• October 26, 2016

    Commodities Firm's Ex-GC Alleges 'Good Ol' Boys' Workplace

    The former general counsel of a commodity trading company accused it in a Connecticut federal court suit on Tuesday of age and sex discrimination, contending she was underpaid and that the company's all-male board fired her because she was an older woman in a "male-dominated industry."

  • October 24, 2016

    AARP Sues EEOC Over Wellness Program Incentives

    The AARP sued the U.S. Equal Employment Opportunity Commission in D.C. federal court Monday seeking an injunction against its wellness program regulations, saying they violate anti-discrimination provisions by punishing employees who choose to keep confidential health information private.

  • October 21, 2016

    Robert Half Sued Over FCRA Violations In Background Checks

    Robert Half International Inc. is facing a proposed class action filed in California federal court on Thursday by an Ohio man who accuses the staffing agency of reporting a false felony conviction to a potential employer before he could contest it, in violation of the Fair Credit Reporting Act.

  • October 20, 2016

    Consulting Biz Says Rival Poached Dozens Of Workers

    Corporate consulting firm FTI LLC has slapped competitor Berkeley Research Group with a suit in Massachusetts court over the alleged exodus of three dozen of FTI's best employees and purported trade secrets theft.

  • October 19, 2016

    Ex-Bed Bath Managers Say Classification Cost Them OT

    Bed Bath & Beyond is facing a proposed collective and class action filed in New York federal court Tuesday from former department and assistant managers who say the retailer improperly denied them overtime under the Fair Labor Standards Act with a “fluctuating work week” model.

  • October 19, 2016

    Seafood Co., Temp Agency Exploited Workers, DOL Says

    A Massachusetts seafood company and temporary employment agency underpaid more than 50 vulnerable, low-wage employees, falsified records and at times took improper deductions from workers' pay, according to a lawsuit brought by the U.S. Department of Labor.

  • October 18, 2016

    3M Hit With New Pa. Navy Base Contamination Suit

    Residents living near two former military bases and workers formerly employed there have slapped 3M Co. and a slew of others with class allegations that the companies contaminated the residents' water with toxic chemicals used in fire suppression foam during training activities.

  • October 18, 2016

    Salvation Army Refused To Hire Disabled Man, EEOC Says

    The Equal Employment Opportunity Commission sued the Salvation Army in federal court on Monday, claiming the charity organization refused to hire a young man at an Alaska thrift store because he is intellectually disabled.

  • October 17, 2016

    DC Metro Says Union Doesn't Have Say In Disciplinary Policy

    The Washington Metropolitan Area Transit Authority has the right to draft its own guidelines for disciplining and firing workers who have violated the transit agency's policies and procedures without having to negotiate them with a union, the transit agency claimed in a D.C. federal suit.

  • October 17, 2016

    NJ Energy Provider Settles SEC's $20M Accounting Fraud Row

    The U.S. Securities and Exchange Commission revealed Monday that an energy services provider and four of its former executives have agreed to settle accounting fraud claims that they booked $20 million in revenue before they should have.

  • October 14, 2016

    Workers Say Financial Tech Co. Denied Them On-Call Pay

    Fidelity National Information Services Inc. forced systems administrators and hardware planners to keep their cell phones on after hours and to answer work-related calls, texts and emails that they weren’t paid for, claimed a proposed collective action filed Thursday in California federal court.

  • October 14, 2016

    Navy Reservist's Firing Suit Can Be Arbitrated: 9th Circ.

    The Ninth Circuit joined two other appeals courts Friday and ruled the Uniformed Services Employment and Reemployment Rights Act does not ban forced arbitration, upholding a decision to dismiss a lawsuit filed by a U.S. Navy Reserve member who was fired from his job after being deployed to Afghanistan.

  • October 14, 2016

    Jack In The Box Served FLSA Suit By Calif. Store Manager

    A Jack in the Box store manager filed a proposed class and collective action against the fast food chain in California federal court on Thursday, alleging that store managers are misclassified as exempt employees and denied pay in violation of the Fair Labor Standards Act.

  • October 14, 2016

    Virgin Galactic Blasts Rival For Alleged Trade Secret Theft

    Virgin Galactic lobbed a suit against a commercial spacecraft company in a California state court on Thursday, accusing the company's co-founders of conspiring with a former Virgin rocket scientist to steal Virgin's trade secrets and start their own competing company.

  • October 12, 2016

    $1.45M Settles Ex-Anaheim City Atty's Discrimination Suit

    The former city attorney of Anaheim, California, has settled her discrimination lawsuit against the municipality for $1.45 million, ending more than two years of litigation less than a week before a scheduled trial, it was announced on Tuesday.

  • October 11, 2016

    Valuation Co. Sues Rival, Ex-Workers For Trade Secret Theft

    A Philadelphia-based company specializing in business valuation and advisory services sued a competitor and a group of its former employees in Pennsylvania federal court on Monday, saying they stole confidential information that has been used to poach current and prospective clients, in express violation of employment agreements.

  • October 11, 2016

    Contentious Fair Pay Rule For Contractors Sparks Texas Suit

    Construction and security industry groups have sued to block the contentious Fair Pay and Safe Workplaces rule, telling a Texas federal court that the rule oversteps the executive branch’s authority and unconstitutionally compels federal contractors to publicly disclose unproven allegations of labor violations.

  • October 6, 2016

    Disney Travel Co. Says Agents Stole The Magic Of Its Success

    An authorized Walt Disney Co. vacation planner filed a breach of contract lawsuit in New Jersey federal court Thursday against a group of its former agents, alleging they stole the company’s trade secrets and poached its employees when setting up a competing agency.

  • October 6, 2016

    Samsung, LG Accused Of Anti-Poaching Pact For Third Time

    A former LG employee lodged a suit in California federal court Wednesday accusing LG and Samsung of illegally agreeing not to poach each other’s workers in violation of federal, California and New Jersey antitrust laws, the third such suit targeting the Korean tech giants.

  • October 6, 2016

    NJ Bank Sued By Job Applicants Over Credit Reports

    Valley National Bank was slapped with a putative class action in New Jersey federal court Thursday alleging the company obtained consumer reports on job applicants without informing the candidates, in violation of the federal fair credit reporting law.

Expert Analysis

  • FCA At The 4th Circ.: Contemplating 2 Key Issues

    Matthew M. Curley

    Questions posed by a Fourth Circuit panel in Wednesday's oral arguments for Michaels v. Agape Senior Community suggest that the most likely outcome will reflect a decision by the Fourth Circuit affirming the district court’s conclusion that the government has an unfettered statutory right to object to a settlement reached between a relator and a defendant in a declined qui tam action, says Matthew Curley of Bass Berry & Sims PLC.

  • Employers Beware: Citizenship Status Discrimination Claims

    Yova A. Borovska

    Several recent enforcement trends demonstrate the importance of regular review of recruitment materials and practices for signs of employment discrimination issues. The use of citizenship or immigration status limitations in the recruitment process is only allowed in certain limited situations. Otherwise, it may result in discrimination prohibited under the Immigration and Nationality Act, says Yova Borovska of Buchanan Ingersoll & Rooney PC.

  • When Execs Must Pay Bankrupt Firms' Tax Penalties

    Tamar Dolcourt

    A case on appeal in the Sixth Circuit examines whether a corporate officer whose decision-making power has been removed by a secured creditor can still be held personally liable for a trust fund recovery penalty. The details of the firm's arrangement with the creditor and the particular factual circumstances will influence the court’s determination of responsibility and willfulness, says Tamar Dolcourt of Foley & Lardner LLP.

  • When Your Client Is The President

    C. Boyden Gray

    Every day, it seemed that virtually the entire day was spent trying to shape the news. Balancing the media day-to-day with the need for strategic planning requires staff to stay in their positions rather than congregate around the ball. Yet the impulse to run to the action is as tempting in the White House as on the soccer field, says C. Boyden Gray, who served as White House counsel for President George H.W. Bush.

  • Firing An Employee On FMLA Leave Isn't Always Unlawful

    Mark B. Wiletsky

    Terminating an employee out on Family and Medical Leave Act leave is risky business. But does that mean that an employer may never terminate an employee out on leave? No, but as demonstrated by the Tenth Circuit's recent decision in Olson v. Penske Logistics, you better have well-supported business reasons for your termination decision, says Mark Wiletsky of Holland & Hart LLP.

  • Lessons On Exec Bonuses From Sports Authority Bankruptcy

    Craig K. Schuenemann

    A recent, highly publicized decision from Delaware in the Sports Authority bankruptcy case provides a road map for how a debtor can keep its executives in place even though incentive payments to those executives may not be embraced by the debtor’s creditors or its former employees, says Craig Schuenemann of Bryan Cave LLP.

  • The SEC’s Aggressive Stance On Employee Agreements

    Renee Phillips

    In about a six-week span, the U.S. Securities and Exchange Commission has fined three different companies for employee agreements that, in its view, could impede individuals from communicating with the commission. The SEC’s prioritization of this issue, combined with its incredibly expansive interpretation of its whistleblower rule, places companies at a heightened risk of scrutiny, says Renee Phillips of Orrick Herrington & Sutcliffe LLP.

  • What The Media Gets Wrong About Arbitration

    Michael Fehner

    Recently, arbitration has been getting an increasingly bad rap from major media outlets. There appears to be a growing public distrust of arbitration as a dispute resolution mechanism, which portends harmful consequences to the legal system as a whole, says Michael Fehner of Irell & Manella LLP.

  • When Your Client Is The President

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • Assessing New Calif. Limits On Choice-Of-Law Provisions

    John B. Lewis

    Determining exactly how arbitration-related laws will be enforced in California is always a challenge, but two new laws — Senate Bill 1241 and Senate Bill 1007 — clearly aim to limit arbitration agreements in the state, says John Lewis of BakerHostetler.