A Florida franchisee of several Jersey Mike’s Franchise Systems Inc. sub shops was hit with a putative class action Wednesday accusing him of evading federal overtime regulations by splitting up employees’ hours across his nine stores.
Risk management software company Reval.com Inc. slapped rival Kyriba Corp. with a $3.7 million suit in New York state court alleging it improperly sought to obtain an unfair competitive advantage by poaching employees and seeking out confidential trade secrets.
Bed Bath & Beyond Inc. discriminates against its employees on the basis of race, gender and age, providing preferential treatment to warehouse workers who are young, male and Hispanic, according to a putative class action in New Jersey federal court.
The chief judge for a Texas appellate court has been sued for alleged retaliation by a staff attorney who claims the chief intervened to block him from working for another judge on the court after the attorney sent a letter raising concerns about the judge’s potential financial impropriety.
Several ex-employees of WellCare Health Plans Inc. have accused the Medicare and Medicaid plan provider of violating the False Claims Act by holding on to government funds meant to cover patient hospital stays even after rejecting requests for coverage, according to a suit unsealed in Florida federal court Monday.
Publix Super Markets Inc. and plaintiffs suing the chain over its job application process asked a Tennessee federal court on Monday to sign off on a roughly $6.8 million settlement, potentially laying to rest claims that the supermarket company violated the Fair Credit Reporting Act with improper background check procedures.
The federal government on Monday intervened in a False Claims Act suit accusing the city of New York and Computer Services Corp. of fraudulently billing Medicaid millions of dollars for services for children with developmental delays by using computer programs that automatically altered billing data.
The Township of Irvington, New Jersey, and its newly elected mayor have been hit in state court with a sexual harassment suit alleging the mayor sexually forced himself on a former direct report and promised her a promotion if she succumbed to his advances.
A Florida magistrate judge conditionally certified a collective class of exotic dancers Thursday in their lawsuit accusing a Miami strip club of stiffing them on wages and overtime, in violation of the Fair Labor Standards Act.
Two pension funds launched another challenge to Simon Property Group CEO David Simon's pay in a derivative lawsuit unsealed late Wednesday, arguing revisions to his compensation made in the midst of a prior Delaware Chancery Court fight weren’t good enough and could hand him more than $150 million.
HSBC Securities (USA) Inc. was hit with yet another suit in New York federal court Tuesday alleging it fired an employee who reported a colleague's alleged sexual harassment.
A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.
A former college soccer player slapped the National Collegiate Athletic Association and a slew of schools with a proposed Fair Labor Standards Act collective action in Indiana on Monday, contending that student athletes are temporary employees who must be paid at least minimum wage under federal law.
The U.S. Equal Employment Opportunity Commission on Tuesday hit a Maine farm and produce wholesaler with allegations that the business allowed a sexually hostile work environment and ignored female workers' complaints of groping and lewd comments from male co-workers.
Prophet Equity LP filed a $15 million suit against Twin City Fire Insurance Co. in Texas court Tuesday, for allegedly breaching a policy by refusing to pay the private equity fund after it was sued by a former employee.
Calvin Klein Inc. and parent company PVH Corp. are the latest targets of allegations that they didn't pay interns for work that didn't qualify as education or training, according to a proposed statewide class action filed Monday in Manhattan.
The Financial Industry Regulatory Authority urged a Florida federal judge on Monday to throw out wrongful termination and discrimination allegations from a former deputy regional director, criticizing her job performance and arguing that her position was eliminated as part of a companywide staff reduction.
The American Federation of Government Employees sued the U.S. Department of Agriculture in D.C. district court on Tuesday, alleging that a new rule designed to speed up poultry inspection is unsafe and against the law.
Car parts supplier National Auto Parts Inc. is accusing several former employees of raiding its computer files and defecting to a competitor who used the confidential information to steal away customers, according to a complaint filed in Illinois federal court Friday.
A former PricewaterhouseCoopers LLP employee accused Comcast Corp. of getting him fired after he complained to Comcast about lackluster service, alleging Thursday in a $1 million suit in California federal court that Comcast exploited its business relationship with PwC to retaliate against him.
The U.S. Supreme Court recently declined review of Leite v. Crane Co., a tort case brought against a U.S. Navy contractor for failure to warn about asbestos hazards. Although several issues decided in this case were novel to the Ninth Circuit, the decision aligns with established precedents from other circuits regarding the ability of federal contractors to remove tort cases, says Belynda Reck of Hunton & Williams LLP.
A fundamental precept of labor law is that working time is for work. Provided employer anti-recording policies do not discriminate against union activity, one cannot square this bedrock principle with the notion that employees have an unfettered right to make personal recordings on working time or inside the employer’s plant, says L. Brent Garrett of Fisher & Phillips LLP.
An employee has just returned from a trip to West Africa. Can you require him to stay home, essentially quarantined, for 21 days? This is just one scenario in which fears of Ebola may implicate an employer's obligations under a number of laws — not least of which are disability discrimination laws prohibiting differential treatment based on a perception of someone's physical condition, say attorneys with Kelley Drye & Warren LLP.
The result of the U.S. Department of Labor Administrative Review Board's decision in Fordham v. Fannie Mae will likely energize the plaintiffs bar and could make it more difficult for covered employers — and their contractors and subcontractors based on Lawson v. FMR LLC — to obtain dismissals of Section 806 whistleblower retaliation claims under the Sarbanes-Oxley Act, say attorneys at Littler Mendelson PC.
Even if the U.S. Department of Justice takes another year to adopt specific rules governing how websites can comply with the Americans with Disabilities Act, the threat of potential class actions against retailers favors advance planning now — the foremost advantage being companies will be better positioned to negotiate a settlement knowing they have a plan and date in place for remediation efforts, say Selena Linde and Kimberly Re... (continued)
Texas employers, particularly those in energy and hospitality, may be under increased scrutiny in 2015 from the U.S. Department of Labor’s Wage and Hour Division after it received an 18 percent budget increase and 2,000 additional staffers to crack down on worker retaliation in the Southwest, says David Giddens of Fisher & Phillips LLP.
As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.
After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.
As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.
The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.