Employment

  • January 27, 2015

    Ex-Workers Hit Scotts With Class Action Over Biz Expenses

    A group of former product merchandisers for Scotts Co. LLC filed a putative class action Monday against the lawn and garden product manufacturer in California state court, alleging the company refused to reimburse them for cellphone usage and other work expenses.

  • January 27, 2015

    Interns Say Rolling Stone, Others Failed To Pay Them

    Former interns of Rolling Stone, retailer Lacoste and fashion firm The House of Z LLC each kicked off the latest round of wage-and-hour class actions in a New York state court, accusing the companies of unlawfully denying interns a minimum wage.

  • January 26, 2015

    Tyco Sues Fire Safety Rival For Stealing Employees, Secrets

    Tyco Fire Products LP slammed fire-safety products rival Conbraco Industries Inc. with a lawsuit in Pennsylvania federal court Friday, alleging the company poached several Tyco employees and tried to lure away Tyco customers by using stolen trade secrets.

  • January 26, 2015

    Fired Pa. Open Records Chief, Senate GOP Caucus Sue Gov.

    Pennsylvania’s Senate Republicans and the recently canned director of the state Office of Open Records filed suit against the state’s new governor Monday, saying his firing of the director was an “unlawful power grab” and violated the separation of powers.

  • January 26, 2015

    US Enrichment Sues Feds For $43M In Pension Costs

    United States Enrichment Corp. slapped the federal government with a breach of contract suit on Friday, alleging that the U.S. Department of Energy stiffed it for $42.8 million of retiree benefit costs after it finished work on a contract at a nuclear fuel plant in Portsmouth, Ohio.

  • January 26, 2015

    Calif. Trucking Co. Hit With Unpaid Wages Class Action

    A truck driver slapped California Cartage Company LLC with a putative class action Friday in California state court claiming the trucking and delivery company cheated him and other drivers out of their fair share of pay by misclassifying them as independent contractors.

  • January 26, 2015

    Target's 'Walk of Shame' Drove Cashier To Suicide, Suit Says

    The mother of a former Target Corp. cashier in California has accused the retailer of causing her son’s suicide after he was allegedly subjected to a handcuffed “walk of shame” in front of co-workers and customers meant for employees suspected of stealing.

  • January 26, 2015

    Aerospace Part Maker Hit With Unpaid Wages Class Action

    Aerospace and defense electronics parts maker Conesys Inc. was hit with a putative class action in California state court Friday, accusing it of failing to pay overtime and depriving workers of required meal and rest breaks.

  • January 23, 2015

    Kaiser Hit With Suit Over Doctor's Alleged Sexual Assaults

    Kaiser Permanente is under fire from three former health plan participants who allege in a putative class action filed in California state court Thursday that they were sexually harassed by a former doctor working out of a Kaiser facility.

  • January 22, 2015

    Ruby Tuesday Denied Males Summer Positions, EEOC Says

    The U.S. Equal Employment Opportunity Commission on Thursday accused the restaurant chain Ruby Tuesday Inc. of sex discrimination against its male workers by excluding them from summer resort employment opportunities because of co-ed housing concerns.

  • January 22, 2015

    Stites & Harbison Says Attys Hijacked Social Media Accounts

    Kentucky law firm Stites & Harbison PLLC on Thursday filed a suit in Kentucky federal court accusing three former attorneys of hijacking social media accounts related to the firm’s trademark blog and that they plotted to create a competing firm while they were still employed.

  • January 22, 2015

    Insurers Say Chemtura Can't Tap Predecessors' Policies

    A London market insurance company group sued Chemtura Corp., its affiliates and insurers in New York state court Thursday, disclaiming responsibility for environmental remediation costs and food industry employee suits relating to dangerous chemical exposure.

  • January 22, 2015

    Google Codes Force Users To Give Free Labor, Suit Says

    Google Inc. software used to verify that actual people are trying to access websites by asking them to decipher pictures of words uses some of that data to transcribe text Google’s algorithms can’t read on their own, a putative class action alleged Thursday in Massachusetts federal court.

  • January 22, 2015

    McDonald's Ignored Race-Based Firings, Harassment Suit Says

    McDonald's Corp. and a franchisee were slapped with a federal lawsuit Thursday by former workers who claim they faced blatant racial and sexual harassment and that the fast food giant turned a deaf ear to their complaints after they were terminated because they were black.

  • January 21, 2015

    Cantor Sues To Scrap Trader's $1.2M Arbitration Win

    Cantor Fitzgerald & Co. filed suit Tuesday in Illinois court to vacate a $1.2 million arbitration award in favor of a former trader at the firm, alleging it never entered into a binding, written contract guaranteeing the trader’s compensation.

  • January 21, 2015

    Baker Botts Sued By Would-Be Client Over Email Disclosure

    Baker Botts LLP was sued last week by a former Texas Commission on Environmental Quality employee, who alleges he was fired after the firm disclosed to the agency his email seeking representation for a potential whistleblower complaint.

  • January 20, 2015

    Burberry Hit With Wage Class Action By Former Intern

    Burberry Ltd. is the latest luxury goods peddler to be hit with a class action over wages, with a lawsuit filed in New York on Friday by a former intern who accuses the company of cheating interns out of pay for work that doesn’t provide any academic benefit.

  • January 20, 2015

    NY Restaurant Slams Immigrant Association With RICO Row

    Liberato Restaurant filed a Racketeer Influenced and Corruption Organizations Act suit in New York federal court Friday against Laundry Workers Center United, accusing the association of attempting to extort it by harassing employees and patrons and filing baseless National Labor Relations Board and civil suits.

  • January 20, 2015

    Ex-DLA Piper Atty Sues Firm Over Disability Coverage

    A former DLA Piper LLP associate accused the firm of keeping him from receiving long-term disability benefits in a California federal lawsuit entered Monday that includes allegations that an employee benefits manager misclassified him on purpose.

  • January 20, 2015

    Wrestlers Smack WWE With Suit Over Brain Injuries

    Two former wrestlers are suing World Wrestling Entertainment Inc. over business practices they say encourage performers to fight injured and downplay the possibility of future brain injuries, according to a putative class action filed in Pennsylvania federal court Friday.

Expert Analysis

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • Normal Contract Rules Apply For E-Signing In Calif.

    Alan S. Kaplinsky

    A California appellate court's recent ruling in Ruiz v. Moss Bros. Auto Group Inc. shows that, even though nearly all jurisdictions recognize the legal effect of electronic signatures, employers must be able to establish that the electronic signature was the act of the employee, say attorneys at Ballard Spahr LLP.

  • 10-K Conundrum: How SEC Filings Breed Employment Claims

    Jessica Linehan

    A recent Seventh Circuit decision provides a cautionary tale for employers deciding what level of detail about litigated matters to include in publicly disclosed U.S. Securities and Exchange Commission filings, say attorneys with Dorsey & Whitney LLP.

  • D&O Coverage May Be An Asset During Data Breaches

    Sabrina N. Guenther

    While there have so far been no reported cases regarding the application of directors and officers policies to class actions arising out of data breaches, D&O policies are designed to cover acts that directors and officers perform in their jobs and the allegations in the Target Corp., Sony Pictures Entertainment Inc. and other lawsuits fall directly within that purpose, say Matthew Jacobs and Sabrina Guenther of Jenner & Block LLP.

  • NJ Independent Contractor Ruling Favors Employees

    Mark E. Tabakman

    Unemployment cases involving independent contractor determinations have shown that the ABC test is one of the toughest for employers trying to prove the absence of an employer-employee relationship. Accordingly, the New Jersey Supreme Court's recent decision in Hargrove v. Sleepy's LLC has decidedly and emphatically increased the coverage and protection of New Jersey wage and hour laws in favor of employees, says Mark Tabakman of F... (continued)

  • White Collar Exemption Changes May Increase Labor Costs

    Michael V. Abcarian

    When the U.S. Department of Labor publishes the specifics of its anticipated changes to the white collar exemption rule in February, it is a virtual certainty the DOL will impose a substantially higher minimum salary for valid application of the Fair Labor Standards Act's administrative, executive and professional exemptions, says Michael Abcarian of Fisher & Phillips LLP.

  • Is OSHA About To Ramp Up Its Whistleblower Program?

    Debra S. Friedman

    The U.S. Occupational Safety and Health Administration is exploring additional ways to increase damage awards from its whistleblower program given its recent announcement that it plans to lower the investigatory standard for cases from a preponderance of the evidence to reasonable cause. If it does, employers can expect OSHA investigators to find more cases meritorious and push for more monetary settlements, says Debra Friedman of ... (continued)

  • 5 Employment Laws Calif. Businesses Should Know In 2015

    Hilary Weddell

    The California Legislature recently enacted a number of wide-ranging employment laws that will affect California businesses in 2015, including expanded discrimination protections to interns, required anti-bullying training and a codified joint employer liability, says Hilary Weddell of McManis Faulkner.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Preemption Questions For Ill. Payroll Deduction IRA Plan

    Joni Andrioff

    There are important differences between the federal myRA program and Illinois Secure Choice Savings Program Act and it remains an open question whether a state law requiring employers to participate in a state-run payroll deduction individual retirement account program is preempted by Section 514(a) of the Employee Retirement Income Security Act, say Joni Andrioff and Eric Serron of Steptoe & Johnson LLP.