Employment

  • April 24, 2015

    Former Pharma Exec Sues Inovio Over Stock Option Refusal

    A former managing director of a pharmaceutical company that merged with Inovio Pharmaceuticals Inc. in 2009 has filed a complaint in New Jersey state court against Inovio, contending he was wrongly blocked from exercising certain stock options after the merger.

  • April 24, 2015

    Studios' Score Outsourcing Sour Note For Musicians' Union

    The world’s largest musicians’ union Friday blasted Warner Brothers Entertainment Inc., Paramount Pictures Inc. and Metro-Goldwyn-Mayer Pictures Inc. in California federal court for going off-script and having films, including “Interstellar” and “Carrie,” scored outside the U.S. and Canada in violation of a collective bargaining agreement.

  • April 24, 2015

    Wal-Mart, Others Sued Over Bangladesh Factory Collapse

    Wal-Mart Stores Inc., JCPenney Corp. Inc. and The Children’s Place Inc. were hit with a proposed class action on Thursday in Washington, D.C., federal court alleging that they were partially responsible for a Bangladesh clothing factory collapse two years ago that killed more than 1,000 workers.

  • April 24, 2015

    Siemens Unit Sued Over Racist Work Environment

    A Siemens AG manufacturing unit in New Jersey was hit with a complaint Friday by an employee alleging it created an intimidating work environment pervaded by racial epithets and threats targeting black employees, which culminated in the hanging of a noose in front of their lockers.

  • April 24, 2015

    Munger Tolles Sued Over Firing After Workload Complaint

    A former Munger Tolles & Olson LLP paralegal sued the firm in Los Angeles Superior Court on Thursday, alleging that a litigation associate imposed a grueling work schedule with little time for sleep and that she was fired soon after complaining to a Munger Tolles partner.

  • April 24, 2015

    Dallas Hospital Sued For Firing FCA Whistleblowers

    Two former employees of a Dallas hospital filed suit Thursday claiming they were fired for reporting flagrant False Claims Act and other violations, including "up-coding," false billing and texting unencrpted patient information.

  • April 23, 2015

    Call Center Worker Says Co. Did Illegal Background Checks

    A national call center operator illegally obtained the credit reports of its employees and took adverse action based on the information, a proposed class action filed Wednesday in California federal court alleges.

  • April 23, 2015

    Shipmaking Union Seeks To End Bath Iron Works Arbitration

    A Maine shipbuilding union hit Bath Iron Works with a lawsuit in federal court Wednesday seeking to block arbitration from the company that would reclassify and expand union job descriptions in an effort to boost efficiency and win new Coast Guard contracts.

  • April 23, 2015

    Google Discriminates Against Older Workers, Suit Says

    A software engineer filed a proposed class action against Google Inc. in California federal court on Wednesday accusing the Internet giant of discriminating against older individuals in the hiring process, the latest allegation of age bias in the tech industry.

  • April 22, 2015

    Golf Resort Fights Paying H-2B Workers New Prevailing Wage

    A golf resort operator accused of underpaying seasonal immigrant workers told a South Carolina federal court Tuesday that their putative class action should be dismissed because the company wasn't obligated to reimburse their travel costs or pay a new prevailing wage for H-2B workers.

  • April 22, 2015

    Ex-American Apparel CFO Aimed To Oust Charney, Suit Says

    A former American Apparel Inc. employee has filed a wrongful termination suit in California accusing the retailer's former chief financial officer of harassing him because he's Jewish and of conspiring to oust founder Dov Charney.

  • April 21, 2015

    Pa. AG Sued By Ex-Undercover Agent Over Axed Sting Case

    A former undercover agent has filed suit in Pennsylvania state court accusing embattled Attorney General Kathleen Kane of besmirching his reputation when she publicly axed what she called a botched sting operation targeting a group of Philadelphia lawmakers for corruption.

  • April 21, 2015

    SpaceX Burned With Clerical Employee Wage Class Action

    A former clerical employee hit Space Exploration Technologies Corp. with a proposed class action in California court on Monday, accusing the company of shorting him overtime and minimum wage pay as well as proper break periods.

  • April 20, 2015

    Ex-L'Oreal Patent Attorney Sues Over Termination

    A former top patent lawyer for L'Oreal has filed a lawsuit in New Jersey federal court alleging the cosmetics giant fired him because he refused orders to file applications for inventions he determined to be unpatentable, claiming the directives came amid patent application quota pressure from company executives.

  • April 20, 2015

    Sheppard Mullin Botched Whistleblower Suit, Playboy Says

    Playboy Enterprises Inc. sued Sheppard Mullin Richter & Hampton LLP on Friday for allegedly exposing the media company to millions of dollars in damages by not recommending that a wrongful termination suit be settled for substantially less money.

  • April 17, 2015

    Doc Who Moved Practice Says Philly Hospital Defamed Him

    A Philadelphia family doctor on Thursday accused Thomas Jefferson University Hospitals Inc. of maligning his reputation in retaliation for joining a rival hospital system, a move he claims cost Thomas Jefferson millions.

  • April 17, 2015

    American Apparel Sued Over Improper Notices Of Mass Layoff

    American Apparel Inc. was hit Thursday with a proposed class action in California that accuses the beleaguered retailer of giving 180 employees only a couple of days' notice before a mass layoff and pressuring some non-English-speaking workers to sign “paltry” separation agreements.

  • April 16, 2015

    Paramedic Accuses Atty Of Botching Whistleblower Claim

    A onetime paramedic with the University of Medicine and Dentistry of New Jersey has launched a legal malpractice suit against Gianos & Phillips LLC for allegedly dropping the ball on a whistleblower claim against the institution.

  • April 16, 2015

    Engineer Latest To Sue Daimler Over Discrimination

    Race discrimination claims against Daimler Trucks of North America LLC continue to pile up as a 75-year-old Egyptian-born man has launched his own $2 million suit against the company following several others, claiming a supervisor repeatedly called him “bin Laden” when he was an employee there.

  • April 15, 2015

    Tata Hires South Asians Over Americans, Suit Says

    India-based Tata Consultancy Services Ltd. was hit with a proposed class action Tuesday in California federal court, accusing the information technology outsourcer of discriminating against Americans in its U.S. offices, hiring South Asians almost exclusively and limiting opportunities for Americans to advance.

Expert Analysis

  • A Strategy For Nixing FLSA Collective Actions After Filing

    nglasser

    Arbitration agreements that include waivers of class and collective actions can be an effective tool to avoid collective actions under the Fair Labor Standards Act or under similar state wage laws, but what can be done if a collective action has already been filed? A recent Eighth Circuit decision in Conners v. Gusano’s Chicago Style Pizzeria suggests an answer, says Nathaniel Glasser of Epstein Becker & Green PC.

  • 5 Issues Financial Services Industry Employers Must Face

    John F. Fullerton III

    Employers in the financial services industry face a growing number of employment law challenges, among them being whistleblower complaints on the heels of more aggressive action from regulatory agencies, a more unpredictable arbitration process courtesy of FINRA, and labyrinth-like immigration hurdles, say attorneys at Epstein Becker & Green PC.

  • NLRB's Specialty Healthcare Test Comes To Acute Care

    Barry A. Guryan

    The National Labor Relations Board's refusal to order an election in a wall-to-wall unit at Rush University Medical Center seems inconsistent with its long-held view that acute care hospitals are entitled to a special protected status, says Barry Guryan of Epstein Becker & Green PC.

  • 6th Circ. Is Making Sure Misclassification Goes To Trial

    Matthew S. Disbrow

    The Sixth Circuit's decision in Keller v. Miri Microsystems LLC illustrates the dangers of classifying individuals as independent contractors when engaging in business or structuring an organization. Keller makes clear it is becoming increasingly difficult to quickly dispose of misclassification challenges — more cases will likely go to trial, says Matthew Disbrow of Honigman Miller Schwartz and Cohn LLP.

  • NY Financial Compliance Landscape May Get Treacherous

    Michael H. Huneke

    The Dodd-Frank Act whistleblower program has garnered much attention, but a less-noticed New York financial fraud whistleblower proposal could likewise have a significant impact, because New York regulators and enforcement agencies have been very active in bringing some of the largest investigations and enforcement actions in the financial sector, say John Wood and Michael Huneke of Hughes Hubbard & Reed LLP.

  • Class And Collective Actions In A Post-Dukes World

    Geoffrey C. Westbrook

    Citibank NA v. Ruiz represents a growing movement among federal courts after the U.S. Supreme Court's ruling in Wal-Mart Stores Inc. v. Dukes seeking to bridge the analytical differences between class and collective actions. One result of this trend is a greater uniformity in wage-and-hour decisions based on parallel theories, says Geoffrey Westbrook of Seyfarth Shaw LLP.

  • 9th Circ. Has Ensured Fewer Post-Employment Restrictions

    Katelyn Keegan

    The Ninth Circuit's opinion in Golden v. California Emergency Physicians Medical Group limits the scope of permissible restrictive covenants employers can include in employment contracts and settlement agreements and could void current agreements containing restrictive provisions beyond traditional noncompete clauses, says Katelyn Keegan of Schiff Hardin LLP.

  • 2 Options To Consider When Calculating Overtime

    Christopher B. Lunny

    Employers should consider two methods of calculating overtime for employees who work flexible hours on a regular basis: the fluctuating workweek method and Belo contract. For employers, these methods generally provide lower overtime payroll costs compared to the traditional overtime model, say Benjamin Shippen of Economist Inc. and Christopher Lunny of Radey Law Firm.

  • Protecting Social Media Assets: Lessons From CDM Media

    Jason Hirsh

    An Illinois federal court's recent decision in CDM Media USA Inc. v. Robert Simms provides much-needed guidance for businesses that utilize private social media groups as a means of staying in touch with customers and serves as an excellent backdrop to consider the steps that may have been taken to better protect the employer’s social media assets, says Jason Hirsh of Levenfeld Pearlstein LLC.

  • Warming Up To EEOC Rules On Workplace Wellness Programs

    Timothy B. Collins

    The U.S. Equal Employment Opportunity Commission's recently proposed rules regarding wellness programs require employers to provide reasonable accommodations to enable individuals with disabilities to have equal access to fringe benefits and that any medical inquiries be job-related and consistent with business necessity, says Timothy Collins of Duane Morris LLP.