Employment

  • October 24, 2014

    Exotic Dancers Win Cert. In Miami Club OT Suit

    A Florida magistrate judge conditionally certified a collective class of exotic dancers Thursday in their lawsuit accusing a Miami strip club of stiffing them on wages and overtime, in violation of the Fair Labor Standards Act.

  • October 23, 2014

    Funds Dissatisfied With Simon Property CEO's Pay Revision

    Two pension funds launched another challenge to Simon Property Group CEO David Simon's pay in a derivative lawsuit unsealed late Wednesday, arguing revisions to his compensation made in the midst of a prior Delaware Chancery Court fight weren’t good enough and could hand him more than $150 million.

  • October 23, 2014

    HSBC Faces New Retaliation Suit Over Alleged Harassment

    HSBC Securities (USA) Inc. was hit with yet another suit in New York federal court Tuesday alleging it fired an employee who reported a colleague's alleged sexual harassment.

  • October 23, 2014

    Florida Hospitals Face FCA Suit Over Kickback Scheme

    A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.

  • October 22, 2014

    NCAA Athletes Are Temporary Employees, FLSA Suit Says

    A former college soccer player slapped the National Collegiate Athletic Association and a slew of schools with a proposed Fair Labor Standards Act collective action in Indiana on Monday, contending that student athletes are temporary employees who must be paid at least minimum wage under federal law.

  • October 22, 2014

    EEOC Alleges Long-Term Sexual Harassment At Maine Farm

    The U.S. Equal Employment Opportunity Commission on Tuesday hit a Maine farm and produce wholesaler with allegations that the business allowed a sexually hostile work environment and ignored female workers' complaints of groping and lewd comments from male co-workers.

  • October 22, 2014

    Prophet Equity Says Insurer Owes $15M For Ex-Worker's Suit

    Prophet Equity LP filed a $15 million suit against Twin City Fire Insurance Co. in Texas court Tuesday, for allegedly breaching a policy by refusing to pay the private equity fund after it was sued by a former employee.

  • October 22, 2014

    Calvin Klein, PVH Facing Newest Unpaid Intern Class Action

    Calvin Klein Inc. and parent company PVH Corp. are the latest targets of allegations that they didn't pay interns for work that didn't qualify as education or training, according to a proposed statewide class action filed Monday in Manhattan.

  • October 21, 2014

    FINRA Slams Ex-Deputy Director's Discrimination Claims

    The Financial Industry Regulatory Authority urged a Florida federal judge on Monday to throw out wrongful termination and discrimination allegations from a former deputy regional director, criticizing her job performance and arguing that her position was eliminated as part of a companywide staff reduction.

  • October 21, 2014

    Gov't Union Challenges New Poultry Inspection Rule

    The American Federation of Government Employees sued the U.S. Department of Agriculture in D.C. district court on Tuesday, alleging that a new rule designed to speed up poultry inspection is unsafe and against the law.

  • October 20, 2014

    Auto Parts Co. Says Competitor Stole Clients, Wiped Info

    Car parts supplier National Auto Parts Inc. is accusing several former employees of raiding its computer files and defecting to a competitor who used the confidential information to steal away customers, according to a complaint filed in Illinois federal court Friday.

  • October 17, 2014

    PwC Worker Says Comcast Got Him Fired Over Service Calls

    A former PricewaterhouseCoopers LLP employee accused Comcast Corp. of getting him fired after he complained to Comcast about lackluster service, alleging Thursday in a $1 million suit in California federal court that Comcast exploited its business relationship with PwC to retaliate against him.

  • October 17, 2014

    Walgreen Sued By Ex-CFO Over Resignation Reports

    Walgreen Co.’s former chief financial officer Wade Miquelon on Thursday slapped the drugstore chain with a defamation suit in an Illinois county court, saying Walgreen's top brass leaked false reports to the press that he was forced to resign after he “bungled” an earnings forecast.

  • October 16, 2014

    NY AG Slaps Papa John's Franchisee With $2M Wage Suit

    New York Attorney General Eric Schneiderman slammed a Papa John's International Inc. franchisee with a $2.1 million suit on Thursday, claiming it significantly underpaid its delivery workers at its Harlem locations for six years.

  • October 16, 2014

    Univ. Of Ill. Hospital Sues To Curb Nurses' Strike

    The University of Illinois Hospital and Health Sciences System filed suit in state court Wednesday to block hundreds of nurses from joining a one-day strike next week when their collective bargaining agreement expires, saying low staff levels could put patients at risk in several critical departments.

  • October 15, 2014

    Ex-CEO Hits 'Birdman' Producer With Sweeping $55M Suit

    The ousted CEO of the company that produced “Birdman,” a movie hitting theaters on Friday, sued his former company for $55 million Wednesday, accusing it of ruining his reputation by accusing him of stealing company money, according to the complaint filed in New York state court.

  • October 15, 2014

    Marc Jacobs Hit With Class Action Over Intern Pay

    A former Marc Jacobs International LLC intern accused the high-end clothing company in New York court of failing to pay interns in a putative class action, part of a wave of employment suits brought by former fashion and entertainment industry interns.

  • October 15, 2014

    Oracle Hit With Anti-Poach Suit Over Deal With Google

    Oracle Corp., Google Inc. and others illegally agreed not to poach each other’s managers, a former Oracle employee said Tuesday in a putative class action filed in California against his former company, citing a document from engineers’ antitrust suit against Google, Apple Inc. and other tech giants.

  • October 15, 2014

    J. Crew Accused Of Shortchanging Workers In New Suit

    J. Crew Group Inc. is facing accusations that it systematically refuses to shell out for overtime work or meal breaks for workers at its California stores, according to a putative class action filed in California state court on Tuesday.

  • October 14, 2014

    Squire Patton Accused Of Guiding Alliance Founder's Scheme

    The trustee for Pennsylvania employee-owned private equity firm Alliance Holdings Inc. has accused Squire Patton Boggs LLP in federal court of representing Alliance and clients with conflicting interests and aiding its founder in funneling tens of millions dollars to himself and associates, all while it netted $7 million in legal fees.

Expert Analysis

  • ERISA To The Rescue: Preemption Of State Law Prevails

    Douglas Darch

    The Sixth Circuit’s ruling in Sherfel v. Newson reinforces the existing interpretation of the Employee Retirement Income Security Act — state law is preempted when it subjects ERISA-governed plans to different legal obligations or requires the plan administrator to pay different benefits than the plan otherwise provides, say attorneys at Baker & McKenzie.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • 5 Issues For Employers To Consider When Shaping Benefits

    Michelle Capezza

    In light of recent legal developments, most notably passage of the Affordable Care Act, and ongoing national issues, such as America's looming retirement crisis, corporate employers will continue to face incredible challenges to their offered health and benefit plans, says Michelle Capezza of Epstein Becker & Green PC.

  • Japan's Trade Secret Law Reform Should Focus On Discovery

    York Faulkner

    Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • The State Of Same-Sex Marriage In Florida

    Brad Gould

    If the Eleventh Circuit overturns the ruling in Brenner v. Scott, then Florida’s ban on same-sex marriage would remain in place — making the Eleventh Circuit the only circuit to uphold such a ban and opening the door to U.S. Supreme Court review, say Brad Gould and Dana Apfelbaum of Dean Mead Minton & Zwemer.

  • A Ban On Ban-The-Box?

    Natasha B. Dorsey

    In a regulatory landscape of ban-the-box laws and increased EEOC scrutiny of criminal history questions during the hiring process, employers in industries such as health care and finance are often put in the position of acting unlawfully because they are required to conduct background checks for certain positions. The Certainty in Enforcement Act could clarify things, but it also leaves the door open for trouble, says Natasha Dorse... (continued)

  • Brazil's E-Social Program: A New Horizon For Employers

    Walter Abrahao Nimir Junior

    The goal of Brazil's eSocial program is to gradually replace obligations from previous labor and social security withholding forms, thus reducing employers' repetitive and excessive submission of information, say Walter Abrahao Nimir Junior and Marina Alfonso de Souza of De Vivo Whitaker e Castro Advogados.