Employment

  • October 30, 2014

    Jersey Mike’s Owner Is Slicing Into Overtime Pay, Suit Says

    A Florida franchisee of several Jersey Mike’s Franchise Systems Inc. sub shops was hit with a putative class action Wednesday accusing him of evading federal overtime regulations by splitting up employees’ hours across his nine stores.

  • October 29, 2014

    Software Co. Says Rival Raided Staff, Stole Trade Secrets

    Risk management software company Reval.com Inc. slapped rival Kyriba Corp. with a $3.7 million suit in New York state court alleging it improperly sought to obtain an unfair competitive advantage by poaching employees and seeking out confidential trade secrets.

  • October 29, 2014

    Bed Bath & Beyond Favors Hispanic Male Workers, Suit Says

    Bed Bath & Beyond Inc. discriminates against its employees on the basis of race, gender and age, providing preferential treatment to warehouse workers who are young, male and Hispanic, according to a putative class action in New Jersey federal court.

  • October 28, 2014

    Texas Appellate Judge Accused Of Retaliation By Staff Atty

    The chief judge for a Texas appellate court has been sued for alleged retaliation by a staff attorney who claims the chief intervened to block him from working for another judge on the court after the attorney sent a letter raising concerns about the judge’s potential financial impropriety.

  • October 28, 2014

    WellCare Hit With FCA Suit Over Denied Hospital Stays

    Several ex-employees of WellCare Health Plans Inc. have accused the Medicare and Medicaid plan provider of violating the False Claims Act by holding on to government funds meant to cover patient hospital stays even after rejecting requests for coverage, according to a suit unsealed in Florida federal court Monday.

  • October 28, 2014

    Publix Seeks OK On $6.8M Deal Over Background Checks

    Publix Super Markets Inc. and plaintiffs suing the chain over its job application process asked a Tennessee federal court on Monday to sign off on a roughly $6.8 million settlement, potentially laying to rest claims that the supermarket company violated the Fair Credit Reporting Act with improper background check procedures.

  • October 27, 2014

    US Intervenes In Medicaid FCA Suit Against NYC, CSC

    The federal government on Monday intervened in a False Claims Act suit accusing the city of New York and Computer Services Corp. of fraudulently billing Medicaid millions of dollars for services for children with developmental delays by using computer programs that automatically altered billing data.

  • October 27, 2014

    NJ Mayor Accused Of Sexually Assaulting Municipal Worker

    The Township of Irvington, New Jersey, and its newly elected mayor have been hit in state court with a sexual harassment suit alleging the mayor sexually forced himself on a former direct report and promised her a promotion if she succumbed to his advances.

  • October 24, 2014

    Exotic Dancers Win Cert. In Miami Club OT Suit

    A Florida magistrate judge conditionally certified a collective class of exotic dancers Thursday in their lawsuit accusing a Miami strip club of stiffing them on wages and overtime, in violation of the Fair Labor Standards Act.

  • October 23, 2014

    Funds Dissatisfied With Simon Property CEO's Pay Revision

    Two pension funds launched another challenge to Simon Property Group CEO David Simon's pay in a derivative lawsuit unsealed late Wednesday, arguing revisions to his compensation made in the midst of a prior Delaware Chancery Court fight weren’t good enough and could hand him more than $150 million.

  • October 23, 2014

    HSBC Faces New Retaliation Suit Over Alleged Harassment

    HSBC Securities (USA) Inc. was hit with yet another suit in New York federal court Tuesday alleging it fired an employee who reported a colleague's alleged sexual harassment.

  • October 23, 2014

    Florida Hospitals Face FCA Suit Over Kickback Scheme

    A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.

  • October 22, 2014

    NCAA Athletes Are Temporary Employees, FLSA Suit Says

    A former college soccer player slapped the National Collegiate Athletic Association and a slew of schools with a proposed Fair Labor Standards Act collective action in Indiana on Monday, contending that student athletes are temporary employees who must be paid at least minimum wage under federal law.

  • October 22, 2014

    EEOC Alleges Long-Term Sexual Harassment At Maine Farm

    The U.S. Equal Employment Opportunity Commission on Tuesday hit a Maine farm and produce wholesaler with allegations that the business allowed a sexually hostile work environment and ignored female workers' complaints of groping and lewd comments from male co-workers.

  • October 22, 2014

    Prophet Equity Says Insurer Owes $15M For Ex-Worker's Suit

    Prophet Equity LP filed a $15 million suit against Twin City Fire Insurance Co. in Texas court Tuesday, for allegedly breaching a policy by refusing to pay the private equity fund after it was sued by a former employee.

  • October 22, 2014

    Calvin Klein, PVH Facing Newest Unpaid Intern Class Action

    Calvin Klein Inc. and parent company PVH Corp. are the latest targets of allegations that they didn't pay interns for work that didn't qualify as education or training, according to a proposed statewide class action filed Monday in Manhattan.

  • October 21, 2014

    FINRA Slams Ex-Deputy Director's Discrimination Claims

    The Financial Industry Regulatory Authority urged a Florida federal judge on Monday to throw out wrongful termination and discrimination allegations from a former deputy regional director, criticizing her job performance and arguing that her position was eliminated as part of a companywide staff reduction.

  • October 21, 2014

    Gov't Union Challenges New Poultry Inspection Rule

    The American Federation of Government Employees sued the U.S. Department of Agriculture in D.C. district court on Tuesday, alleging that a new rule designed to speed up poultry inspection is unsafe and against the law.

  • October 20, 2014

    Auto Parts Co. Says Competitor Stole Clients, Wiped Info

    Car parts supplier National Auto Parts Inc. is accusing several former employees of raiding its computer files and defecting to a competitor who used the confidential information to steal away customers, according to a complaint filed in Illinois federal court Friday.

  • October 17, 2014

    PwC Worker Says Comcast Got Him Fired Over Service Calls

    A former PricewaterhouseCoopers LLP employee accused Comcast Corp. of getting him fired after he complained to Comcast about lackluster service, alleging Thursday in a $1 million suit in California federal court that Comcast exploited its business relationship with PwC to retaliate against him.

Expert Analysis

  • Pearl Harbor Shipyard Asbestos Cases Stay In Federal Court

    Belynda Reck

    The U.S. Supreme Court recently declined review of Leite v. Crane Co., a tort case brought against a U.S. Navy contractor for failure to warn about asbestos hazards. Although several issues decided in this case were novel to the Ninth Circuit, the decision aligns with established precedents from other circuits regarding the ability of federal contractors to remove tort cases, says Belynda Reck of Hunton & Williams LLP.

  • Employees Should Not Have Recording Rights Under NLRA

    L. Brent Garrett

    A fundamental precept of labor law is that working time is for work. Provided employer anti-recording policies do not discriminate against union activity, one cannot square this bedrock principle with the notion that employees have an unfettered right to make personal recordings on working time or inside the employer’s plant, says L. Brent Garrett of Fisher & Phillips LLP.

  • How To Handle Ebola Fear In The Workplace: 4 Scenarios

    Mark A. Konkel

    An employee has just returned from a trip to West Africa. Can you require him to stay home, essentially quarantined, for 21 days? This is just one scenario in which fears of Ebola may implicate an employer's obligations under a number of laws — not least of which are disability discrimination laws prohibiting differential treatment based on a perception of someone's physical condition, say attorneys with Kelley Drye & Warren LLP.

  • DOL Whistleblower Decision Will Cause Employers SOX Pain

    Gregory Keating

    The result of the U.S. Department of Labor Administrative Review Board's decision in Fordham v. Fannie Mae will likely energize the plaintiffs bar and could make it more difficult for covered employers — and their contractors and subcontractors based on Lawson v. FMR LLC — to obtain dismissals of Section 806 whistleblower retaliation claims under the Sarbanes-Oxley Act, say attorneys at Littler Mendelson PC.

  • 7 Ways Retailers Can Dodge An ADA Class Action Bullet

    Kimberly Reindl

    Even if the U.S. Department of Justice takes another year to adopt specific rules governing how websites can comply with the Americans with Disabilities Act, the threat of potential class actions against retailers favors advance planning now — the foremost advantage being companies will be better positioned to negotiate a settlement knowing they have a plan and date in place for remediation efforts, say Selena Linde and Kimberly Re... (continued)

  • DOL Crackdown On Texas Employers May Come In 2015

    J. David Giddens

    Texas employers, particularly those in energy and hospitality, may be under increased scrutiny in 2015 from the U.S. Department of Labor’s Wage and Hour Division after it received an 18 percent budget increase and 2,000 additional staffers to crack down on worker retaliation in the Southwest, says David Giddens of Fisher & Phillips LLP.

  • The Evolution Of ADR: 30 Years Of Change

    Maria M. Sypek

    As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.

  • Understanding Calif.'s Nuanced Trade Secrets Law

    Laura D. Smolowe

    After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.