Employment

  • December 2, 2016

    Ex-Rockstar Energy Rep Claims Workers Wrongly Classified

    Energy drink giant Rockstar Inc. is facing a putative class action filed in California Superior Court by an ex-sales representative, who claims the company misclassified certain workers as exempt employees, leading those workers to be denied overtime and meal breaks in violation of state labor law.

  • December 1, 2016

    Engineer In Metro-North Derailment Sues For Negligence

    The engineer who reportedly fell asleep while operating a Metro-North commuter train that derailed in the Bronx, New York, in December 2013, killing four people, sued the railroad for negligence in Manhattan federal court Thursday, seeking $10 million and claiming the railroad’s shoddy systems caused the accident.

  • December 1, 2016

    EEOC Says Trucking Co. Illegally Passed Over Bipolar Vet

    A Texas refrigerated trucking company violated federal law when it failed to hire a U.S. Air Force veteran because he takes medicine to treat bipolar disorder, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed Thursday in Texas federal court.

  • November 29, 2016

    Eagles Lineman Says Suspension Violates Federal Labor Law

    Philadelphia Eagles offensive tackle Lane Johnson has filed complaints with the National Labor Relations Board and the U.S. Department of Labor challenging his 10-game suspension as a violation of federal labor laws and his union contract.

  • November 28, 2016

    Ex-Citigroup Employee Alleges 'Boys' Club,' Unlawful Firing

    A former financial adviser for Citigroup sued the bank in New York federal court on Monday, accusing the bank of being a “boys’ club” where she was subject to gender-based discrimination and fired after revealing that a manager allegedly pressured her for insider trading tips.

  • November 28, 2016

    Doc Office's Benefit Plan Not On Hook For $1M Tax, Suit Says

    The IRS should not seek nearly $1 million in back taxes owed by a New Jersey medical practice from its benefit plan or from property gifted to the practitioner’s children, the plan contended in a U.S. Tax Court suit filed Monday.

  • November 23, 2016

    Facebook Workers Sue For Race Discrimination At NC Center

    Two Facebook employees sued the social media giant in California federal court Tuesday, alleging the company ignored slurs and engaged in pay and promotional discrimination against black employees at a North Carolina facility, in spite of their complaints to management and their reports to the Equal Employment Opportunity Commission.

  • November 23, 2016

    Schlumberger Unit Failed To Pay OT, Suit Alleges

    A unit of Schlumberger Ltd. has been regularly scheduling its oilfield workers for long workweeks but failing to pay them overtime, according to a proposed class action Tuesday alleging violations of the Fair Labor Standards Act and Pennsylvania and Ohio state laws.

  • November 23, 2016

    Oil Co. Insurers Seek Out Of Employee Suit Coverage

    An insurer for a southern Illinois oil company Tuesday filed suit seeking declaratory judgment that it doesn't owe coverage for two underlying lawsuits brought against the company by employees of the oil company who claimed they inhaled toxic fumes as a result of their work.

  • November 22, 2016

    Ex-LA Times Sportswriter Sues For Age Discrimination

    A former sports blogger for the Los Angeles Times says he was passed over for a promotion and eventually fired because he is in his 60s and testified against the newspaper, alleging the sports editor mandated that the section “had to get younger” in the latest age discrimination lawsuit against the newspaper.

  • November 21, 2016

    NFL Players' Suit Seeks Coverage For Living CTE Sufferers

    Thirty-eight former players sued the National Football League and its 32 clubs Monday in a Florida federal court seeking a judgment directing the league to provide workers' compensation benefits for living patients suffering from the degenerative brain disorder chronic traumatic encephalopathy, which they say is linked to concussions.

  • November 21, 2016

    Ex-Aramark Exec Says False Drinking Claim Spurred Firing

    A former Aramark executive filed suit in Pennsylvania state court on Thursday claiming that his erstwhile employer fired him over a false allegation that he'd been drunk at work, while simultaneously encouraging a culture of excessive drinking at company events.

  • November 17, 2016

    Equus Shareholder Challenges Equity Plan For Co. Brass

    An investor in business development company Equus Total Return Inc., which is said to have $52.5 million in holdings, launched a putative class action Wednesday challenging a plan to award top leadership up to 25 percent of the firm’s equity at a substantial discount before a planned merger.

  • November 17, 2016

    BJ’s Wholesale Hit With OT Suit By Midlevel Managers

    A proposed class of BJ’s Wholesale Club Inc. middle-management employees accused the bulk-sale retailer of shortchanging them on overtime pay in a suit removed to Florida federal court Wednesday.

  • November 17, 2016

    Kroger Worker Says She Was Forced Out Over Pregnancy

    The Kroger Co. was hit Tuesday with a proposed class action in Tennessee federal court by an employee claiming she was forced to leave her job without pay during a complicated pregnancy because the national supermarket retailer refuses to accommodate pregnant workers, despite regularly accommodating injured workers.

  • November 17, 2016

    Ex-Amerisource Employee Claims Its Lies Cost Him Jobs

    A former employee of drug wholesaler AmerisourceBergen sued the company in Pennsylvania state court Wednesday, alleging that it spread false information that prevented him from landing three other sales jobs in the industry.

  • November 16, 2016

    Wells Fargo Execs Face Phony Accounts Derivative Suit

    Wells Fargo & Co. executives padded their pockets with paychecks totaling $66 million in 2015, despite knowing their unrealistic sales tactics led workers to open thousands of unauthorized accounts without customer consent, according to a derivative shareholder suit filed in California federal court on Tuesday.

  • November 15, 2016

    Former Chinese Diplomats Charged In Labor Trafficking Suit

    Two former Chinese diplomats who manage U.S. operations for a Chinese construction company have been charged in New York federal court for conspiring to commit labor trafficking, alien smuggling and visa fraud for allegedly forcing Chinese workers assigned only to diplomatic facilities to work on private projects.

  • November 15, 2016

    IT Workers Say UCSF Illegally Outsourced Jobs

    The University of California, San Francisco was slapped with complaints Monday accusing it of laying off about 80 information technology workers due to age, national origin, sex and race and illegally replacing them with foreign workers through the H-1B visa program.

  • November 14, 2016

    Porn Actors’ HIV Suits Not Covered, Says Insurer

    A Crum & Forster insurance unit slapped a pair of San Francisco-based porn studios with a complaint on Friday in California federal court claiming coverage was excluded for three underlying lawsuits brought by former performers who claim to have contracted HIV during video shoots.

Expert Analysis

  • Hitting Pause On FLSA White Collar Changes

    Kathleen Anderson

    The eleventh-hour preliminary injunction from the Eastern District of Texas against expanded coverage under the Fair Labor Standards Act is a blow to the U.S. Department of Labor, which had estimated expanded overtime coverage to more than four million additional employees, says Kathleen Anderson of Barnes & Thornburg LLP.

  • Top 10 Whistleblowing And Retaliation Events Of 2016

    Steven J. Pearlman

    This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.

  • What Is 'Public Interest' Under California Anti-SLAPP Law?

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    Under California’s anti-SLAPP statute, a court may strike causes of action arising from defendants’ exercise of free speech rights concerning matters of "public interest." But because the statute does not define "public interest," California courts have construed it in varying ways. The California Supreme Court may soon provide guidance, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.

  • The Rise Of 'Wrongful Hiring' Claims

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    Employment practices liability insurance policies often cover wrongful termination claims, but they are much less likely to provide coverage for "wrongful hiring" claims, when companies provide employment favors to families with powerful connections, says Evan Bundschuh of Gabriel Bundschuh & Associates Inc.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • EEOC's New 4-Year Plan: What Employers Need To Know

    Michelle Lee Flores

    In its updated strategic enforcement plan for fiscal years 2017 to 2021, the U.S. Equal Employment Opportunity Commission added some new priorities, including issues related to complex employment structures in the 21st-century workplace, and backlash discrimination against Muslims, Sikhs and persons of Arab, Middle Eastern or South Asian descent, says Michelle Lee Flores of Cozen O’Connor PC.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • The Carrot-And-Stick Approach To Incentive Compensation

    Kevin LaCroix

    A recurrent governance proposal to remedy corporate excesses has been the idea of clawing back the compensation paid to company officials who presided over corporate scandals, such as the one at Wells Fargo. But the assessment that clawback provisions actually counterbalance the distorted incentives of an “extreme” incentive compensation plan depends on a psychological assessment that may or may not be valid, says Kevin LaCroix of RT ProExec.

  • Conflicting Agency Guidance On Confidentiality Policies

    Celina Joachim

    In recent months, agencies not traditionally involved in the labor and employment realm have issued guidance impacting future iterations of employee handbook and code of conduct policies. Along with the guidance comes substantially higher consequences for failure to comply, including potential criminal prosecution, say Celina Joachim and Ryan Vann of Baker & McKenzie LLP.

  • SOX Win Shows Strong Need For Whistleblower Protections

    Jason Zuckerman

    In Becker v. Community Health Systems Inc., the U.S. Department of Labor recently awarded $1.9 million in damages to a Sarbanes-Oxley whistleblower in a decision that clarifies several key aspects of SOX whistleblower protection and underscores the importance of providing strong protection to corporate whistleblowers, say Jason Zuckerman and Dylan Yépez of Zuckerman Law.