Employment

  • February 27, 2015

    Disability Services Co. Faces ADA Leave Policy Suit

    The U.S. Equal Employment Opportunity Commission slapped an Arizona disability support services company with an Americans with Disabilities Act suit on Wednesday over its “inflexible” leave policy, claiming the company terminated disabled workers who could have used extra unpaid time off.

  • February 27, 2015

    Public Defender Fired For Contesting Plea Program, Suit Says

    A criminal defense attorney filed a civil rights suit against Franklin County, Pennsylvania, and the chief operators of its public defenders office in federal court Thursday, saying he was fired from his position as assistant public defender in retaliation for reporting a potentially illegal and unethical plea bargain program.

  • February 26, 2015

    Philly School District, Union Sued Over Leave Arrangement

    An anti-union group sued the School District of Philadelphia and the Philadelphia Federation of Teachers in state court Wednesday over a contract provision that allows employees to work for the union while continuing to receive a salary and benefits from the school district.

  • February 25, 2015

    Daimler Hit With $10M Suit Over Slurs, Threats At Plant

    Daimler Trucks North America LLC was hit with a $9.6 million racial discrimination suit Tuesday, less than a month after the truck manufacturer paid $2.4 million to end six other minority workers' claims that they faced threats and racial slurs at the company's Oregon plant.

  • February 24, 2015

    Bodum Sues Ex-Prez For Taking Trade Secrets To Rival

    Coffee-equipment maker Bodum USA Inc. sued its former president in New York court Monday, alleging he took the company's trade secrets and customer lists when he left to take the reins at rival Alpha Dominche Ltd.

  • February 24, 2015

    Pryor Cashman Hit With $5M Suit Over Employment Audit

    The Irish Dairy Board Cooperative Ltd. launched a $5 million lawsuit Monday in New York state court against law firm Pryor Cashman LLP for an allegedly negligent employment audit that the exporter says has led to a series of expensive class action suits against its California subsidiary.

  • February 23, 2015

    Simon & Schuster, Tommy Hilfiger Face Unpaid-Intern Suits

    Simon & Schuster Inc., Tommy Hilfiger USA Inc. and Fendi North America Inc. are the latest companies to face proposed class actions in New York state court accusing them of misclassifying their interns as ineligible for minimum wages, according to Friday filings.

  • February 23, 2015

    Tech Startup Accuses Former CEO Of Blocking Investments

    A Silicon Valley startup has accused its recently fired CEO of taking a top job at a competitor months before she left the company, sharing the startup’s trade secrets, breaching her contract and sabotaging its attempts at attracting venture capital, according to a suit filed Friday in California federal court.

  • February 23, 2015

    Jailed Boston Lobbyist Indicted Over Sham State Pension

    A Boston-area lobbyist serving a seven-year prison sentence on corruption charges was indicted again on Monday for allegedly ripping off the Massachusetts pension system by posing as a full-time state employee.

  • February 20, 2015

    Sauerkraut Co. Underpaid Migrant Workers, Suit Says

    A sauerkraut manufacturer underpaid migrant workers and used an unlicensed contractor to recruit them to Wisconsin, according to a proposed class action alleging Migrant and Seasonal Agricultural Worker Protection Act violations filed Thursday in a Florida federal court.

  • February 20, 2015

    Hustler Club Stripped Dancers Of Minimum Wage, OT: Suit

    Larry Flynt’s Hustler Club in New York was slapped with a proposed federal class action on Wednesday alleging it misclassifies its exotic dancers as independent contractors to deny them minimum wage and overtime pay in violation of the Fair Labor Standards Act.

  • February 20, 2015

    Texas AG Files Petition To Void Austin Gay Marriage License

    Texas Attorney General Ken Paxton on Friday filed a mandamus petition with the state Supreme Court to void the marriage license of a gay couple who wed in Austin after a Travis County district judge ruled that the state's ban on same-sex marriage was unconstitutional.

  • February 20, 2015

    Paramount Citrus Hit With Wage-And-Hour Class Action

    Seasonal field workers on Thursday hit Paramount Citrus Cooperative Inc. with a proposed class action in a California federal court, accusing the grower of failing to pay its migrant workers for nonharvesting tasks such as traveling between fields, which fall outside of their typical fruit-picking duties.

  • February 20, 2015

    Food Service Co. Hit With Class Action Over FLSA Violations

    A food service management company that serves 8 million meals a day is accused of shirking overtime pay by misclassifying assistant managers, in a Fair Labor Standards Act class action filed Thursday in a Connecticut federal court.

  • February 19, 2015

    Morgan Stanley SOX Whistleblower Sues Over Retaliation

    A former Morgan Stanley employee filed a False Claims Act suit in Tennessee federal court Thursday, claiming he was fired, harassed and slandered for working with federal authorities to report insider trading and Sarbanes-Oxley violations at the firm.

  • February 19, 2015

    Ex-Workers Serve NJ Housewives Star Over Missed Wages

    Star of TV series The Real Housewives of New Jersey and co-owner of a Manhattan eatery Teresa Aprea was hit on Thursday with a proposed class action that spun her recent use of the phrase “karma’s a b----” against her, accusing her of “stiffing” service employees at the Little Italy mainstay.

  • February 19, 2015

    Southwest Employees Say Airline Clipped OT Pay

    Southwest Airlines Co. failed to properly calculate overtime pay for hourly employees and didn’t keep required wage records, according to a suit filed Wednesday in California federal court, alleging both state and federal labor law violations.

  • February 18, 2015

    Bikram Yoga Guru Hit With Yet Another Sexual Assault Case

    Bikram Choudhury, the founder of Bikram Yoga facing a barrage of rape claims from former yoga teachers who attended his training seminars, was hit with yet another suit Friday in California court from a woman accusing him of repeated sexual assaults.

  • February 18, 2015

    Collision Repair Chain Hit With Calif. Wage Class Action

    Auto repair chain Caliber Collision was hit Tuesday with a putative class action in California state court, accusing the company of systematically shorting its mechanics on wages by not paying them for time spent waiting for work.

  • February 17, 2015

    Patterson & Sheridan Failed To Rein In 'Bad Actors': Atty

    A former equity partner of Patterson & Sheridan LLP is accusing the intellectual property boutique of ignoring his disability accommodation request to limit his interactions with an allegedly abusive partner on its management committee and fostering a firm culture that “tolerates bad actors,” according to a Tuesday filing in a California state court.

Expert Analysis

  • 3 Takeaways From EEOC V. Abercrombie Oral Arguments

    Dawn R. Solowey

    The U.S. Supreme Court’s decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. is expected to focus on what level of knowledge an employer must have that an employee or job applicant’s religious practice may conflict with a job requirement — and from what source — before it has a duty to consider accommodation, say Dawn Solowey and Ariel Cudkowicz of Seyfarth Shaw LLP.

  • Marijuana Legalization Creates Risks For Gov't Contractors

    Lucas Hanback

    Washington, D.C., just became the most recent jurisdiction to legalize the recreational use of marijuana. But federal contractors — a huge percentage of the D.C. population — still face catastrophic penalties for violating laws that prohibit drug use by federal contractor employees, says Lucas Hanback of Rogers Joseph O’Donnell PC.

  • Oakland Pushes Ahead With Progressive Wage-And-Hour Laws

    Katherine S. Catlos

    After the overwhelming passage of Measure FF, Oakland is poised to be a progressive frontrunner on wage-and-hour protections by guaranteeing employees sick leave beyond what the state requires and mandating that employers who charge customers a gratuity fee to provide all gratuities to their hospitality workers, say Katherine Catlos and Gabriel Rubin of Kaufman Dolowich & Voluck LLP.

  • Key Employment And Immigration Issues Facing Banks Today

    James R. Wiley

    Many banks are facing class action lawsuits for not compensating nonexempt employees for compensable work. These lawsuits are costly and hard to defend. Meanwhile, foreign nationals create a potential new client base, but the issue is whether to offer services to undocumented individuals, say attorneys with Carlton Fields Jorden Burt LLP.

  • Unmasking Justice Roberts' Umpire Metaphor In ACA Fight

    Robert B. Hoffman

    What is so concerning about King v. Burwell is that an issue of statutory construction regarding the Affordable Care Act has become so politically driven — the fact that, in all likelihood, the split will hew closely to the U.S. Supreme Court’s liberal and conservative blocs on how to interpret a statute is a troubling sign of the times, says Robert Hoffman of Eckert Seamans Cherin & Mellott LLC.

  • 2nd Circ. Seems Skeptical Of DOL Intern Test

    Robert S. Whitman

    While it is premature to draw conclusions from oral argument in Glatt v. Fox Searchlight Pictures Inc. and Xuedan Wang v. Hearst Corp., the Second Circuit hinted that the U.S. Department of Labor's six-factor test for internship status is overly rigid and focused on the utility of an alternate test to determine whether an internship primarily benefits the intern or the employer, say Robert Whitman and Adam Smiley of Seyfarth Shaw LLP.

  • OPINION: In High Court Hijab Case, Reversal Is Likely

    R. Scott Oswald

    At a certain point in Wednesday's oral arguments, the courtroom’s mood changed. Abercrombie had been schooled. And the unusually young and diverse audience — law students, mostly, it seemed — knew it. After arguments closed, a wave of spectators spilled onto the Supreme Court’s cold plaza, where Samantha Elauf emerged to face cameras and questions, beaming. “That was so cool,” many spectators said as they left. —R. Scott Oswald of ... (continued)

  • 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.