Employment

  • September 17, 2014

    Calif. Lawmaker Improperly Used, Harassed Staff, Suit Says

    A former legislative director for California State Assemblyman Steve Fox has filed a discrimination lawsuit against him in state court, accusing him of misusing state resources and fostering a hostile work environment, including exposing himself to her at one point, and then firing her when she reported the activities.

  • September 15, 2014

    Washington Farm Faces EEOC Pregnancy Bias Suit

    The U.S. Equal Employment Opportunity Commission on Monday lodged a complaint against Tiny’s Organic LLC in Washington federal court, alleging the family-owned farm unlawfully fired a worker because of her pregnancy. 

  • September 15, 2014

    Shoe Giant DSW Pays $900K To End EEOC Age Bias Row

    Discount shoe retailer DSW Inc. will fork over $900,000 to settle the U.S. Equal Employment Opportunity Commission’s suit accusing it of terminating a class of employees over the age of 40 and firing other employees for opposing its age discrimination practice, according to a Monday filing in Illinois federal court.

  • September 15, 2014

    EEOC Hits Texas Pharmacy With Pregnancy Bias Suit

    The U.S. Equal Employment Opportunity Commission on Monday launched a federal lawsuit against a Texas pharmacy, accusing the company’s president of illegally discriminating against a pair of pregnant employees.

  • September 12, 2014

    ProLogic Hits Subcontractor With $25M Trade Secrets Suit

    ProLogic Inc. slammed two former employees and its ex-subcontractor Aquarian Systems Inc. with a $25 million breach of confidentiality and tortious interference suit in Maryland federal court on Thursday, alleging they stole the company's software trade secrets to wrest away a U.S. Department of State contract.

  • September 11, 2014

    Bareburger, Franchisees Hit With 2nd Suit Over Unpaid OT

    Environmentally friendly restaurant chain Bareburger Inc. hasn’t ensured that its franchisees have paid its employees sufficient minimum wages and overtime pay, a former food preparer and delivery worker has claimed in a proposed collective action filed in New York federal court.

  • September 11, 2014

    FCA Whistleblowers Accuse Gilead Of Defective-Drug Fraud

    Gilead Sciences Inc. cheated taxpayers by selling contaminated and defective drugs to Medicare and Medicaid, whistleblowers charged in a False Claims Act lawsuit unsealed Wednesday in California federal court, adding to rising fraud litigation over alleged manufacturing violations.

  • September 10, 2014

    Mets Owner Told Pregnant Exec To Get Married, Suit Says

    A former New York Mets executive accused the team and co-owner Jeffrey Wilpon of humiliating her for being pregnant and unmarried, alleging in a federal suit filed Wednesday they fired her in retaliation for her sexual discrimination complaints.

  • September 10, 2014

    Moses & Singer Gave Bad HIPAA Advice In Merger, Suit Says

    Moses & Singer LLP was hit with a suit in New York state court by a former American Medical Alert Co. employee who claims his firing resulted from the firm’s negligent representation that the company was compliant with the Health Insurance Portability and Accountability Act before and during its recent merger.

  • September 10, 2014

    Regenerative Med Co. Says Ex-Employees Stole Trade Secrets

    Regenerative medicine research company Cesca Therapeutics Inc. sued rival SynGen Inc. and three of Cesca’s former employees in California federal court on Tuesday, saying the defendants deprived the company of its trade secrets by developing confidential technology and marketing it through SynGen.

  • September 10, 2014

    EEOC Says Cummins Medical Release Form Violated ADA

    The U.S. Equal Employment Opportunity Commission slapped a subsidiary of power generation company Cummins Inc. with an Americans With Disabilities Act suit in Minnesota federal court on Monday for allegedly asking a worker to sign overly broad medical release forms in violation of federal disability and genetic information law.

  • September 9, 2014

    Steakhouse Wants Yelp To Cough Up Name Of Spitting Waiter

    The owner of a Manhattan steakhouse asked a New York state judge on Monday to order Yelp Inc. to disclose the identity of a supposed employee who allegedly posted a review saying managers encourage employees to spit in the food, claiming Yelp has failed to voluntarily provide the information.

  • September 9, 2014

    IRS Hit With Massive Class Action Over Tax Preparer Fees

    Two accountants sued the U.S. Internal Revenue Service in D.C. federal court on Monday, saying their proposed class action targeting the agency's annual tax preparer fees has 700,000 entities and can claim $130 billion in damages.

  • September 8, 2014

    Forest City Blames Skanska Exec For Brooklyn Project Delay

    A unit of developer Forest City Ratner Cos. sued Skanska AB on Friday in an ongoing dispute over a deal to develop a residential building at Brooklyn's Pacific Park, claiming an executive at the construction giant had no contractual right to unilaterally pull workers off the job.

  • September 5, 2014

    Letterman Interns Join Slew Of Entertainment Wage Suits

    A former intern for The Late Show with David Letterman says she wasn’t paid for the time she worked there and that the company illegally classified her as exempt from wage laws, according to a class action filed in New York state court on Thursday, joining a spate of other interns who say their entertainment industry employers used them for cheap labor.

  • September 5, 2014

    Hilton, Marriott Workers Hit Management Co. With Wage Suit

    Hospitality company Intermountain Management LLC has been hit with a proposed class action suit in California federal court alleging the company failed to pay overtime and other wages due to employees at Marriott and Hilton properties it managed.

  • September 5, 2014

    MetLife Asks Court To Decide Wives' MLBPA Payout Claims

    Metropolitan Life Insurance Co. launched a suit Thursday asking a California federal court to resolve competing claims for a deceased baseball player's Major League Baseball Players Association Plan payouts filed by his ex-wife and his widow, citing complications concerning the benefits' dispersal.

  • September 4, 2014

    Daiichi Sankyo Targeted Worker In Retaliation, Suit Says

    A former quality assurance employee with a Daiichi Sankyo Co. Ltd. unit has launched a whistleblower suit in New Jersey claiming the pharmaceutical company retaliated against him for protesting its failure to produce certain product-related materials.

  • September 4, 2014

    Car Dealer Fired Worker For Refusing To Pray, Suit Says

    A former general manager of a CarSense Inc. franchise alleges he was fired from the used-car dealership for refusing to participate in religious activities, in addition to refusing to terminate African-American employees, according to a suit recently removed to New Jersey federal court.

  • September 4, 2014

    Former MillerCoors Employee Guzzled $13.3M, Suit Says

    MillerCoors LLC has accused a former senior national sales manager of stealing $13.3 million by approving invoices for a network of shell companies overseen by a network of friends and former co-workers, targeting him with a fraud and civil conspiracy suit in Wisconsin court.

Expert Analysis

  • Apple Class Certification Will Affect All Tech Companies

    Ian C. Schaefer

    The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.

  • White House Continues Push For Contractor Labor Rules

    Susan Cassidy

    Two recent executive orders impose significant compliance burdens on contractors. The duty to self-report labor violations is likely to present attractive grounds for bid protests. It also could spur additional litigation from workers who become aware of violations for the first time as a result of these disclosures, say attorneys with Covington & Burling LLP.

  • Differing, Changing Pleading Standards For FCA Suits

    Jonathan Feld

    Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.

  • Texas High Court Stays Course On Restrictive Covenants

    David M. Gregory

    The Supreme Court of Texas' decision in Drennen v. Exxon Mobil Corp. approved an alternative approach for employers to garner periods of noncompetition from prior employees and continues the court’s recent trend toward broader enforcement of restrictive covenants, says David Gregory of Locke Lord LLP.

  • ACA Tax Subsidy Dispute May End Up Before High Court

    J. Peter Rich

    Given the political composition of the D.C. Circuit as it prepares to hear Halbig v. Burwell en banc, it is expected that the full court will rule in favor of the government, which may ultimately result in appeal to the U.S. Supreme Court, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Answering Your Questions On NJ's 'Ban-The-Box' Law

    Jill R. Cohen

    New Jersey employers should understand that the Opportunity to Compete Act that Gov. Chris Christie recently signed into law is more lenient than prior iterations — which would have prohibited employers from asking about criminal records until after a conditional offer of employment was made to an applicant, says Jill Cohen of Eckert Seamans Cherin & Mellott LLC.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • A Wake-Up Call To Counsel Over ESI Discovery

    Eric P. Mandel

    There are two important takeaways from Brown v. Tellermate Holdings Ltd. — search terms often produce both over-inclusive and under-inclusive results and it's imperative counsel test the accuracy of electronically stored information search methodology before committing to use it or to a firm production timetable, say Charles Ragan and Eric Mandel of Zelle Hofmann Voelbel & Mason LLP.