Employment

  • May 3, 2016

    AP Editor Accuses Agency Of Race Discrimination, Retaliation

    A race and ethnicity editor at the Associated Press sued the news agency on Monday in District of Columbia federal court for allegedly tolerating an atmosphere of hostility toward African American employees and retaliating against her when she complained.

  • May 3, 2016

    Adult Film Co. Kink.com Fined For Condom Use Violations

    California’s Division of Occupational Safety and Health on Tuesday hit adult film and fetish site Kink.com with a proposed $146,600 fine for multiple safety violations that include not requiring actors to use condoms, in violation of a state health standard, according to a press release.

  • May 3, 2016

    MSG Sues To Block NYC’s Paid Sick Leave Subpoenas

    The Madison Square Garden Co. filed a lawsuit in New York state court on Tuesday, looking to quash a pair of subpoenas issued by the city’s Department of Consumer Affairs that seek information about MSG’s compliance with paid sick leave laws, saying that it always complied and that the investigation is unfounded.

  • May 3, 2016

    NAACP Sues Ala. Gov. For Blocking City’s Minimum Wage Hike

    The NAACP hit Alabama’s governor and attorney general with a suit Thursday in federal court over their role blocking Birmingham’s minimum wage increase, which it says would have benefited black residents, in favor of what it calls an unconstitutional and racially motivated state law barring city-enacted wage minimums.

  • May 2, 2016

    Gynecologist Accuses Hospital Of Silencing Her On Abortion

    A gynecologist who performs abortions at the MedStar Washington Hospital Center in Washington, D.C., lodged a federal civil rights complaint Monday claiming the hospital is unlawfully blocking her from advocating for the procedure due to hospital-security concerns. 

  • May 2, 2016

    Uber Hit With New Suit Over Driver Classification, Tips

    Less than two weeks after Uber settled two class actions with California and Massachusetts drivers for $100 million, a putative class of drivers from the remaining 48 states hit the company with a similar suit over worker classification and missing tips in Illinois federal court.

  • April 29, 2016

    Roscoe’s Chicken Sued Over Rest Breaks, Lighter-Skin Bias

    A former waitress for Roscoe’s House of Chicken & Waffles served the famous restaurant with a proposed class action saying she was forced to clock out for breaks she didn’t get to take and added individual claims, including that she was discriminated against for having darker black skin.

  • April 29, 2016

    Pa. Oil Co. Slapped With FLSA Class Action in OT Tussle

    Pittsburgh-based EQT Production Co. was hit with a putative class and collective action in Pennsylvania federal court Thursday accusing the oil and natural gas company of misclassifying certain employees as exempt and preventing them from collecting overtime wages after they put in up to 84 hours of work a week.

  • April 29, 2016

    Hospital Hit With EEOC Suit For Requiring Flu Vaccines

    The U.S. Equal Employment Opportunity Commission is suing a North Carolina hospital in federal court on behalf of employees who say they were given the choice between being terminated or violating their religious beliefs by receiving a flu shot.

  • April 28, 2016

    Oilfield Workers Hit Rush Wellsite With OT Class Action

    Two oilfield workers slapped Rush Wellsite with a proposed class and collective action in Pennsylvania federal court Thursday, alleging they were denied appropriate overtime pay even though they regularly spent more than 40 hours a week at work.

  • April 28, 2016

    NFLers Say Former Firms Can't Claim Concussion Award Fees

    NFL legend Gale Sayers and six other former players involved in litigation over the NFL’s response to the dangers of concussions asked a Pennsylvania federal court Wednesday to block their former attorneys from taking cuts of any individual awards they might receive, saying they severed their attorney-client relationships long ago.

  • April 28, 2016

    New York Times Hit With Discrimination Class Action

    Two female African-American advertising account managers slammed The New York Times Co. with a putative class action in New York federal court on Thursday, alleging the paper's business unit pays minorities, women and older workers less and has targeted them for buyouts as part of companywide layoffs.

  • April 28, 2016

    Leading Fla. Accountant Sues Former Firm For Fraud

    Accountant Barry Mukamal, one of South Florida's leaders in the insolvency field, has accused his former firm, Marcum LLP, and its managing partner of fraud regarding compensation, bonuses and the recovery of millions of dollars allegedly stolen by former partners.

  • April 27, 2016

    NLRB Hits Volkwagen With Suit Over Union At Tenn. Plant

    The National Labor Relations Board slapped a Volkswagen AG unit with a complaint Tuesday accusing the automaker of engaging in unfair labor practices by not recognizing the unionization of a small group of plant workers in Tennessee represented by the United Auto Workers.

  • April 26, 2016

    Verizon Pushes NY Court To Rein In Union Strike Tactics

    Verizon Wireless on Tuesday brought its fight with the Communications Workers of America to New York state court, claiming that the labor union and it supporters need to be stopped from damaging the company through aggressive protesting tactics being used during an ongoing worker strike.

  • April 25, 2016

    Cardio Clinic Wants IRS To Adjust For Embezzlement Fallout

    An Arkansas cardiology clinic is fighting the IRS’ decision to bring a collection action over unpaid payroll taxes for the year 2014, saying the agency ignored that the business’ bookkeepers had embezzled funds and left a disaster of missing documents and tax liabilities in their wake.

  • April 22, 2016

    Nationwide FLSA Suit In Fla. Attacks Uber Worker Status

    Uber was hit with a putative collective action in Florida federal court Friday that seeks to certify a nationwide class claiming the ride-sharing giant's classification of its drivers as independent contractors and not employees violates requirements of the Fair Labor Standards Act.

  • April 22, 2016

    Horsemen's Group Can't Block Track Deals, Judge Says

    An Illinois horsemen’s group can't ban a Chicago-area racetrack from contracting with another group before the racing season starts in May, a federal judge ruled Thursday, finding that no other group is likely to make such a move down the stretch.

  • April 22, 2016

    Cole Haan Regularly Denies OT And Breaks, Calif. Worker Says

    A former longtime Cole Haan employee is accusing the New Hampshire-based shoe and accessories retailer of systematically denying store employees overtime pay and meal or rest breaks, according to a complaint bumped up to California federal court Thursday.

  • April 21, 2016

    Rabbi Sues Manischewitz In $1M Sliding Kosher Standards Row

    A rabbi has launched a New York federal suit that seeks at least $1 million and accuses Manischewitz of trying to get him fired from his job managing its kosher compliance after he complained that the world's biggest matzo maker was relaxing its kosher-quality standards.

Expert Analysis

  • High Court's Free Speech Ruling Bolsters Employee Rights

    Zachary Cantor

    Following the U.S. Supreme Court's ruling in Heffernan v. City of Paterson, it is now clear that the definition of protected speech for employees has been expanded. The decision squarely shifts the onus to employers to prove their policies and procedures are not intended to chill protected discourse, says Zachary Cantor, a principal at Cantor Law.

  • 5 Takeaways From 9th Circ. Ruling In TWC Timecard Case

    Adam Rosenthal

    This week, the Ninth Circuit issued a crushing blow to a plaintiff who sought to use the California Labor Code to extract millions of dollars in penalties from his former employer, Time Warner, based entirely on the theory that over a 13-month period he was “underpaid” $15.02 and is owed compensation for precisely one minute. The decision restores some sanity to wage-and-hour jurisprudence, says Adam Rosenthal of Sheppard Mullin Ri... (continued)

  • Gig Economy: Settlements Leave Labor Issues Unsettled

    Miriam A. Cherry

    Perhaps what the recent $100 million Uber settlement shows us, more than anything, is the weakness of regulating labor standards through the method of private attorneys bringing class actions. But more important than these legal maneuvers is the issue of work changing in response to technological restructuring, says Miriam Cherry, a professor at Saint Louis University School of Law.

  • Scalia’s Vacancy Shifts High Court On Class Actions

    Brian S. Kabateck

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.

  • Employee Safety: When A 'Reasonable Response' Isn’t Enough

    Melody L. Rayl

    What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.

  • Gig Economy: Are Your Workers Employees? The 6-Part Test

    Rachel Bien

    Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.

  • The Deemed Export Rule And Employment Nondiscrimination

    John J. Burke

    For employers that are caught between complying with export control laws and anti-discrimination laws, the U.S. Department of Justice recently issued guidance to help companies navigate these seemingly contradictory requirements. But, while helpful in some areas, the guidance may add to the confusion in other areas, say John Burke and Sabrina Shadi at BakerHostetler LLP.

  • Gig Economy: The Case For Local Regulation Of Ride Apps

    Peter M. Mazer

    “The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.

  • The Fight For Streaming Royalties Is Going Over The Top

    Nathaniel L. Bach

    A short-lived class action seeking allegedly unpaid royalties for content that World Wrestling Entertainment sold or licensed to both Netflix and to WWE Network is a free lesson in the challenges that both new and traditional over-the-top licensors may face, and how profit participant plaintiffs might seek to pursue networks and broadcasters for streaming royalties going forward, says Nathaniel Bach of Gibson Dunn & Crutcher LLP.

  • Interpreting Duran V. US Bank In The Aftermath Of Tyson

    Steven D. Allison

    The decisions in Duran v. U.S. Bank and Tyson Foods v. Bouaphakeo seem like mirror images. One approved the use of statistical sampling to establish an employer’s liability, the other rejected the same method in a similar case. But on closer inspection, the U.S. Supreme Court’s reasoning in Tyson is more similar to the California Supreme Court’s in Duran than the outcomes would suggest, say attorneys at Crowell & Moring LLP.