Employment RSS

  • April 17, 2014

    Boeing Hit With ERISA Suit Over Coverage For Autistic Kids

    Employees of The Boeing Co. filed a putative class action Thursday in Washington federal court, claiming the company breached fiduciary duties by not including behavioral therapy coverage for autistic dependents in their benefits plan, in violation of the Employment Retirement Income Security Act.

  • April 17, 2014

    Ex-Named Atty Seeks $1M From Patent Firm For Unpaid Fees

    A former shareholder in patent litigation boutique Williams Morgan PC recently launched a suit in Texas state court seeking more than $1 million from the firm for unpaid compensation he says he earned before striking out last year to start his own practice.

  • April 17, 2014

    NJ Ratepayer Advocate Hit With Bias Suit By Managing Attys

    New Jersey's Division of Rate Counsel has been hit with a discrimination suit in state court by two managing attorneys who say its director overlooked them for a promotion in favor of an underqualified candidate and berated them for questioning her decisions.

  • April 17, 2014

    Fla. Hospital Accused Of Medicare False Billing Cover-Up

    Florida-based hospital system Baptist Health System Inc. helped cover up a prominent doctor’s intentional misdiagnoses of many patients, including the billing of Medicare and Medicaid for unnecessary medical services, according to an employee whistleblower suit unsealed Monday.

  • April 16, 2014

    NYC Deputy Mayor Sued For Age Discrimination At Nonprofit

    A New York City deputy mayor who previously served as CEO of the nonprofit organization Children's Aid Society was hit with a lawsuit on Tuesday in Manhattan federal court by a former CAS vice president who claims she was terminated because of her age.

  • April 16, 2014

    Ex-Gore Engineer Arrested Over Trade Secret Theft

    A former W.L. Gore & Associates Inc. engineer facing accusations that he stole trade secrets from the high-tech fabric company was ordered to home confinement on Monday following his arrest while allegedly attempting to flee the country, according to documents filed in Delaware district court.

  • April 15, 2014

    Prime Healthcare Hit With Unpaid Wages Action In Calif.

    Prime Healthcare Centinela LLC was hit with a proposed class action in California court Monday by an employee alleging the hospital operator failed to pay overtime and provide meal and rest breaks to 400 employees at its 12 California hospitals in accordance with state employment law. 

  • April 14, 2014

    Texas Monthly Sues New York Times For Poaching Top Editor

    The publisher of Texas Monthly magazine launched a suit in Texas state court Friday alleging the New York Times Co. induced its former editor to breach his employment agreement while recruiting him to helm the New York Times Magazine.

  • April 14, 2014

    Law Firms Feud Over Atty Fees From Coventry ERISA Action

    Johnson & Weaver LLP accused law firms Harwood Feffer LLP and Gainey McKenna & Egleston in New York court on Thursday of breaching a fee-splitting agreement in a consolidated class action against Coventry Health Care Inc. over its retirement fund investments.

  • April 11, 2014

    Calif. Union Says Ex-Treasurer Owes $6.5M For Looting Funds

    The Southwest Regional Council of Carpenters filed a $6.5 million breach of contract and fiduciary duty suit against its former executive secretary-treasurer in California federal court Thursday, alleging he looted millions of dollars from union coffers to buy SUVs and treat himself to other luxuries.

  • April 11, 2014

    Banquet Managers Hit Marriott With Overtime Suit

    Marriott International Inc. on Thursday was slapped with a proposed class action in California court alleging the company failed to pay banquet managers all their earned wages by improperly classifying them as exempt from overtime compensation.

  • April 10, 2014

    NHL Players Body-Check League With 2nd Head Trauma Suit

    The National Hockey League was slapped Wednesday with a second concussion-related putative class action, this time in New York federal court, in which a slew of former players say the league failed to take any meaningful action to curb the risk of head trauma during games and practices.

  • April 10, 2014

    Staples Security Check Policy Targeted In Calif. Wage Suit

    A Staples Inc. subsidiary on Wednesday was hit with a proposed class action in California court alleging the company failed to pay warehouse workers all their earned wages by not compensating them for time spent undergoing mandatory security checks.

  • April 9, 2014

    Harrah's Poor Hiring Practices Led To Assault, Atty Says

    An attorney for the victim of an alleged assault by security officers at Atlantic City, N.J.’s Harrah’s Resort and Casino said Monday that the casino’s increasingly lax hiring, training and background-screening practices are to blame for what happened to his client.

  • April 8, 2014

    FPI Management Hit With Unpaid Wages Class Action

    FPI Management Inc. was slapped with a putative wage-and-hour class action Thursday by a current employee who claims the California property manager failed to pay her and other workers overtime as well as provide meal and rest breaks in accordance with California employment law.

  • April 4, 2014

    Ex-CB&I Exec Claims Defamation In Noncompete Row

    A former Chicago Bridge & Iron Co. executive launched a suit in Texas state court Thursday alleging the company’s CEO defamed him when he took a job as Primoris Services Corp.'s chief operating officer despite having negotiated an exception to his noncompete agreement before resigning.

  • April 3, 2014

    NJ Judge Accused Of Name-Calling, Pulling Worker By Ear

    Mercer County, N.J.'s presiding criminal judge violated ethical standards by repeatedly humiliating a drug court worker and demeaning other subordinates with name-calling, such as referring to one employee as his “little pet,” according to a complaint released Thursday.

  • April 2, 2014

    Hilton Accused Of Bilking Workers Out Of OT, Meal Breaks

    Hilton Worldwide Inc. was hit with a putative class action in California court Tuesday alleging a slew of state labor law violations, including failure to pay overtime wages and company policies prohibiting meal or rest breaks. 

  • April 2, 2014

    Netflix Smeared Ex-Exec After Amazon Move, Suit Says

    A former Netflix Inc. executive sued the company in California court on Tuesday for allegedly attempting to “blacklist” him after he took a job with Amazon.com Inc., claiming Netflix falsely accused him of stealing confidential information and caused Amazon to improperly fire him.

  • March 31, 2014

    Charged Ex-VP Says Brocade Must Cover Insider Trading Bills

    A former vice president for networking hardware vendor Foundry Networks Inc. who’s been charged with insider trading connected to the $3 billion merger with Brocade Communications Systems Inc. sued in Delaware Chancery Court on Friday to get Brocade to cover his legal expenses.

Expert Analysis

  • EEOC Investigations Bear Growing Court Scrutiny

    Basil C. Sitaras

    Following a pattern of decisions over the past year, the U.S. Equal Employment Opportunity Commission recently suffered another significant defeat due to its investigation process. Given the implications of the EEOC's defeat against Sterling Jewelers Inc., we anticipate the commission will appeal on matters concerning its conciliation efforts with employers, and, because of a clear circuit split, the U.S. Supreme Court may be the final arbiter on this issue, says Basil Sitaras of Day Pitney LLP.

  • The State Of Arbitration Enforcement In Calif.

    Neil R. Bardack

    Even with the judicial impact of several U.S. Supreme Court opinions, beginning with AT&T Mobility v. Concepcion, the predicament for the practitioner and client is that any provision that seeks to enforce arbitration of labor and consumer remedy statutes, or that makes the cost of arbitration too one-sided, runs a significant risk of not being enforced in a California state court, say Neil Bardack and Shannon Nessier of Hanson Bridgett LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Employers: Take Care In Crafting Confidentiality Clauses

    Christopher V. Bacon

    Employers are often surprised to learn that policies explicitly prohibiting employees from discussing salaries are in violation of Section 7 of the National Labor Relations Act, as was recently affirmed in Flex Frac Logistics LLC v. NLRB. However, employers are still entitled to take precautions in order to protect their confidential proprietary information and trade secrets from disclosure by their employees, say Christopher Bacon and Ashlee Grant of Vinson & Elkins LLP.

  • Calif.'s Prevailing Wage Law Will Punish The Noncompliant

    Jeremy C. Wooden

    California’s prevailing wage law may not be the oldest in the country, but it may be the most complex, evolving and litigated. The penalties for contractors and subcontractors who fail to comply with California's law have grown costlier — noncompliance risks up to a three-year ban on the bidding of public works projects in the state, says Jeremy Wooden of Foley & Lardner LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Ill. High Court Holds The Line On Employee Classification

    Michael G. Congiu

    The Illinois Supreme Court recently rejected a constitutional challenge to the Illinois Employee Classification Act from a roofing contractor on the grounds that the law violates procedural due process rights and is impermissibly vague. The court's move confirms the ECA's continued vitality, but it does not resolve other issues sure to arise in future litigation, including whether an employee is "performing services" under the law, say Michael Congiu and Amy Rettberg of Littler Mendelson PC.

  • Reading Between The Whistleblower Headlines

    Shanti Atkins

    The meteoric media rise of the “celebrity” whistleblower has shone a spotlight on the practice, with personalities such as Chelsea Manning and Edward Snowden dividing public opinion on the ethics of spilling secrets. But organizations should pay close attention to the surge in this trend beyond the headlines. Remember, whistleblowers don’t need to be popular to be effective, and opinions on their motives and morality are entirely secondary to the critical issues they potentially uncover, says Shanti Atkins of Navex Global.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Lawful Firings In NY May Hinge On 'Interactive Process'

    Courtney Stieber

    William Jacobsen v. New York City Health and Hospitals Corp. makes clear that, in order to escape trial and prevail on summary judgment, an employer generally must present evidence that it engaged in the "interactive process" regarding employee-requested accommodations. The decision solidifies a line of recent appellate decisions on an employer’s obligations toward disabled employees, say Robert Whitman and Courtney Stieber of Seyfarth Shaw LLP.