• October 9, 2015

    Dow Chemical Sues Ex-Employee For Stealing Trade Secrets

    The Dow Chemical Co. on Thursday sued a former long-time employee who went on to consult for a rival overseas company, alleging in Pennsylvania state court he misappropriated Dow's "valuable and proprietary trade secret technology” for manufacturing paint polymers despite signing confidentiality agreements with the company.

  • October 9, 2015

    Another Chicago Union Files Suit Against Pension Reform

    Chicago Park District employees are challenging a pension reform law similar to the one struck down as unconstitutional by the Illinois Supreme Court this year, arguing in a new complaint that the state Legislature increased the retirement age and reduced benefits without consulting with workers first.

  • October 9, 2015

    Fla. Businessman Claims Brightstar Breached Joint Venture

    A Florida entrepreneur and his Netherlands-based company have accused wireless service provider Brightstar Corp. of manipulating the facts surrounding termination of their former joint venture in an effort to reduce payout of the plaintiffs' ownership share, according to a lawsuit filed in state court in Miami.

  • October 9, 2015

    Wal-Mart Fired Worker For Being Transgender, Suit Says

    A transgender employee of a Wal-Mart store in New Jersey has hit the retail giant with a discrimination suit, alleging she was harassed and ultimately terminated after revealing her gender identity to her superiors.

  • October 9, 2015

    'Amazing Spider-Man 2' Stuntman Sues Over Age Bias

    A veteran stuntman accused Sony Pictures and other producers of "The Amazing Spider-Man 2" of engaging in “particularly violent" age bias by trying to dissuade him from working on the film because he is over 60, according to a suit filed Thursday in California state court.

  • October 9, 2015

    BCBG Hit With Wage Theft Class Action Over On-Call Shifts

    BCBG Max Azria was slapped with a proposed class action in California state court Thursday alleging it failed to compensate employees who are required to report for on-call shifts but ultimately aren’t put to work.

  • October 9, 2015

    The Standard Hotel Hit With Wage-Hour Class Action In Calif.

    A former employee of The Standard Hotel lodged a putative class action in Los Angeles County Superior Court on Thursday, accusing the boutique hotel chain of not providing breaks to its workers and forcing them to work off the clock.

  • October 8, 2015

    IT Workers Hit General Dynamics With Wage-And-Hour Claims

    A pair of former General Dynamics Corp. workers accused the company of failing to pay overtime to the information technology help desk workers handling tasks linked to the company’s contract with U.S. Citizenship and Immigration Services, according to a Virginia proposed collective action filed Thursday.

  • October 8, 2015

    Delta Sues Over Canceled Flights Amid Pilot Contract Feud

    Delta Air Lines Inc. has sued Republic Airways Holdings Inc. in Georgia court, saying the airline suffered “millions” of dollars in losses when the regional affiliate failed to fly some connection flights during a contract fight with pilots, according to media reports.

  • October 8, 2015

    Comcast Beats Sleeping Ex-Employee’s Discrimination Suit

    A California federal judge on Thursday tossed a discrimination suit against Comcast, finding that the fired employee hadn't shown any proof that the company didn't genuinely believe he fell asleep on the job.

  • October 8, 2015

    Former Worker Slaps Keurig With Don-Doff Suit

    Keurig Green Mountain Inc. has been hit with a potential class action claiming that the coffee company violated the law by failing to pay workers at a California plant for the time it took them to put on and take off their uniforms and safety equipment.

  • October 7, 2015

    HBO, Apatow, Jagger Face OT Suit By 'Girls,' 'Vinyl' Workers

    HBO and the production companies run by Judd Apatow and Mick Jagger were hit with collective and class action allegations Wednesday in New York federal court alleging they’re cheating assistants tasked with holding parking spaces out of pay and breaks.

  • October 7, 2015

    PSU Coaches Fired After Sandusky Scandal Sue For Back Pay

    A pair of former assistant Penn State University football coaches filed suit against the school Tuesday claiming that they never received pay they were owed after being swept out the door in what they described as an effort to clean house following the Jerry Sandusky sex abuse scandal.

  • October 7, 2015

    Amazon, Staffing Co. Say High Court Ruling Nixes Pay Case

    Amazon.com and warehouse staffing agency Integrity Staffing Solutions have told a Kentucky federal court that the U.S. Supreme Court’s landmark ruling in their case, along with stark state laws, means that what remains of ex-warehouse workers’ wage-and-hour suit over security screenings pay must be dismissed.

  • October 7, 2015

    Reuters Hit With Wage-And-Hour Class Action In Calif.

    A Los Angeles-based journalist accused Reuters of misclassifying its workers as independent contractors to skip out on paying them benefits and overtime, according to a proposed class action entered in California federal court on Tuesday.

  • October 7, 2015

    Ex-Graubard Miller Atty Sues Over Cut Of $72M Fee

    A former Graubard Miller partner accused the law firm Tuesday of using tactics “tantamount to extortion” to escape liability for skewing a $72 million fee award's distribution among partners, $23.5 million of which allegedly landed in a single compensation committee member's pocket.

  • October 6, 2015

    Amazon Sued Again For Not Disclosing Background Reports

    A man denied a job at Amazon.com based on an allegedly inaccurate negative background report says the online retailer violated the Fair Credit Reporting Act by not warning him or allowing him to correct the record, according to a proposed class action complaint filed Tuesday in New Jersey federal court.

  • October 6, 2015

    CBS Hit With OT Suit From 'Elementary', 'Nurse Jackie' PAs

    A group of parking production assistants employed by CBS and its subsidiaries filed a fair labor standards collective action against the broadcaster on Tuesday in New York federal court, claiming they weren’t sufficiently paid for overtime hours worked guarding vehicles and blocking traffic on sets.

  • October 6, 2015

    NJ Houlihan's Operator Accused Of More Tip Violations

    The U.S. Department of Labor has accused the operator of 17 Houlihan’s restaurants in New Jersey and New York of “pervasive skimming from employees’ tips and wages” and flouting the minimum wage, overtime and record-keeping requirements of the Fair Labor Standards Act.

  • October 6, 2015

    Cushman & Wakefield Hit With $40M Age, Gender Bias Suit

    A long-time Cushman & Wakefield employee slapped the commercial real estate giant with a $40 million gender and age discrimination suit in New York state court Tuesday, alleging she was passed up for a promotion and ultimately fired in favor of a younger, male colleague.

Expert Analysis

  • Lessons From Hawaii's Trailblazing ACA 1332 Waiver Proposal

    Joel Ario (Manatt).jpg

    Hawaii recently became the first state to request that certain aspects of the Affordable Care Act be waived, highlighting some of the procedural and substantive issues that other states will have to address in moving forward with Section 1332 waiver proposals, say Joel Ario and Spencer Manasse at Manatt Phelps & Phillips LLP.

  • Words Of Wisdom On Employee Wellness Programs

    Nicole C. Baldwin

    The few wellness programs that have been challenged by the U.S. Equal Employment Opportunity Commission to date appear to penalize an employee for failing to participate. Therefore, employers should consider focusing on providing incentives for employees to participate in wellness programs, rather than penalties, says Nicole Baldwin of Carothers DiSante & Freudenberger LLP.

  • 10 Ways To Become A 360-Degree Lawyer

    Rosario Lozada Schrier

    Whether you’re a millennial joining the profession or a seasoned veteran, the challenges posed by the current legal market compel everyone to adapt and innovate. Law professors Rosario Schrier and Annette Torres team up to offer 10 tips to develop a more diverse skill set.

  • Going To The Heart Of Workplace Health Programs And Apps

    Christine E. Lyon

    Employers would be wise to ensure that employee participation in corporate wellness programs is purely voluntary and provide workers with transparent notice and choices regarding the use and collection of their data to avoid potential liability under health and privacy-related laws, say Libby Greismann and Christine Lyon of Morrison & Foerster LLP.

  • 9th Circ. Continues Calif.'s Chipping Away At Arbitration

    Cary D. Sullivan

    If further review is unavailing, the Ninth Circuit's decision in Shukri Sakkab v. Luxottica Retail North America Inc. upholding the California Supreme Court's Iskanian ruling, which found that a state law rule barring contractual waivers of California Private Attorneys General Act claims is not preempted by the Federal Arbitration Act, will likely lead to a rash of representative PAGA claims, say Cary Sullivan and Jaclyn Stahl of Jones Day.

  • The State Of DOL's Whistleblower Protection Program

    Matthew S. Stiff

    While substantial room for progress remains, the U.S. Department of Labor's shortcomings in enforcing federal whistleblower protections are largely due to insufficient resources, not a lack of commitment to whistleblowers, says Matthew Stiff of Katz Marshall & Banks LLP.

  • How Estimates Can Miss The Mark On Age Discrimination

    Stephen G. Bronars

    Perhaps due to the Great Recession or the growing share of workers age 40 and over, we have recently seen an increase in allegations of age discrimination in hiring. However, proper analysis of hiring discrimination is complicated by a lack of age information on employment applications and the fact that estimated benchmarks generally do not account for the propensity to be looking for a job, say Stephen Bronars and Nathan Woods of ... (continued)

  • Potential Problems With The California Fair Pay Act

    Allan G. King

    Although the California Fair Pay Act was passed to remedy a perceived gender gap in pay, the statute’s potential effects on the labor market likely will be more sweeping and unrelated to gender issues. The CFPA may require employers to equalize pay between employees performing vastly different jobs and those performing the same job in vastly different labor markets, says Allan King of Littler Mendelson PC.

  • 4th Circ. FCA Statistical Sampling Case Is One To Watch

    Jeanne A. Markey

    Courts have begun to accept statistical sampling not only for damages calculations but also as a means of proving liability under the False Claims Act — a trend that provides the government with a critical tool in ensuring that no fraud is “too big to prove.” The Fourth Circuit's decision in U.S. v. Agape Senior Community will be the first time a circuit court weighs in, say Jeanne Markey and Raymond Sarola of Cohen Milstein Sellers & Toll PLLC.

  • Carjacker’s Use Of Uncle’s Phone Implicates Business Rights

    Daniel Wenner

    A carjacking case out of a district court in Michigan illuminates a potential pitfall in the ubiquitous business practice of issuing to employees company-owned mobile phones and other devices — a pitfall with increased urgency in the wake of the Yates memo, say Daniel Wenner and Kenton Atta-Krah of Day Pitney LLP.