale of Michel & Associates PC.

  • Medical Marijuana Cards: A New Scarlet Letter?

    Trish Higgins

    In states where medical or recreational use of marijuana is permissible but with no discrimination protection, employers should be aware that any adverse employment action taken on the basis of marijuana use could be a litigation risk, whether based on a violation of disability laws in those states where courts have not spoken or applicable off-duty conduct laws, say attorneys at Orrick Herrington & Sutcliffe LLP.

  • A Look At New Labor Laws In DC

    Julia E. Judish

    District of Columbia employers now face — and are soon to face several more — new employment laws affecting a wide range of issues, including wage payments, recording of hours worked, pregnancy accommodations, concealed weapons in the workplace and the use of criminal background checks and drug testing during the hiring process, say attorneys at Pillsbury Winthrop Shaw Pittman LLP.

  • 2nd Circ. Lays Out New Rules For Restitution

    Harry Sandick

    The Second Circuit's recent ruling in U.S. v. Cuti seems to place a notable limitation on the ability of a victim of white collar crime to recover expenses incurred in the course of investigating and reporting the defendant’s criminal activity. This decision does not take into account how internal investigations are typically conducted when the allegations concern wrongdoing by senior management, say attorneys with Patterson Belkna... (continued)

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • Your Employee Is On-Call, But Is Your Employee Working?

    Jennifer Palagi

    Whether employees are entitled to be paid for every hour they are on-call requires a fact-intensive analysis and must be determined on a case-by-case basis. It is essential to understand the appropriate circumstances under which nonexempt employees can be designated as on-call and how to effectively draft on-call policies in order to avoid triggering hourly compensation requirements, says Jennifer Palagi of Liebert Cassidy Whitmore LLP.

  • Taking A Crack At Calif.'s Workplace Anti-Bullying Law

    Joseph W. Deng

    Although California's A.B. 2053 does not specifically prohibit bullying in the workplace, proper and expanded training and updated policies may assist in an employer’s affirmative defense that it took reasonable steps to prevent unlawful discrimination or harassment caused by alleged bullying. This can put employers ahead of the curve if and when abusive conduct becomes unlawful, say Joseph Deng and Angela McIsaac of Baker & McKenzie LLP.