Employment

  • February 5, 2015

    CRST Seeks 8th Circ. Rehearing In $4.7M EEOC Fee Battle

    CRST Van Expedited Inc. on Thursday sought rehearing from the full Eighth Circuit of a panel decision overturning a $4.7 million fee award levied against the U.S. Equal Employment Opportunity Commission in a sexual harassment case, claiming that the ruling conflicted with U.S. Supreme Court and circuit court precedent.

  • February 5, 2015

    Private Security Co. Hit With Sexual Harassment Suit

    Private security firm GardaWorld Security Corp. allegedly purged women from top leadership roles and exposed one former female vice president to vulgar talk and sexual advances before moving its headquarters from Virginia to Dubai, according to a lawsuit filed against the company in Virginia federal court on Wednesday.

  • February 5, 2015

    Bose McKinney, Booth American Settle $7.6M Malpractice Suit

    Booth American Co. told a Michigan federal judge on Thursday that it had agreed to drop its $7.6 million malpractice suit against Bose McKinney & Evans LLP and the head of its tax group over a disputed pension plan indemnity agreement.

  • February 5, 2015

    Michaels Worker Seeks Class Cert. In Background Check Suit

    A former Michaels Stores Inc. employee suing over the way the retailer notifies job applicants of background checks sought class certification on Thursday in New Jersey federal court, a tactical move that her attorneys said is necessary to prevent the company from potentially buying out her legal claim.

  • February 5, 2015

    Victoria's Secret Can't Clip Clerks' $37M Wage Class Action

    A California federal judge on Thursday rejected Victoria’s Secret Stores LLC’s bid to trim a putative class action alleging the retailer owes sales clerks $37 million for not providing scheduled shifts, ruling the company should have raised its arguments in an earlier dismissal motion.

  • February 5, 2015

    Pa. Justices To Mull Union Leader's Privacy Right In Libel Row

    The Pennsylvania Supreme Court agreed Wednesday to consider whether union leader John Dougherty, who is suing a Philadelphia Inquirer columnist for defamation, should be forced to give a video deposition in the case despite concerns that his testimony could be made public by the defense in advance of trial.

  • February 5, 2015

    Fresenius Nurses Wage Suit Axed Over Noncontract Handbook

    A Pennsylvania federal judge has dismissed a wage-and-hour class action against Fresenius Medical Care Holdings Inc., ruling that its employee handbook didn't require the health care provider to pay nurses and dialysis technicians for meal breaks taken on the premises while on duty.

  • February 5, 2015

    Exotic Dancers Slap NYC Club With Proposed Class Wage Suit

    The owners of New York City’s Cheetahs Gentlemen's Club & Restaurant were slapped with a proposed class action suit on Wednesday in New York federal court alleging the adult entertainment club has cheated its dancers out of fair wages.

  • February 5, 2015

    Jackson Lewis Hires Team To Open Red Bank, NJ, Office

    Workplace law firm Jackson Lewis PC has hired a five-person team from Giordano Halleran & Ciesla PC to expand its reach with the opening of a new office this spring in Red Bank, New Jersey, the firm has announced.

  • February 5, 2015

    NLRB Hits Au Bon Pain With Unfair Labor Practices Suit

    The National Labor Relations Board has filed a complaint against Au Bon Pain Corp. accusing the company of discouraging its employees at the Philadelphia International Airport from engaging in union activities in violation of federal labor law.

  • February 5, 2015

    TPG Seeks Immediate Injunction Following Second Leak

    Private equity group TPG Capital on Tuesday asked a Texas federal court for an immediate injunction against its former spokesman — a former George W. Bush deputy press secretary — alleging he has made a second known leak of the firm's confidential material since TPG first filed suit last week.

  • February 4, 2015

    Alleged BP Whistleblower Fired For Behavior, 5th Circ. Told

    A former planning officer for the BP America Inc. cleanup following the 2010 Deepwater Horizon disaster was fired because of his poor behavior, not because he refused to falsify data and threatened to blow the whistle on the company’s cleanup effort to the U.S. Coast Guard, a lawyer for BP told the Fifth Circuit on Wednesday.

  • February 4, 2015

    Thompson Hine Can't Duck Secretary's Discrimination Suit

    A New York federal judge on Wednesday refused to toss a former Thompson Hine LLP legal secretary’s employment discrimination and wrongful termination suit against the firm, ruling that an unsuccessful defamation suit against a Thompson Hine partner didn’t bar her claims.

  • February 4, 2015

    Costco Settles Lockdown OT Suit After Class Loses Cert.

    A California federal judge on Tuesday approved Costco Wholesale Corp.'s settlement and joint stipulation of dismissal with workers who were denied class certification on claims the company locked them in warehouses and didn't pay them overtime.

  • February 4, 2015

    Ex-IGate Atty Says Refusing Boss Sex Cost Her Promotion

    Information technology outsourcer iGate Technologies Inc. has taken federal a suit filed by its former top U.S. in-house counsel, who alleges that she was denied a promotion because she refused to have sex with her boss and that executive sexual harassment was rampant among iGate’s highest ranks.

  • February 4, 2015

    Fed Circ. Says Inventor Doesn't Own Verizon Unit's Patent

    The Federal Circuit on Wednesday rejected a former employee's bid to revive a patent suit against a company that is now part of Verizon Communications Inc., finding that a lower court correctly held that he didn't present sufficient evidence to back a claim of sole inventorship. 

  • February 4, 2015

    Transocean Unit Not Liable For Pirate Attack, 5th Circ. Hears

    A Transocean Ltd. subsidiary should not be held responsible for a 2010 pirate attack off the coast of Nigeria that left an oil rig worker with a bullet in his knee because it was not technically the employer of the parties responsible, despite processing their payroll, the company argued to the Fifth Circuit on Wednesday.

  • February 4, 2015

    Retaliation Top Discrimination Charge In 2014, EEOC Says

    Workers in fiscal 2014 filed the lowest number of discrimination charges with the U.S. Equal Employment Opportunity Commission since 2007, but the amount of retaliation claims accounted for the highest percentage of charges ever, the EEOC said Wednesday.

  • February 4, 2015

    Pa. Court Rules Against Cigna In ERISA Coverage Fight

    The Pennsylvania Superior Court ruled Tuesday that Cigna’s excess insurers are shielded from liability in a national class action brought by the company’s employees over benefit plan changes, saying a lower court correctly ruled that coverage is barred by a fraud exemption.

  • February 4, 2015

    Philly Union Leader Says Jurors Tainted Racketeering Trial

    A Philadelphia Ironworkers Local 401 union leader facing at least 15 years in prison after he was convicted of running a “shadow gang” asked a Pennsylvania federal court on Tuesday to grant him a new trial in the racketeering case, arguing two of the jurors should have been dismissed.

Expert Analysis

  • 5 Ways Employers Can Fight Ebola

    Sloane Ackerman

    Most employers in the U.S. will be prepared for the current Ebola outbreak after taking a few steps, including educating employees and ensuring emergency preparedness, says Sloane Ackerman of O'Melveny & Myers LLP.

  • Singing The Siren Song Of Unlimited Vacation Policies

    Susan F. Eandi

    As with many U.S. employment law concepts and practices, the idea of unlimited vacation does not quite translate outside America because vacation is a legal entitlement in most countries, not a fringe benefit that employers can choose to offer or not, say Susan Eandi and Teresa Burlison of Baker & McKenzie LLP.

  • Inside Delaware's New Laws On Destroying Consumer Info

    Sharon Klein

    When companies that conduct business in Delaware make their 2015 New Year’s resolutions, they should be sure to add compliance with two new laws that create potential liability for companies that fail to properly destroy records or documents that contain personal identifying information, say Sharon Klein and Stephen Jenkins of Pepper Hamilton LLP.

  • 5 Essential Legal Considerations For Cos. Developing Apps

    Armand Zottola

    App development can bring great opportunity, visibility and income to a company. But there are some pronounced or unique intellectual property, ownership, privacy, data security and advertising considerations that a company should keep in mind, say Armand Zottola and Morgan Brubaker of Venable LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • Penalizing Employee Posts May Violate Protected Activity

    Sheeva J. Ghassemi-Vanni

    Though it's unclear how appellate courts will ultimately view the National Labor Relations Board's determination that an employee’s use of the “Like” button on Facebook constitutes protected activity, it is clear the NLRB is devoting significant attention to this issue, say Daniel McCoy and Sheeva Ghassemi-Vanni of Fenwick & West LLP.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • 7 Steps To Prepare For Dodd-Frank Whistleblowers

    Matt T. Morley

    Stay focused on the 120-day clock. Once 120 days have elapsed after potential wrongdoing is reported internally, a range of persons who would otherwise be ineligible for a Dodd-Frank whistleblower award suddenly becomes eligible, says Matt Morley of K&L Gates LLP.

  • 4 Ways To Minimize Risk In Retaliation Claims

    Mauro Ramirez

    Given the steady increase in retaliation claims filed with the U.S. Equal Employment Opportunity Commission, employers need to train managers before taking adverse employment actions — especially when they involve employees that may have engaged in protected activity, says Mauro Ramirez of Fisher & Phillips LLP.

  • Workplace Tasks On Trial In Integrity Staffing Arguments

    Nicholas Woodfield

    Oral arguments at the U.S. Supreme Court in Integrity Staffing Solutions Inc. v. Busk concerned whether various tasks were closely tied to the core ingress and egress concerns of the Portal-to-Portal Act, and elided the questions of time spent and employer motivation, say Nicholas Woodfield and R. Scott Oswald of The Employment Law Group PC.