Employment

  • November 25, 2014

    GE Claims Contractor Immunity In Removing Asbestos Suit

    General Electric Co. removed to federal court an asbestos case brought by a laborer allegedly exposed to the chemical at various sites over roughly 15 years, arguing Monday that GE is immune from the suit because the allegations arise from GE's work as a federal contractor.

  • November 25, 2014

    Driver Accuses Uber Of Illegally Checking Backgrounds

    A Boston cabdriver hit Uber Technologies with a proposed class action on Monday, alleging that the mobile app-based car service routinely violates the Fair Credit Reporting Act by using background checks without applicants’ knowledge or authorization to make hiring decisions.

  • November 25, 2014

    Helen Of Troy CEO Targets Board In $60M Suit After Ouster

    The founder and longtime CEO of Helen of Troy Ltd. — owner of the Revlon, OXO and Braun brands — sued the company and board members for fraud in Texas state court Monday, alleging they cheated him out of between $40 million and $60 million in separation pay and benefits after groundlessly firing him.

  • November 25, 2014

    Cozen O'Connor Falsely Cited To Secure Loans, Suit Says

    A Pennsylvania woman sued a Philadelphia private equity boutique where she was briefly employed and its counsel in state court, alleging the business and its principals duped her into lending them money for a set of real estate bills by falsely claiming that Cozen O’Connor was co-counsel on the deals.

  • November 24, 2014

    Cancer-Stricken Ex-Boss Sues Unlicensed Atty For $8M Heist

    An unlicensed Houston immigration attorney and his partners embezzled more than $8 million over the span of nine years and stole clients from a former employer, according to a complaint filed in Texas court Friday.

  • November 21, 2014

    Costco Removes $162M OT Class Action To Federal Court

    Costco Wholesale Corp. on Thursday removed to federal court a putative class action on behalf of some 28,000 California employees who allege wage theft and unpaid overtime wages, among other labor violations, saying the suit could cost the warehouse retailer more than $162 million.

  • November 21, 2014

    SoulCycle Ban On Ex-Worker's Atty Unlawful, Suit Says

    SoulCycle LLC violated New York and California anti-retaliation law when it banned an attorney and SoulCycle patron from its premises for pursuing a proposed class action accusing the indoor cycling fitness chain of stiffing instructors on wages, according to a suit filed Thursday.

  • November 21, 2014

    GOP Hits Obama With Long-Awaited ACA Lawsuit

    The Republican-controlled U.S. House of Representatives on Friday filed a long-awaited lawsuit against the Obama administration challenging delay of the Affordable Care Act’s employer mandate and government payments to health insurance companies under the law.

  • November 20, 2014

    Insurer Says Legal Malpractice Cost It Subrogation Win

    Unigard Insurance Co. hit the law firm of Blaser Oleson & Lloyd Chtd. with a legal malpractice suit on Wednesday in Idaho federal court, alleging it faces a malicious prosecution suit from two employees of a paint company accused of theft due to the firm’s failure to prevail in a subrogation suit.

  • November 20, 2014

    Zillow Accused Of 'Boiler Room' Tactics In $5M Class Action

    Online real estate marketplace Zillow Inc. was hit with a $5 million putative employment class action on Wednesday, accusing it of intimidating sales representatives into working long hours and through meal breaks without pay.

  • November 20, 2014

    Jamba Juice Hit With Unpaid Wages Class Action

    Smoothie chain Jamba Juice Co. was hit with a putative class action in California state court on Wednesday when two shift leaders alleged the company had shorted them on their wages and made them work through their meal and rest breaks.

  • November 19, 2014

    Carrabba's Italian Grill Hit With OT Class Action

    Restaurant chain Carrabba’s Italian Grill required its cooks to work off the clock and did not pay required overtime wages, a proposed class action filed in a Florida federal court on Tuesday alleges.

  • November 19, 2014

    Winstead Covered Up Think Tank Sex Scandal, Suit Claims

    Winstead PC and its former chairman were sued for malpractice in Dallas state court by a think tank that alleges the firm improperly settled a sexual harassment claim without informing the board, in a scandal that ended with the firing of the policy group’s CEO.

  • November 19, 2014

    Juice Co. Sues Ex-COO For Poaching Workers For Startup

    A raw food, juice and smoothie company accused its former chief operations officer on Tuesday of trying to steal away four top-level managers for his rival startup, alleging in New York state court that the executive offered them equity in the new venture.

  • November 19, 2014

    DuPont Hit With Two Suits After Chemical Leak Deaths

    The families of two DuPont Co. employees killed Saturday after a chemical release at the company’s plant in La Porte, Texas, filed negligence suits against DuPont in Texas state court this week and are requesting injunctions that would bar DuPont from destroying evidence.

  • November 19, 2014

    AP Says The Hartford Must Defend Personal Injury Suit

    The Associated Press and its insurer asked a New York state judge on Tuesday to compel The Hartford Casualty Insurance Co. to indemnify the AP in an underlying $4 million personal injury suit by a maintenance worker, saying that the policy’s professional exclusion policy doesn’t apply.

  • November 19, 2014

    Gucci Tagged With Latest NY Unpaid Intern Class Action

    Gucci America Inc. is the latest high-fashion retailer to be accused of not paying its interns for work that does not qualify as education or training, according to a proposed class action filed Tuesday in New York state court.

  • November 18, 2014

    Hot Topic Axed Worker For Reporting Fraud, Suit Claims

    Hot Topic Inc. was slapped Friday with a suit in Los Angeles court by a former division manager who alleges she and other aggrieved employees were retaliated against for informing the retailer’s executives of accounting irregularities before its $600 million sale to private equity firm Sycamore Partners LLC was completed.

  • November 17, 2014

    Ex-Siemens Patent Atty Accuses Company Of Age Bias

    A former patent attorney with Siemens Corp. has sued the engineering giant in New Jersey state court for alleged discrimination, claiming the company terminated him because of his age and handed his job responsibilities to a younger lawyer.

  • November 17, 2014

    Interstate Hotels Hit With Wage Class Action In Calif.

    A California man hit hotel management company Interstate Hotels & Resorts Inc., which operates Hilton, Sheraton, Crowne Plaza, Marriott and Westin-branded hotels in the state, with a putative class action on Friday alleging a slew of state labor law violations, including failure to pay overtime wages, provide meal breaks and pay minimum wage.

Expert Analysis

  • A Presumption In Favor Of 'California' Employees

    Barbara E. Tanzillo

    Technology workers from Bangalore, software instructors from Arizona and Colorado, truck drivers in San Diego, and cucumber harvesters in Gilroy, California... Cases involving workers as varied as these have helped form a body of wage-and-hour law that all California employers, and out-of-state employers sending employees to work in the state, must understand, say Elizabeth Roth and Barbara Tanzillo of GCA Law Partners LLP.

  • Amgen Likely To Be Leading Case Affecting ERISA Pleading

    Fred T. Isquith

    Given the Ninth Circuit decision in Harris v. Amgen Inc., practitioners should be advising their clients of a considerable change in the judiciary’s approach to the responsibilities of fiduciaries in employment plans covered by the Employee Retirement Income Security Act, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Year Of The Whistleblower For SEC In Asia

    Wendy Wysong

    Although unsupported by extraterritorial anti-retaliation protection and despite the fact that only 0.0014 percent of U.S. Securities and Exchange Commission whistleblower reports have resulted in awards, the number of whistleblowing tips the SEC received from China continues to increase, say Wendy Wysong and Montse Ferrer De Sanjose of Clifford Chance LLP.

  • Self-Help Not The Preferred Way To Address Tax Conflicts

    Jonathan R. Talansky

    Brinkley v. Commissioner, where the U.S. Tax Court ruled that an executive of a company acquired by Google Inc. was required to report a large portion of his merger consideration as ordinary compensation income, underscores the hazards of trying to use a tax return to “undo” what a taxpayer feels is a mistaken tax reporting position taken by another party, says Jonathan Talansky of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • NJ's Sick Leave Law May Be A Poison Pill For Restaurants

    Christina Stoneburner

    The main reason why New Jersey's proposed sick leave law may have more of an impact on the food service industry is how large and small employers are defined under it — a small restaurant may easily have upward of the necessary employees to qualify as a large employer simply because certain employees may only be available a few hours per week, says Christina Stoneburner of Fox Rothschild LLP.

  • Walgreen Case Opens Door For State Law HIPAA Claims

    Linn Foster Freedman

    Walgreen Co. recently suffered a major blow when the Indiana Court of Appeals affirmed a 2012 jury verdict for $1.4 million arising from a trial that uncovered sordid details of a pharmacist breaching a customer’s prescription information. The decision provides an avenue for plaintiffs to skirt the Health Insurance Portability and Accountability Act prohibition of a private right of action to go after the deep pockets of employers,... (continued)

  • Mass. Sick Leave Law Will Pain Small Employers The Most

    John P. McLafferty

    Compliance with recent amendments to Massachusetts' Wage Act will likely be particularly difficult for smaller employers, such as restaurants and small retailers, who may be large enough to be required to provide paid leave but who do not have the flexibility of larger employers to easily cover shifts missed by absent workers, say John McLafferty and Arielle Sepulveda of Day Pitney LLP.

  • Calif. Law Is Cause For Caution Among 'Client Employers'

    Anthony J. Amendola

    AB 1897 will make it easier for California workers to pursue claims against "client employers" and their "labor contractors" because they will not need to litigate the fact-specific inquiry of employer control and it will no longer be necessary to evaluate the degree of supervision exercised by the client employer, thereby eliminating one obstacle to class certification, say Anthony Amendola and Grant Goeckner-Zoeller of Mitchell S... (continued)

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.