Employment

  • August 28, 2015

    NJ Toy Co. Faces Whistleblower Suit From Ex-Sourcing Worker

    A former sourcing employee for a New Jersey-based toy manufacturer and distributor has slapped the company with a whistleblower suit in state court, claiming he was wrongly fired for speaking out about alleged choking-hazard and audit violations.

  • August 27, 2015

    Genesis Healthcare Faces FCA Row Over Unneeded Therapies

    Genesis Healthcare LLC is facing a consolidated False Claims Act suit brought by a group of therapists who claim the health care provider overcharged the government for therapies and put patients through unnecessary treatments to extract more money, according to a complaint unsealed Thursday in Pennsylvania federal court.

  • August 27, 2015

    DOL Sues Ohio Televangelist's Buffet For Wage Violations

    A televangelist served up pizza casserole and baked chicken at his Ohio buffet restaurant together with numerous sides of labor law violations, a filing in Ohio federal court alleges.

  • August 27, 2015

    Morgan Stanley Hit With $20M Retaliatory-Firing Suit

    Morgan Stanley was sued for $20 million on Thursday by two former brokers who say they were fired in retaliation for bringing up fraud and illegal activity at the megabank.

  • August 26, 2015

    Laundry App Hangs Workers Out To Dry, Suit Says

    Wash.io Inc., a mobile application that media have dubbed “the Uber of laundry,” was hit with a putative class action in California court Tuesday for allegedly paying below the minimum wage and classifying standard employees as independent contractors to avoid state labor laws.

  • August 26, 2015

    Unions Sue LA County In Labor Commission Sabotage Row

    A coalition of labor unions representing Los Angeles County employees on Tuesday lodged a California state suit that accuses the county’s board of supervisors of sabotaging a labor commission so it could tilt the outcome of disputes in the county’s favor.

  • August 25, 2015

    Online Gaming Co. Employee Accused Of Trade Secrets Theft

    A former employee of the maker of the popular “Game of War” mobile app appeared in California federal court Tuesday to face a theft of trade secrets charge in connection with proprietary files he allegedly downloaded shortly after learning of his termination, according to federal prosecutors.

  • August 25, 2015

    Guess Accused Of Stiffing Workers On Meal Breaks

    Guess Retail Inc. was hit with a proposed class action Monday in California state court accusing it of failing to provide its employees with meal breaks and proper wage statements, among other wage violations.

  • August 24, 2015

    Morgan Stanley Hit With $20M Whistleblower Fraud Suit

    Morgan Stanley was hit with a $20 million suit Monday in New York federal court by two whistleblowers who claim they were fired after complaining about unlicensed assistants and interns making batch trades in client accounts.

  • August 24, 2015

    Ex-Wawa Worker Says She Was Bullied For Being Gay

    Wawa Inc. has been slapped with a discrimination suit by a former longtime manager who alleges a supervisor bullied her and took away work perks after learning she was involved in the convenience chain’s Gay Straight Alliance, then fired her when she complained.

  • August 24, 2015

    AutoZone Accused Of Harassment, Wage Docking In Calif. Suit

    AutoZone Inc. was hit with a putative class action on Friday in California state court by a group of employees claiming the company’s stores regularly shorted wages and benefits, failed to keep accurate records and allowed harassment in the workplace, including derogatory comments on race, gender and marital status.

  • August 21, 2015

    Pa. Landscaping Co. Hit By Migrant Worker Wage Class Action

    A suburban Philadelphia landscaping company was slapped with a class action suit Friday in Pennsylvania state court alleging that Mexican workers it hired under the H-2B temporary nonagricultural worker visa program were not paid adequate wages.

  • August 20, 2015

    Nestle Waters Worker Says She Was Fired For Pregnancy

    A former Nestle Waters North America Inc. employee sued the company for discrimination in Texas federal court on Thursday, claiming that she was fired as a result of her pregnancy and that the company refused to follow her doctor-ordered lifting restrictions.

  • August 20, 2015

    Lowe's Hit With Worker Classification Class Action In NJ

    Lowe's Home Centers LLC has been hit with a putative class action in New Jersey state court accusing the home improvement giant of illegally misclassifying installers as independent contractors and shirking employee benefit obligations in the process.

  • August 19, 2015

    Ex-Dunkin’ Donuts Worker Says Boss Harassed, Groped Her

    A former Dunkin’ Donuts employee smacked the food and coffee chain with a harassment lawsuit Tuesday in New York state court, alleging her direct supervisor repeatedly made comments regarding her sexual orientation, gender and race, inappropriately touched and physically abused her and that she was denied wages and medical benefits.    

  • August 19, 2015

    DOL Fleecing H-2A Visa Sheepherders On Wages, Suit Says

    The U.S. Department of Labor’s policies for calculating a wage floor for sheepherders in the H-2A visa program have led to the exclusion of nearly all U.S. workers from the industry’s labor force, according to a complaint filed Tuesday in Colorado federal court.

  • August 19, 2015

    Clerk Says Stained Dress Proves Texas Judge's Sex Abuse

    A Texas justice of the peace has been slammed with a lawsuit by his former clerk who accused him of forcing her to perform sexual favors or risk losing her job, saying she has clothing with his semen on it as proof of the abuse.

  • August 18, 2015

    NJ Mayor Accused Of Harassing Investigation Witness

    The onetime director of a county housing authority in New Jersey has sued a local town and its mayor for allegedly harassing him because he spoke to investigators about the mayor's improper receipt of federal housing funds, which were eventually halted.

  • August 18, 2015

    Watermelon Harvester Shorted Migrant Workers, DOL Says

    A Michigan-based agricultural labor contractor illegally paid its workers on a per-piece basis for unloading watermelons, withheld pay and didn't provide overtime compensation, the U.S. Department of Labor alleged in Michigan federal court as part of its continuing crackdown on watermelon producers.

  • August 17, 2015

    Gas Inspection Co. Says Ex-CEO Shut Down Its Website

    A Texas energy inspection company sued its former CEO in state court Monday, alleging that after he was terminated last week, he shut down the company website, took the company’s social media hostage and may be poaching the company’s clients.

Expert Analysis

  • Deflategate, Reinsurance Disputes And Arbitrator Bias

    Jean Paul Jaillet

    Although NFL fans do not routinely contemplate issues of arbitrator bias, partiality arguments made by New England Patriots quarterback Tom Brady during ongoing litigation over his Deflategate suspension are similar to common arguments made during reinsurance arbitration disputes, says J.P. Jaillet at Choate Hall & Stewart LLP.

  • Hospital Chain Pays Heavily For Being Too Clever

    One substantive lesson from Doughramji v. Community Health Systems Inc. is that when a defendant in a False Claims Act qui tam case pays money for the release of a relator's claim, the relator will likely be entitled to reasonable attorneys' fees as a prevailing party unless the settlement agreement says otherwise — and says it unambiguously, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • Taking On LGBT Issues In The Texas Workplace

    Stephen J. Roppolo

    Same-sex marriage. Sexual orientation anti-discrimination ordinances. Transgender accommodations. Texas employers, already buffeted by changes in union organizing and wage-and-hour rules, should come to grips with the legislative and enforcement landscape over LGBT rights since the only constant in employment law is more change, says Stephen Roppolo of Fisher & Phillips LLP.

  • Mitigating FCA Whistleblower Risk When Employees Leave

    David Pivnick

    Effective exit interviews and questionnaires can be an important component in preventing and hindering future False Claims Act litigation. It is important to make departing employees feel comfortable revealing not only specific fraudulent activity, if identified, but also general disquiet about the company’s compliance culture, say members of McGuireWoods LLP, Duff & Phelps LLC and Axiom Law.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • Paid Sick Leave For Contractors Is Par For The Course

    Joshua F. Alloy

    President Obama's expected executive order on paid sick leave for workers employed by federal contractors and subcontractors is the latest in a series of employment-related executive orders intended to improve wages, benefits and terms and conditions of employment for employees of government contractors, says Joshua Alloy of Arnold & Porter LLP.

  • 1st Of Its Kind FCA Settlement May Not Be Last

    Andrew J. Finan

    The U.S. Department of Justice is claiming the settlement agreement with Pediatric Services of America Inc. is a “first of its kind” settlement because it is the first involving a health care provider’s failure to investigate, report and repay overpayments received from federal health care programs under Section 6402 of the Affordable Care Act. While the agreement may be the first of its kind, it likely won't be the last, says Andr... (continued)

  • Flawed Logic In DOL's Proposed White Collar Salary Test

    Deborah K. Foster

    The U.S. Department of Labor's justification for the historically high salary test for the white collar exemptions to the Fair Labor Standards Act is based on the assumption that workers who will fail the new salary test would also fail the duties test. However, comparisons of the likelihood of passing the duties test to average salaries by occupation demonstrate that assumption does not always hold, say economists at Edgeworth Economics LLC.

  • 5 Legal Considerations Before Firing Employees In Calif.

    Joshua R. Dale

    Unfortunately, wrongful termination lawsuits have increased. Particularly in California, once you decide to terminate an employee, there are a number of steps to take and considerations to make to protect your interests and ensure you conduct the termination with dignity, says Joshua Dale of Michel & Associates PC.

  • Confusion Over FCA’s Seal Requirements Continues

    Robert J. Sherry

    The Fifth Circuit's decision in Rigsby v. State Farm Fire & Casualty Co. and the Fourth Circuit's decision in Smith v. Clark/Smoot/Russell reaffirm that federal courts are highly reluctant to dismiss cases brought under the False Claims Act for breaches of its seal provisions. They also reinforce divisions among the circuits concerning the applicable standards for such dismissals, says Robert Sherry of Morgan Lewis & Bockius LLP.