Employment

  • September 30, 2016

    Former Tesla Engineer Accuses Company Of Age Discrimination

    A former materials engineer for Tesla Motors Inc. sued the company in California federal court on Friday, alleging that he was unlawfully fired because of his age after a series of unfair criticisms and comments about his age. 

  • September 30, 2016

    EEOC Sues Club For Bias Against HIV-Positive Waitress

    A Houston-area nightclub discriminated against a waitress because she is HIV-positive, firing her after a manager demanded she submit documents to prove she didn't have a disability, the Equal Employment Opportunity Commission alleged in a suit filed Thursday.

  • September 30, 2016

    Legal Assistant Claims Firm Fired Her After Leg Amputation

     A legal assistant who worked for Law Snakard & Gambill PC for about 20 years said in a Texas state court suit she was fired after a car accident led to her leg being amputated, and claims she was discriminated against because of her new disability.

  • September 30, 2016

    Seyfarth Shaw's Ex-Client Wants $2M For Insurance Failure

    Seyfarth Shaw LLP has been smacked with a $2 million malpractice suit in Los Angeles court by Landmark Worldwide LLC, a self-help product developer and former client, claiming the firm failed to report an underlying employee discrimination suit to Landmark’s insurer, which allowed the firm to charge more for its services.

  • September 28, 2016

    Ex-USC Football Player Sues NCAA, Seeking Unpaid Wages

    A former University of Southern California linebacker is leading a putative class of college football players in a lawsuit against the NCAA and the Pac-12 Conference, alleging the organizations prevent athletes from being considered employees deserving minimum wage pay under state and federal law.

  • September 28, 2016

    PharMerica Sues Ex-Employees Over New Rival Business

    PharMerica, a pharmacy chain serving nursing homes, sued three former employees who departed to form a rival business in Pennsylvania federal court on Tuesday, claiming that they breached noncompetes and have access to trade secrets.

  • September 27, 2016

    Ohio Library Worker Sues Over Transgender Surgery Denial

    A transgender employee at a Cincinnati public library sued the library and Anthem Blue Cross and Blue Shield in federal court Monday, saying the denial of insurance coverage for her sex reassignment surgery is a violation of gender-discrimination laws.

  • September 27, 2016

    Energy Logistics Exec Took Trade Secrets To Rival, Suit Says

    Energy logistics company Maxum Petroleum Inc. sued a former senior officer and its competitor Chemoil Corporation Inc. in Connecticut federal court Monday, accusing the ex-employee of stealing trade secrets and moving to the rival company in breach of his contract.

  • September 26, 2016

    EEOC: Hawaii Harley Dealer Fired Worker for Harassment Talk

    The U.S. Equal Employment Opportunity Commission hit a Hawaii Harley Davidson dealership chain with a suit in federal court on Friday alleging it retaliated against an employee for advising co-workers on how to file a hostile work environment claim for racial harassment.

  • September 26, 2016

    Staffer Sues Ex-Pa. AG Kane Over 'Retaliatory' Demotion

    The latest in a string of employment lawsuits against the Pennsylvania Attorney General’s office was launched last week as a former regional operations supervisor claimed that he faced age discrimination and was ultimately demoted for intervening on behalf of a staffer who successfully fought off a disciplinary challenge.

  • September 23, 2016

    Wells Fargo Hit With $2.6B Suit Over Scam-Related Firings

    Wells Fargo was slapped with a $2.6 billion putative class action in Los Angeles County Superior Court Thursday on behalf of the bank’s California workers who were allegedly fired or demoted for refusing to participate in the company’s recently revealed unauthorized account scam.

  • September 23, 2016

    EEOC Says Hospital Denied Religious Vaccine Exemptions

    An Erie hospital affiliated with the Allegheny Health Network was sued by the U.S. Equal Employment Opportunity Commission in Pennsylvania federal court Friday, over allegedly firing six employees after it denied their request for a religious exemption from the flu vaccine.

  • September 21, 2016

    L-3 Accused Of Firing Worker After Client Harassed Her

    A former L-3 Communications Corp. employee has sued the company for discrimination and retaliation in Texas state court, claiming she was fired after reporting a U.S. Air Force officer who worked with her department for sexual harassment.

  • September 21, 2016

    Ex-Clausen Atty Brings Stuck In China Suit To Ill. State Court

    A former partner at Clausen Miller PC is back in court with allegations that the firm left him to pick up the pieces when it terminated its Chinese practice in 2015, asking that an Illinois state court order Clausen to pay him back for the time he spent shutting down operations.

  • September 21, 2016

    Amazon Driver Says She Was Misclassified As A Contractor

    A delivery driver smacked Amazon.com LLC and a staffing agency on Tuesday with a proposed class action in California state court, claiming she and her colleagues were intentionally misclassified as independent contractors in order to deny them proper wages, despite being treated as regular employees.

  • September 21, 2016

    DOL Says Nursing Home CFO Diverted $3.6M From Fund

    The U.S. Department of Labor is suing a Connecticut nursing home and its chief financial officer over some $3.6 million in employee benefit plan funds allegedly transferred to a Jewish church in Brooklyn, the agency said on Wednesday.

  • September 20, 2016

    Dozens Of States, Biz Groups Challenge DOL Overtime Rule

    More than 50 business groups and 21 states on Tuesday filed suit in the Eastern District of Texas challenging the U.S. Department of Labor’s overtime exemption rule changes, arguing the agency unconstitutionally overstepped its authority to establish a federal minimum salary level for white collar workers.

  • September 19, 2016

    NASCAR Accused Of Racial Discrimination In Lawsuit

    Auto-racing organization NASCAR was hit with a racial discrimination lawsuit in a New York federal court on Monday seeking an estimated $500 million in damages for allegedly keeping out African-American drivers and team owners from its competitions, most notably the Sprint Cup Series.

  • September 19, 2016

    Dollar General Hit With $277K Verdict In Diabetic's Bias Suit

    Dollar General Corp. was ordered by a federal jury in Tennessee on Friday to pay more than $277,000 to a cashier who said she was fired after violating the store’s “grazing” policy and drinking a bottle of orange juice to treat a medical emergency related to her diabetes.

  • September 19, 2016

    Dave & Buster’s Sued Over Payroll Debit Card Fees In Oregon

    A former Dave & Buster’s employee is accusing the restaurant and entertainment chain of depriving her of wages by paying her on a payroll debit card that charged fees, in a putative class action removed to Oregon federal court Friday.

Expert Analysis

  • In The Hot Seat: Wells Fargo Shows 3 Deadly Sins Of SOX

    R. Scott Oswald

    Had Wells Fargo followed best practices under the Sarbanes-Oxley Act, CEO John Stumpf could have been spared his ongoing shaming by Sen. Elizabeth Warren, his further grilling before the Financial Services Committee of the U.S. House of Representatives — and possibly the end of his own career, says R. Scott Oswald of The Employment Law Group PC.

  • OPINION: NLRB Clashes With Corporate Social Responsibility

    Glenn Spencer

    It’s one thing for a business to request that its subcontractors and suppliers follow a code of conduct, but it’s quite another to incur legal liability if they don’t. Surprisingly, the National Labor Relations Board has presented businesses with this very dilemma, says Glenn Spencer, vice president of the Workforce Freedom Initiative at the U.S. Chamber of Commerce.

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • A Potential Secret Sauce For Mooting Class Claims

    Rick L. Shackelford

    Based on the U.S. Supreme Court's decision in Campbell-Ewald, we know that an unaccepted Rule 68 offer of judgment does not end an Article III case or controversy, and will not moot a plaintiff’s claim. However, what remains uncertain is whether there are any steps that can terminate a putative class action nonconsensually before class certification is litigated, says Rick Shackelford of Greenberg Traurig LLP.

  • How Escobar Is Already Affecting FCA Litigants

    Brian Irving

    A New York federal court's recent decision in U.S. v. Northern Adult Daily Health Care Center is one of the first to substantively apply the U.S. Supreme Court's ruling in Escobar. It highlights the barrier the False Claims Act’s materiality requirement poses to FCA relators while also suggesting ways in which courts already are divided in their interpretation of Escobar, says Brian Irving of Bass Berry & Sims PLC.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • 4 Considerations For Challenging Agency Actions

    Chris S. Leason

    The U.S. Supreme Court's 2015 decision in Perez v. Mortgage Bankers Association seemed to foreclose many challenges to so-called “interpretive rules” issued by federal agencies. However, the D.C. Circuit's recent decision in Agricultural Retailers Association and The Fertilizer Institute v. U.S. Department of Labor presents a road map for developing successful litigation against ostensibly “interpretive” agency guidance, say attorn... (continued)

  • Dudenhoeffer's Applicability To Privately Held Stock

    Chelsea Ashbrook McCarthy

    The Seventh Circuit's recent decision in Allen v. GreatBanc Trust made it the first court to expressly reject Fifth Third Bancorp v. Dudenhoeffer's application to plan investments in privately held stock. The decision clarifies a plaintiff's burden to plead a prohibited-transaction claim under Section 406 of the Employee Retirement Income Security Act, say Chelsea Ashbrook McCarthy and Louis Joseph of Holland & Knight LLP.

  • What To Know About EEOC's New Retaliation Guidance

    Matthew C. Cooper,

    The U.S. Equal Employment Opportunity Commission's recent guidance on retaliation attempts to help employers reduce the likelihood of retaliation by, among other things, outlining its analyses of recent case law and providing concrete examples. However, this does not always mean the agency agrees with the court rulings or that all court interpretations are incorporated into the guidance, says Matthew Cooper of Squire Patton Boggs LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.