Employment

  • March 30, 2015

    US Sues Okla. University For Bias Against Transgender Worker

    The federal government on Monday sued Southeastern Oklahoma State University and the Regional University System of Oklahoma for allegedly discriminating against a transgender employee by denying her application for tenure and later terminating her because of her gender identity.

  • March 27, 2015

    Ex-JetBlue Pilot Wants $15M After In-Flight Meltown

    The former JetBlue Airways Corp. pilot whose in-flight meltdown diverted the Las Vegas-bound plane to Texas in early 2012 hit the airline with a nearly $15 million suit in New York federal court on Friday, alleging JetBlue missed early signs he had a medical problem.

  • March 27, 2015

    Drummond Hits Attys With RICO Suit Over Murder Claims

    Drummond Co. Inc. on Friday filed in Alabama federal court a Racketeer Influenced and Corrupt Organizations Act suit accusing plaintiffs’ attorneys of paying hundreds of thousands of dollars to criminals who testified that the company collaborated with Colombian paramilitary forces in the murders of hundreds of civilians.

  • March 26, 2015

    EEOC Sues Spa For Firing Worker Who Revealed Pregnancy

    A Georgia wellness spa discriminated against an employee when it fired her shortly after she said she was pregnant, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed on Wednesday.

  • March 26, 2015

    Merrill Lynch Stiffed Trainee Advisers On OT, Suit Says

    A proposed collective of Merrill Lynch employees sued in California federal court Wednesday to recoup wages allegedly owed for unpaid overtime work performed during a financial adviser training program.

  • March 25, 2015

    Calif. Domino's Franchisee Underpaid Drivers, FLSA Suit Says

    A pizza delivery driver hit the operator of 70 Domino’s franchise stores in California and Arizona with a class action Tuesday, alleging the business doesn’t reasonably reimburse drivers for the costs of using personal vehicles for work, violating the federal Fair Labor Standards Act and state minimum wage laws.

  • March 25, 2015

    CVS Pharmacists File Age Bias Suits Over Metrics System

    Four former and current CVS Health Corp. pharmacists have filed age discrimination lawsuits in South Carolina federal court, accusing the company of implementing a metric-based system that weeded out older workers and allegedly caused pharmacists to make errors in filling patient prescriptions.

  • March 25, 2015

    Drilling Co. Pays $12M To End EEOC Discrimination Suit

    Patterson-UTI Drilling Company LLC on Tuesday agreed to pay $12.2 million to settle the U.S. Equal Employment Opportunity Commission’s lawsuit accusing it of discriminating against its minority workers and allowing a hostile work environment that featured ethnic slurs, intimidation and withholding of promotions, among other things.

  • March 24, 2015

    Secret Service Stiffed Tech Specialists On OT, Suit Says

    After the U.S. Secret Service cracked down on overtime pay, the agency failed to properly compensate its information technology and telecommunication specialists for extra work, according to a proposed class action filed Monday in the U.S. Court of Federal Claims.

  • March 24, 2015

    Domino's Franchisee Underpaid Drivers, FLSA Suit Says

    One of Domino’s largest franchisees was hit with a collective action in Georgia federal court Monday alleging it paid pizza delivery drivers less than minimum wage and failed to properly reimburse them for incurred expenses, in violation of the Fair Labor Standards Act.

  • March 24, 2015

    Ex-Adler Murphy Atty Slams Firm With Disability Bias Suit

    Chicago-based litigation firm Adler Murphy & McQuillen LLP was hit with a discrimination suit in Illinois federal court Monday by a former associate who claims he was wrongfully terminated a day after notifying the firm he suffered from sleep apnea and attention deficit hyperactivity disorder.

  • March 23, 2015

    Google Shareholders Sue Board Over Anti-Poaching Deals

    Google Inc.’s board of directors was hit with a shareholder derivative lawsuit in California federal court on Monday alleging the board harmed the company by engaging in illegal anti-poaching agreements with other tech giants in violation of federal antitrust laws.

  • March 23, 2015

    Worker Fired For Refusing To Lie About DHS Docs, Suit Claims

    A Pennsylvania stone veneer product manufacturer and installer was slapped with a wrongful termination suit Friday by a former employee who claims she was canned for refusing to falsely certify I-9 forms to the U.S. Department of Homeland Security.

  • March 20, 2015

    Advance Auto Parts Accused Of Bias Against Hispanic Worker

    Advance Auto Parts Inc. was hit with a suit in Pennsylvania federal court Thursday by a former employee who claims he was discriminated against based on his national origin, alleging he was forced to fill orders from heavier work zones than non-Hispanic employees were.

  • March 20, 2015

    Filipino Workers Hit Calif. Bakeries With $1M Trafficking Suit

    Eleven Filipino workers have accused the owners of two Southern California bakeries of manipulating a guest visa program and luring them to the U.S. with false promises of high-paying jobs, according to a $1 million labor trafficking suit made available Thursday.

  • March 19, 2015

    Carrizzo Worker Sues Over Injury In Gulf Valve Explosion

    An explosion on an offshore platform operated by Carrizo Oil & Gas Inc. resulted in the loss of one worker's leg and left him in need of rescue in the Gulf of Mexico, according to a complaint filed in Texas state court Wednesday.

  • March 19, 2015

    Trader Joe's Hit With Age Discrimination Class Action

    Grocery chain Trader Joe's Co. was hit with a proposed class action on Wednesday in California, alleging that a 2014 restructuring of its workforce violated state and federal law because it resulted in the systematic demotion of employees over the age of 45.

  • March 19, 2015

    UBS Accused Of Swiping BMO Employees, Info In Texas

    BMO Capital Markets Corp. on Thursday sued UBS Financial Services Inc. in Texas federal court, alleging UBS poached 15 BMO energy acquisitions employees who took proprietary information to UBS, and seeking a preliminary injunction to bar the former employees from contacting BMO’s clients.

  • March 18, 2015

    Texas Sues Labor Dept. Over FMLA Same-Sex Couple Rule

    Texas Attorney General Ken Paxton on Wednesday sued the U.S. Department of Labor over rule changes to the Family and Medical Leave Act designed to extend the law's protections to married same-sex couples regardless of what state they live in, arguing that the government is trying to usurp the state's authority.

  • March 18, 2015

    Navy Pilot Says Cathay Illegally Fired Him Over Military Duties

    A fighter pilot in the U.S. Navy Reserve sued Cathay Pacific Airways Ltd. in California federal court Tuesday for allegedly firing him when his military duties interfered with his obligations to the airline, in violation of labor laws.

Expert Analysis

  • Employers Should Learn From Clinton Email Kerfuffle

    Samantha L. Southall

    Hillary Clinton is not the first official to use personal email to conduct official business, but her example is a cautionary tale for private employers given security concerns, the Health Insurance Portability and Accountability Act and other possible privacy violations and document retention issues, say Samantha Southall and David Schumacher of Buchanan Ingersoll & Rooney PC.

  • Following The FCA's Public Disclosure Bar

    Lori L. Pines

    Although further clarification is needed, courts appear to be leaning toward interpreting the Affordable Care Act's amendments to the False Claims Act's public disclosure bar as a nonjurisdictional defense. Litigants in FCA cases must therefore be prepared for corresponding changes in motion practice, timing and overall burdens, say Lori Pines and Shireen Nasir at Weil Gotshal & Manges LLP.

  • Ride App Class Actions May Impact 1099 Business Model

    Richard J. Reibstein

    The separate decisions by federal judges in class actions against Uber Technologies Inc. and Lyft Inc. to permit juries to decide whether the companies' drivers are employees or independent contractors may have far-reaching implications for companies that use a 1099 business model and fail to properly structure and document independent contractor relationships, say attorneys at Pepper Hamilton LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • Mixed Messages On The Impact Of Young V. UPS

    Neal D. Mollen

    While the U.S. Supreme Court's extension of the Pregnancy Discrimination Act in Young v. United Parcel Service Inc. may well have little impact on employer policies, for Title VII litigation, the high court's description of the shifting burdens of proof is problematic, say Aaron Ver and Neal Mollen of Paul Hastings LLP.

  • Whistleblower Policies Could Create Contractual Rights

    Matthew S. Stiff

    After Leyden v. American Accreditation Healthcare Commission, employers might begin to reconsider their longtime affection for internal policies that profess a company’s commitment to protecting whistleblowers from retaliation, say Matthew Stiff and Debra Katz of Katz Marshall & Banks LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • NLRB Appears Poised To Overturn Brown University Ruling

    Daniel V. Johns

    The recent reversal of earlier dismissals of two union representation petitions from graduate students by the National Labor Relations Board has boosted unionization efforts by teaching and research assistants at private universities — the move could even pave the way for the NLRB to overturn its 2004 Brown University decision, say Daniel Johns and Emilia McKee Vassallo of Ballard Spahr LLP.

  • Determining ERISA Duties Post-Dudenhoeffer

    H. Douglas Hinson

    It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.

  • IRS Gives Good Directions On ACA Cadillac Tax

    Sarah L. Fowles

    An employer can use the Internal Revenue Services' recent notice on the Affordable Care Act's so-called Cadillac tax to approximate the cost of coverage for employees. Since the cost will likely vary by employee, employers may want to estimate costs under a range of coverage scenarios, say attorneys at Quarles & Brady LLP.