Employment

  • August 29, 2014

    Contractor Asks High Court To Review Mo. Deferred Comp Tax

    A contractor to the U.S. Department of Labor has petitioned the U.S. Supreme Court to hear its case arguing that the Missouri director of revenue wrongly counted a trust created for a deferred compensation plan as business income.

  • August 29, 2014

    Abercrombie & Fitch Settles Shareholder Suit Over CEO Pay

    Retailer Abercrombie & Fitch Co. on Friday reached a settlement in Ohio federal court with a shareholder who accused company directors including CEO Michael Jeffries of violating their fiduciary duties by failing to link CEO pay with performance and other lapses.

  • August 29, 2014

    Feds Join Whistleblower Suit Over UnitedHealth Hospice Billing

    The U.S. Department of Justice has intervened in two False Claims Act lawsuits brought by whistleblowers who say that for years, UnitedHealth Group Inc. defrauded Medicare by billing for hospice care delivered to patients who weren’t terminally ill.

  • August 29, 2014

    EEOC Says Ga. Farm Gave Short Shrift To American Workers

    The U.S. Equal Employment Opportunity Commission on Thursday sued a Georgia farm in federal court, alleging the company had a widespread practice of favoring foreign-born workers over white and African American workers born in the U.S.

  • August 27, 2014

    FIFA Hit With Class Action Over Soccer Concussion Risks

    Current and former soccer players on Wednesday accused FIFA, the sport’s international governing body, of failing to protect players from concussion risks, filing a class action complaint in California federal court seeking policy changes to limit injuries.

  • August 27, 2014

    SpaceX Hit With 2nd Class Action Over July Layoffs

    Space Exploration Technologies Corp. was hit with another proposed class action in California state court on Tuesday over the aerospace company’s alleged failure to give workers notice of a mass layoff in July, marking at least the second suit over the firings.

  • August 26, 2014

    Maker Studios Reneged On Pay, Showrunner's $19M Suit Says

    A former showrunner for Walt Disney Co.-owned Maker Studios Inc. claims the company’s executives reneged on a deal for stocks in exchange for most of his salary and now owe him as much as $19 million, according to a complaint filed in California Superior Court on Monday.

  • August 26, 2014

    WellPoint Rates MDL Should Have Many Classes, Court Told

    Health care providers and insurance plan subscribers on Tuesday urged a California federal judge to certify a host of classes in a multidistrict litigation alleging WellPoint Inc. illegally suppressed reimbursement rates including those paid to employee benefit plans, saying class members were uniformly paid less than the “reasonable” rates WellPoint promised.

  • August 26, 2014

    Market Basket Worker Files NLRB Complaint Amid Protests

    A Market Basket employee has hit the New England supermarket chain with unfair labor practices claims, alleging in a complaint with the National Labor Relations Board that the company interfered with workers' rights during protests that followed a shake-up in company leadership in June.

  • August 26, 2014

    Costco Hit With EEOC Harassment Suit Over Stalked Worker

    The U.S. Equal Employment Opportunity Commission hit Costco Wholesale Corp. with a sexual harassment suit in Illinois federal court on Monday over its alleged failure to protect a female worker from being stalked by a customer.

  • August 25, 2014

    Prime Healthcare Hits Union With Racketeering Claims

    Prime Healthcare Services Inc. on Monday lobbed racketeering allegations at Services Employees International Union, one of its affiliates and several union executives in California federal court, claiming they have engaged in a conspiracy to force Prime to allow the unionization of tens of thousands of its employees.

  • August 25, 2014

    Travel Nurses Hit Maxim Healthcare With Overtime Suit

    Maxim Healthcare Services Inc. was slapped with a putative class action in California federal court Friday alleging the health care staffing company stiffed hundreds of registered nurses on overtime pay and reimbursement for job-related expenses.

  • August 25, 2014

    Fla. Bank Exec Says He Was Fired For Reporting Misconduct

    A former executive of Gibraltar Private Bank & Trust has brought suit in Florida state court seeking damages under the Florida Whistleblower Act, saying the company fired him after he lodged complaints over another executive's alleged discriminatory behavior and noncompliance with banking laws.

  • August 25, 2014

    Insurance Broker Says 3 Former Execs Stole Trade Secrets

    Insurance brokerage Arthur J. Gallagher & Co. sued three former marine insurance executives in New York federal court Monday, claiming the trio plotted to steal proprietary information and lure lucrative clients to rival brokerage Howden Insurance Services Inc.

  • August 25, 2014

    NY Popeye's Restaurant Shorted Workers On OT, Suit Says

    Smart Chicken Corp., part of the national Popeye’s fried chicken franchise, was hit with a putative class action in New York federal court Sunday by current and former employees alleging the company failed to pay overtime wages in violation of federal and state labor laws.

  • August 22, 2014

    Fla. Aircraft Systems Maker Says Worker Stole Trade Secrets

    Aircraft interior fixtures and systems firm B/E Aerospace Inc. sued a former employee in Florida state court Tuesday for allegedly stealing trade secrets and taking them to a competitor.

  • August 22, 2014

    ADP Faces Class Action Over Payroll Debit Card Fees

    Payroll processing giant Automatic Data Processing Inc. was slapped with a putative class action in Pennsylvania federal court Friday alleging that it deducted illegal fees from debit cards issued to its clients' employees in lieu of paychecks.

  • August 22, 2014

    TrialGraphix Sues Competitor FTI Over Employee Poaching

    Litigation consultant TrialGraphix Inc. lobbed a suit Thursday at competitor FTI Consulting Inc., alleging the company schemed to poach its high-ranking employees to gain access to clients and trade secrets and to “decimate” its New York office.

  • August 21, 2014

    Baltimore Settles With DOJ In Disability Bias Suit

    The city of Baltimore has reached a deal to resolve allegations that it engaged in a pattern of discrimination against disabled employees, the U.S. Department of Justice announced Wednesday.

  • August 21, 2014

    Sullivan & Cromwell Hit With $325M Atty Bias Suit Again

    A former contract attorney with Sullivan & Cromwell LLP launched a second suit in Georgia federal court Monday accusing the firm of rampant discrimination and harassment, and alleging a New York state court judge improperly dismissed her initial case.

Expert Analysis

  • Monitoring Employees: How Far Can Employers Go?

    Michael V. Abcarian

    It is increasingly important for employers to know their legal limits when monitoring employee conduct since employees may question the legality of employer's monitoring their off-site conduct, especially when they are off-duty, says Michael Abcarian of Fisher & Phillips LLP.

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • Costs To Pension Withdrawal Liability May Change

    Blake C. MacKay

    Board of Trustees of IBT Local 863 Pension Fund v. C&S Wholesale Grocers Inc./Woodbridge Logistics LLC is a departure from how multiemployer pension withdrawal liability has been calculated since the Pension Protection Act was passed and the case may open the door for new challenges that could reduce the amounts owed by withdrawing employers, say Blake MacKay and Emily Hootkins of Alston & Bird LLP.

  • How Did Employers Fare This Supreme Court Term?

    Teeka K. Harrison

    Overall, the U.S. Supreme Court's decisions this term presented some differences from last, when all five of the major decisions impacting labor and employment issues were employer-friendly but they were all 5-4 opinions, says Teeka Harrison of Polsinelli PC.

  • Hotels' New Armor Against Union-Organized Boycotts

    Michael Starr

    In recent years, unions have intensified their tactics to pressure hotels by attempting to persuade trade associations and professional organizations not to hold their events at the target hotel. But as a recent case involving Chicago’s Congress Plaza shows, hotels are not defenseless against this strategy, say Michael Starr and Edward Frischling of Holland & Knight LLP.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • New Limits On Employers During Union Organizing Efforts

    Nelson D. Cary

    The National Labor Relations Board's decision in Intertape Polymer regarding employer surveillance will affect future union organizing efforts by restricting employer communications to "ordinary" activity during organizing campaigns, says Nelson Cary of Vorys Sater Seymour and Pease LLP.

  • Keep An Eye On The US-Guatemala Labor Dispute

    Joseph Laroski

    Companies doing business in Central America may want to pay attention to an approaching deadline in a labor law dispute between the United States and Guatemala over the country’s alleged failure to enforce its labor laws in the apparel, agricultural, and food processing industries, says Joseph Laroski, counsel with King & Spalding LLP and former associate general counsel in the Office of the U.S. Trade Representative.

  • Texas Agrees, 'I Agree' Clause Can Mandate Arbitration

    Richard Raysman

    If a Texas appellate court had found the particular clauses of intent within a contractual agreement between independent representatives and their employer in Momentis U.S. Corp. v. Weisfeld insufficient for the purposes of contract formation then it would likely have undone the balance of online contracts, says Richard Raysman of Holland & Knight LLP.