Employment

  • July 30, 2015

    Fla. Burger King Wage Suit Says Time Cards Were Doctored

    A Burger King worker on Wednesday told a Florida federal judge that the franchisee of the restaurant where he worked altered his and other employees’ time cards in order to avoid paying them overtime.

  • July 30, 2015

    Miami Tunnel Workers Say They Were Denied Overtime Pay

    A putative class of construction workers who helped build the Miami Tunnel project that created direct highway access to PortMiami filed a Fair Labor Standards Act suit in Florida federal court Wednesday alleging Bouygues Civil Works Florida Inc. owes them overtime pay.

  • July 29, 2015

    Workers Hit Cable Co. With Collective Action Over OT Pay

    A proposed class of employees for a Texas cable company launched a putative collective action in Georgia federal court Tuesday, accusing their employer of violating the Fair Labor Standards Act by withholding overtime compensation and not paying for other work.

  • July 29, 2015

    Film Co. Says Union Owes $5M For Lying To Secure CBA

    Nu Image Inc., a California film production company, sued its employees' union Tuesday to recover more than $5 million in damages it claims to have incurred after the union allegedly tricked it into signing a collective bargaining agreement requiring contributions to benefit plans.

  • July 29, 2015

    Akin Gump Sued For Firing Black Staffer Over Parking

    Akin Gump Strauss Hauer & Feld LLP was hit with a race discrimination suit in Texas federal court Tuesday for allegedly firing a black employee in Dallas for using the wrong parking garage while not terminating white employees who had done the same.

  • July 28, 2015

    Ex-Teva Exec. Blames Firing On FCPA Probe Cooperation

    The former director of finance for Teva Pharmaceutical Industries Ltd.'s Latin America region sued the company Tuesday for allegedly firing her after she began cooperating with federal authorities on a Foreign Corrupt Practices Act investigation.

  • July 28, 2015

    Vail Resort OK'd Harassment of Mexican Workers: EEOC

    The Equal Employment Opportunity Commission filed a complaint Monday in Colorado federal court against timeshare condominium complex Vail Run Community Resort Association Inc. and its management company for allegedly permitting a housekeeping manager to sexually harass Mexican female employees, including attempted rape.

  • July 27, 2015

    Anthem Sued Again Over Gilead Hep C Drug Coverage

    Anthem Blue Cross is wrongfully withholding Gilead Sciences Inc.’s newly approved yet expensive treatment for hepatitis C by claiming policyholders aren’t sick enough to get it, a practice that violates ERISA law, according to a putative class action filed Friday in California federal court.

  • July 27, 2015

    Big Lots Background Checks Breach FCRA, Class Action Says

    A job applicant hit Big Lots Stores Inc. with a proposed class action in Illinois court on Friday, accusing the retailer of violating the Fair Credit Reporting Act by running background checks on current and prospective employees without their knowledge or consent.

  • July 24, 2015

    Staffing Firm CRS Hits Ch. 11 In Wake Of Tax Issue

    Corporate Resource Services Inc. sought Chapter 11 protection in Delaware bankruptcy court on Thursday, a decision the staffing agency said stems from a discovery earlier this year that a company it dealt with allegedly failed to pay $80 million in withholding taxes.

  • July 24, 2015

    Customers Say Pa. Hotels Keep Worker Tips For Themselves

    Guests who stayed at three hotels in the Poconos hit the hotels’ owners with a putative class action in Pennsylvania federal court on Thursday, claiming the chains deceive their guests by requiring them to pay millions of dollars per year in fees on top of regular room costs.

  • July 23, 2015

    Baylor Sued By Research Doctor Over Patent Royalties

    A research doctor has sued Baylor Scott & White Health and Baylor Research Institute Inc. in Dallas state court, alleging the hospital is refusing to pay him an agreed-upon royalty percentage for patents that have been licensed to pharmaceutical companies.

  • July 23, 2015

    Steris Corp. Accused Of Selling Tainted Goods To Gov’t

    Contamination control company Steris Corp. is being accused in a whistleblower’s lawsuit unveiled in Illinois federal court of improperly sterilizing medical devices and then covering it up, causing millions of dollars worth of unusable products to be sold to the U.S. government.

  • July 22, 2015

    Hostess At Famed NYC Eatery Claims FLSA Violations

    A hostess, coat checker and maitre d’ at upscale French restaurant Le Perigord in New York City filed a suit against the restaurant and its owners in New York federal court, claiming they violated the Federal Labor Standards Act and New York Labor Law by failing to pay her minimum wages and overtime pay.

  • July 21, 2015

    Football Coach Says Univ. of Pittsburgh Reneged On Contract

    A former assistant football coach with the University of Pittsburgh hit the school with a breach of contract lawsuit Monday, claiming it cut a two-year offer in half after he gave up a job with Iowa State and moved his family to Pennsylvania.

  • July 21, 2015

    Lululemon Brass Sued Over Ex-Chair's 'Suspicious' Trades

    Investors in yoga apparel maker Lululemon Athletica Inc. have launched a derivative lawsuit in Delaware Chancery Court, unsealed Tuesday, accusing directors of "turning a blind eye" to a series of what they say were roughly $80 million worth of "suspiciously timed" stock trades by then-Chairman Dennis "Chip" Wilson.

  • July 21, 2015

    Aetna Hit With Suit Over Cap On Autism Benefits

    Aetna Inc. and a California affiliate were hit with a proposed class action in California federal court on Monday, alleging that the health insurance giant wrongly caps benefits for the treatment of autism spectrum disorder, in violation of state and federal health laws.

  • July 20, 2015

    Aviation PE Firm's Co-Founder Claims Partners Shut Him Out

    A co-founder and stakeholder in private equity company ZC Aviation Partners One LLC launched a lawsuit in the Delaware Chancery Court late Friday claiming the company’s two other members have “raided” its corporate structure and directed its assets ultimately to the family of philanthropist S. Daniel Abraham.

  • July 20, 2015

    Under Armour Sued Over Alleged Racist Remarks

    Sports apparel maker Under Armour Inc. is facing allegations that one of its managers was subjected to racist remarks by his superior and passed over for promotions after he complained, according to a suit removed to California federal court on Monday.

  • July 20, 2015

    Maquet Accused Of Retaliation By Ex-Compliance Exec

    A former compliance executive with Maquet Getinge Group has sued the medical device manufacturer in New Jersey state court for allegedly firing him because he protested regulatory violations and other improper conduct surrounding the company's products.

Expert Analysis

  • 3 Class Actions Before The Supreme Court

    Fred T. Isquith

    Perhaps the case potentially most consequential is Campbell-Ewald Co. v. Gomez, which raises intriguing procedural issues and would affect any class action where the defendant offers to the plaintiff full damages and any feasible fees and costs, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How To Craft An Effective BYOD Policy

    Brandon C. Ge

    When crafting bring-your-own-device policies, employers should retain the right to access devices for business purposes and describe employees’ responsibilities, which may include reporting lost or stolen devices within a certain time frame and refraining from using unapproved devices or installing unapproved applications, says Brandon Ge of Epstein Becker & Green PC.

  • A Closer Look At Deflategate's Venue Battle

    Gregg Clifton

    As you can see from the separate filings made by the National Football League and the National Football League Players Association, the judicial forum where the Deflategate dispute will be decided is crucial. The NFL effectively utilized the first-to-file rule and gained a perceived early advantage at this phase of the litigation, says Gregg Clifton, co-leader of Jackson Lewis PC's collegiate and professional sports practice group.

  • What Worries Will Wearables Give Employers?

    Catherine T. Barbieri

    Aside from the confidentiality and privacy pitfalls that wearable technologies can create in the workplace, wearables may ultimately force companies to improve the technology that they are using to ensure compliance with wage and hour and other laws, says Catherine Barbieri of Fox Rothschild LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Discrimination Issues Playing On Center Court

    Jeffrey S. Kravitz

    If I were representing women's tennis players, I would argue that exposure to Wimbledon's center court means greater exposure to marketing opportunities and that failure to give this equal opportunity is discriminatory. If I were representing the tournament, I would argue that the market speaks and that the audience for the men’s game is greater than that for the women’s, says Jeffrey Kravitz of Fox Rothschild LLP.

  • 7th Circ. Doesn't End Debate Over Ill.'s Fifield Rule

    Jason B. Hirsh

    The Seventh Circuit's opinion in Instant Technology LLC v. DeFazio did not so much as mention adequacy of consideration, Illinois' Fifield rule and the series of opinions challenging its validity, or the inconsistency in the district court. In the end, with any luck, the Illinois Supreme Court will soon step in and resolve this matter once and for all, says Jason Hirsh of Levenfeld Pearlstein LLC.

  • Shedding Light On Conn.'s Pay Secrecy Law

    Daniel L. Schwartz

    Connecticut's Public Act No. 15-196 provides employees in the state with a private right of action against alleged gender pay discrimination. Employees may file a complaint alleging a violation of the law in any court of competent jurisdiction, and the language of the law appears to contemplate collective or multiple plaintiff lawsuits, say Daniel Schwartz and James Leva of Day Pitney LLP.

  • Corporate Reputation Management Vs. Employee Privacy

    Kara Lyons

    Information posted by or about an employee can have a deeply negative impact on a company’s image. Companies are responding by more carefully monitoring employees, but there are substantial limits and risks when an employer monitors and acts on the basis of employee activity on social media, say Rob Kilgore of Absio Corporation and Kara Lyons and Nicole Truso of Faegre Baker Daniels LLP.

  • Managing A Company's Internal Environmental Investigation

    Rob Van Walleghem

    Unless corporate policy is absolute, in-house counsel should advocate for use of the work-product privilege when conducting U.S.-based internal investigations. A company can always choose to waive the privilege if it decides to disclose its finding to the government — but it loses that option if it never invokes the privilege in the first place, say attorneys at Alston & Bird LLP and Tervita Corp.