Employment

  • August 20, 2014

    Marshalls Facing Class Action Over Security Screenings

    An hourly worker at retailer Marshalls Inc. has filed a proposed class action against the company, alleging employees have not been compensated for the time they spend waiting for mandatory security checks.

  • August 20, 2014

    EEOC Sues Wis. Co. For Axing Worker Over Wellness Program

    A Wisconsin lighting retrofit company ran afoul of federal law by penalizing an employee, and ultimately firing her, for opting out of a purportedly voluntary corporate wellness program, the U.S. Equal Opportunity Commission alleges in a first-of-its-kind lawsuit filed Wednesday.

  • August 20, 2014

    Toyota Worker Claims Bias, Retaliation Behind Denial Of Work

    A Toyota Motor Corp. production unit was sued in Texas federal court Tuesday by an employee alleging the company has not allowed her to return to work from medical leave because of a disability and in retaliation for her having filed a sexual harassment and discrimination complaint.

  • August 20, 2014

    SpaceX Workers Launch 3rd Suit, Allege Racist Policies

    Space Exploration Technologies Corp. employees on Monday launched a putative class action suit in California court accusing it of fostering a racist working environment in which certain workers were subjected to slurs and passed over for promotions, making this the third employee suit to befall the rocket manufacturer in less than a month.

  • August 20, 2014

    Food Lion Hit With EEOC Suit Over Jehovah’s Witness Firing

    The Equal Employment Opportunity Commission on Wednesday slapped Food Lion LLC with a federal employment discrimination suit alleging the North Carolina-based grocery retailer fired an employee because he was unavailable to work on days he had to attend Jehovah's Witness services and meetings.

  • August 19, 2014

    Fla. Biz Sued For Using HUBZone To Get $11M In Contracts

    The U.S. intervened Monday in a whistleblower suit in Florida federal court against construction company Air Ideal Inc. for allegedly falsely using a Historically Underutilized Business Zone address to obtain more than $11 million in government contracts.

  • August 19, 2014

    Pharmacists Sue Walgreen Over Uniform, Training OT

    Walgreen Co. was hit with a proposed class action in California federal court Monday in which pharmacists alleged it violated California and federal labor law by failing to pay them minimum wage and overtime for training hours and time spent maintaining their uniforms.

  • August 19, 2014

    Teva Atty Says He Was Axed Over Family-Support Payments

    A former senior counsel at Teva Pharmaceuticals USA Inc. sued the generics producer in Pennsylvania court Monday, alleging that he was fired after the company received notice that his salary was being garnished for family support obligations.

  • August 19, 2014

    Macy's Sales Associate Sues Over Commission Pay Policy

    Macy’s Retail Holdings Inc. was hit with a proposed class action in California court on Monday alleging it does not fully compensate sales associates who earn commission at Macy's and Bloomingdale's stores for the full amount they worked, in violation of state labor law.

  • August 15, 2014

    Calif. Class Action Says Victoria's Secret Skimps On Wages

    Victoria’s Secret Stores LLC has been hit with a $37 million proposed class action suit by a sales clerk who says the retail giant frequently schedules employees to work and then doesn’t provide them with work when they arrive, according to a notice of removal filed in California federal court on Thursday.

  • August 14, 2014

    Brazilian Watchdog Targets Unions Over Price-Fixing

    Brazil's antitrust watchdog on Wednesday recommended that a pair of unions and their presidents be fined for allegedly fixing the price of driving schools as well as that of photo and camera services in the South American nation.

  • August 13, 2014

    Home Depot Sued By Murder Victim's Mom In Ill. Court

    The mother of a pregnant young woman strangled by a co-worker has slapped Home Depot USA Inc. and a flower company with a wrongful death suit in Illinois, claiming the defendants knew the regional manager convicted of murdering her was “emotionally unstable and violent.”

  • August 13, 2014

    Hertz, Dollar Thrifty Sued Over Managers' Unpaid Bonuses

    A manager at an Oakland, California, Thrifty rental car location has filed a class action suit alleging Hertz Corp. and its Dollar Thrifty Automotive Group unit failed to pay her and other managers their promised bonuses in 2013 and 2014.

  • August 13, 2014

    Hartford Says It Faces Rival Claims For $22M Injury Suit

    Hartford Fire Insurance Co. and two other insurers filed suit Tuesday in Illinois federal court alleging that Coastal International Inc., GES Exposition Services Inc. and others submitted competing claims for coverage of an underlying $22 million personal injury judgment entered in favor of a Coastal employee.

  • August 13, 2014

    Union Pacific Says It Overpaid Gov't $75M In Taxes

    Union Pacific Railroad Co. sued the U.S. government in Nebraska federal court Tuesday to recover $74.8 million in alleged tax overpayments arising from the exercise of employee stock options and payments made to union members.

  • August 12, 2014

    Derco Accused Of Overbilling DOD In Unsealed FCA Suit

    A Wisconsin federal judge on Tuesday unsealed a False Claims Act lawsuit brought against United Technologies Corp., Derco Aerospace Inc. and others, for allegedly submitting false billing statements to the U.S. Department of Defense with a 20 percent markup on items obtained from vendors.

  • August 12, 2014

    Miss. Farm Sues NLRB For Pursuing Union-Dropped Charges

    Sanderson Farms Inc. sued the National Labor Relations Board on Monday for allegedly overstepping its authority in pursuing unfair labor practice charges against the poultry giant even after the labor union that brought the charges withdrew them, according to a Mississippi federal complaint.

  • August 12, 2014

    Ex-Kia Worker Says He Was Fired For Exposing Hiring Bias

    A former human resources employee of Kia Motors Corp.’s North American manufacturing plant claims he was fired for exposing that he was ordered to keep down the number of African-American, female and elderly employees hired by the company, according to a suit recently removed to Georgia federal court.

  • August 12, 2014

    Apple Shareholders Sue Over Anti-Poaching Agreements

    The board of directors of Apple Inc. on Monday was hit with a derivative lawsuit in a California federal court filed by a putative class of shareholders who allege the board harmed Apple by engaging in illegal anti-poaching agreements with other tech giants that exposed Apple to excessive and ongoing litigation and related costs.

  • August 12, 2014

    Drivers Say Anheuser Busch Stiffed Them On Breaks, OT Pay

    Anheuser-Busch InBev Worldwide Inc. was slapped with a putative class action in California federal court Monday accusing the company of failing to pay its drivers for overtime hours they worked and implementing a pay structure that discouraged meal breaks and rest periods.

Expert Analysis

  • NY Court Cuts Back On Runner Doctrine

    David M. Cost

    While New York plaintiff attorneys will likely continue to fit cases where a plaintiff does not fall or no object falls on him under Labor Law Section 240(1), Diaz v. Globalfoundries U.S. Inc. may serve as a basis to move for summary judgment in the event the evidence shows that an object neither fell nor was on a descent when injury occurred, says David Cost of Hiscock & Barclay LLP.

  • 6th Circ. Reminds Employers Of Collective Action Danger

    Chuck Mataya

    The Sixth Circuit's ruling in Killion v. KeHe Distributors should remind employers that they accept a risk — which is compounded by the threat of a collective action — whenever they treat an employee as exempt under the Fair Labor Standards Act, says Chuck Mataya of Bradley Arant Boult Cummings LLP.

  • Free And Clear Of Successor Liability Claims

    Christopher Hopkins

    The Delaware bankruptcy court’s holding in the case of Ormet Corp. that the express provisions of Section 363(f) are not trumped by the policy considerations embodied in the Employee Retirement Income Security Act and the Multiemployer Pension Plan Amendments Act should give comfort to debtors and purchasers of assets in a free-and-clear sale, says Christopher Hopkins of Weil Gotshal & Manges LLP.

  • 8th Circ. Provides Guidance On FCA Public Disclosure Bar

    Joe Dosch

    The Eighth Circuit recently affirmed the dismissal of a qui tam False Claims Act suit in Paulos v. Stryker Corp. and in doing so offered helpful guidance regarding the proper application of the public disclosure bar, while highlighting an open issue regarding public disclosure, say Scott Stein and Joe Dosch of Sidley Austin LLP.

  • A Clash Of Cultures: Employee Committees In The US

    Douglas A. Darch

    Management should proceed with caution when a union agrees to the establishment of a European-style works council and cedes its bargaining authority to the council because a union is free at any time — including during the term of a collective agreement — to void its agreement without violating U.S. labor laws, say Alexander Wolff and Douglas Darch of Baker & McKenzie.

  • Staying Union-Free Requires Proactive Steps By Employers

    Michael W. Groebe

    While congressional assistance for union organizing is not likely forthcoming, the United Auto Workers did not raise dues for the first time in decades just to sit back and allow its membership numbers to continue to dwindle — increases in organizing efforts are on the way, says Michael Groebe of Foley & Lardner LLP.

  • Prepare For The Wave Of FCRA Class Actions

    Stephanie A. Sheridan

    To minimize exposure to the recent influx of Fair Credit Reporting Act complaints it is best to use a properly worded stand-alone document and keep all other content in the employment application form separate and distinct, say Stephanie Sheridan and Denise Trani-Morris of Sedgwick LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Structuring Equity Compensation Options For Partnerships

    Colleen Hart

    Ultimately, it is possible to establish an equity plan for a publicly traded partnership that is a reasonable facsimile of equity plans established by corporations — from the perspective of the employee or other service provider, the grants and mechanics are likely to appear very similar, says Colleen Hart of Proskauer Rose LLP.

  • Consider Hearsay Issues Before A Rule 30(b)(6) Deposition

    Susan F. DiCicco

    To avoid the risk of multiple depositions or inadmissible testimony, all counsel should focus prior to a deposition — and before designating a witness — on knowledge and hearsay issues that may arise at Rule 30(b)(6) depositions, say Susan DiCicco and Stephen Scotch-Marmo of Bingham McCutchen LLP.