Employment

  • July 22, 2014

    Retirees Vote In Support Of Detroit's Bankruptcy Exit Plan

    The creditor vote on Detroit’s proposal to restructure $18 billion in debt revealed broad worker and retiree support Monday for the city's momentous bankruptcy exit plan ahead of a highly anticipated confirmation trial.

  • July 21, 2014

    Paralegal Says Margolis Law Firm Fired Her Over Pregnancy

    A one-time paralegal for a New Jersey law firm has sued her former employer for alleged disability discrimination, contending that the firm refused to accommodate a temporary leave that she was forced to take because of pregnancy complications.

  • July 21, 2014

    Hair Transplant Doc Sues McDonald Hopkins Over Bosley Suit

    An Illinois doctor has sued McDonald Hopkins LLC for legal malpractice, claiming the firm botched his defense of a noncompete lawsuit brought by his former employer, the hair transplant surgery provider Bosley Medical Group SC.

  • July 21, 2014

    Loss Adjusting Co. Sues Former Exec For Jumping Ship

    Loss adjusting and claim management company Cunningham Lindsey U.S. Inc. sued a former executive and his new employer Vericlaim Inc. in Pennsylvania federal court Friday, accusing them of stealing its entire international executive loss adjusting department in its Camp Hill office.

  • July 18, 2014

    Ex-NFL Players Say Union Conspired To Hide Trauma Risks

    Two former professional football players hit the National Football League Players Association and three of its former presidents with a proposed class action in Missouri federal court Thursday, accusing the defendants of conspiring to actively conceal evidence linking traumatic brain injuries to long-term neurological problems.

  • July 17, 2014

    Feds Sue Entergy To Get Affirmative Action Docs

    The U.S. government on Thursday hit Entergy Corp. with a suit in Louisiana federal court alleging the New Orleans-based utilities giant is refusing to comply with federal contractor requirements that it submit proof of affirmative action programs by withholding documents at eleven Entergy facilities.

  • July 17, 2014

    Gucci Hit With OT Action By Calif. Retail Workers

    Gucci America Inc. was hit Tuesday with a putative class action in California court, alleging the fashion house rips off its retail employees by failing to pay overtime wages or provide required meal and rest breaks.

  • July 17, 2014

    Sears Employees Say Hours Were Struck From Timecards

    Sears Hometown and Outlet Stores Inc. was hit with a proposed class action Wednesday by employees of a Philadelphia-area store who say the store altered their timecards to keep their hours under 40 per week.

  • July 15, 2014

    Paralegal Targets NJ Law Firm With FLSA Overtime Suit

    A worker slapped New Jersey-based Pasricha & Patel LLC with a putative collective action Tuesday in New Jersey federal court, accusing the law firm of misclassifying paralegals as overtime-exempt and failing to pay them a premium rate for time worked beyond the Fair Labor Standards Act's 40-hour weekly threshold. 

  • July 15, 2014

    DOL Sues Postal Service Alleging Whistleblower Retaliation

    The U.S. Postal Service retaliated against a Missouri employee and falsely accused him of making a terrorist threat after he reported unsafe working conditions, the U.S. Department of Labor alleged in a lawsuit announced Monday.

  • July 15, 2014

    Gordon Rees Says A-Rod Owes Fees For MLB Contract Clash

    Gordon Rees Scully Mansukhani LLP on Monday sued Alex Rodriguez for $380,000 in allegedly unpaid fees tied to the suspended New York Yankees slugger's now-abandoned legal assaults claiming Major League Baseball was trying to railroad him with doping allegations.

  • July 14, 2014

    Ex-COO Sues Salisbury & Ryan Over Partner's Harassment

    Salisbury & Ryan LLP's former chief operating officer sued the New York law firm on Friday in state court, alleging she was harassed, discriminated against and fired after ending a sexual relationship with one of the founding partners.

  • July 14, 2014

    Kroger Delivery Drivers Were Stiffed On OT, Suit Says

    Grocery chain Kroger Co. and several of its units were sued in California court Friday by a putative class of delivery workers who say they weren't fully paid for the many overtime hours they worked.

  • July 14, 2014

    Scarinci, Genova Burns Sued Over NJ Water Agency Abuses

    Scarinci Hollenbeck LLC and Genova Burns Giantomasi & Webster LLC are among the firms facing a putative class action claiming officials and hired professionals with a defunct agency that oversaw Newark, New Jersey's water assets plundered the taxpayer-funded entity or overlooked abuses as part of a racketeering scheme.

  • July 11, 2014

    American Apparel Defaulted After CEO Ouster, PE Firm Says

    Private equity firm Lion Capital Inc. is demanding immediate repayment of nearly $10 million in loans from American Apparel Inc. following the beleaguered clothing retailer’s recent ouster of its founder Dov Charney, according to documents filed in a New York court Friday.

  • July 11, 2014

    Boehner Preps Obama Suit Over ACA Employer Mandate Delay

    U.S. House of Representatives Speaker John Boehner, R-Ohio, on Thursday introduced a draft resolution to let the body sue President Barack Obama over his decision to postpone implementation of the Affordable Care Act's employer mandate.

  • July 10, 2014

    Dialysis Clinic Sued By EEOC For Firing Worker With Cancer

    The U.S. Equal Employment Opportunity Commission slapped Dialysis Clinic Inc. with a disability suit on Thursday, alleging the leading dialysis nonprofit failed to reasonably accommodate an employee with breast cancer and improperly fired her.

  • July 10, 2014

    Hospice Nurses Sue UPenn Health System Over Unpaid OT

    The University of Pennsylvania Health System and the UPenn Board of Trustees were hit with a suit in Pennsylvania court by a putative class of registered nurses employed by the hospice division of Penn Medicine who claim that overtime wages were withheld.

  • July 9, 2014

    Cartier Accuses Ex-Worker Of Plotting To Heist Jeweler's Data

    Cartier's owners have accused an ex-employee of plotting a digital heist of the jeweler's trade secrets, trying to lure her Cartier underling to join her at rival Tiffany & Co. and swiping her work cellphone number, according to a New York federal suit.

  • July 9, 2014

    Sears Misclassified Assistant Store Managers, Suit Says

    Sears Holdings Management Corp. stiffs its assistant store managers by misclassifying them as exempt employees and withholding overtime wages, according to a putative class action removed to California federal court on Tuesday.

Expert Analysis

  • Immigration Reform Must Help Spouses Of H1-B Visa Holders

    Karen-Lee Pollak

    While other reforms are desperately needed to keep America globally competitive, doing away with the cap on H-1B visas — which is arbitrary and results in U.S. companies struggling to find highly skilled workers — is a step in the right direction toward fixing our broken immigration system, says Karen-Lee Pollak of Bell Nunnally & Martin LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • European Court Deals Body Blow To UK Trade Unions

    Douglas Darch

    National Union of Rail, Maritime And Transport Workers v. The United Kingdom was a big setback to the U.K.'s trade unions, particularly with the growth in outsourcing of public services to the private sector, say Douglas Darch and John Evason of Baker & McKenzie LLP.

  • BDO Seidman Continues To Rule NY Restrictive Covenants

    Richard I. Janvey

    When drafting restrictive covenants in New York, employers and their counsel need to keep in mind the seminal appellate case BDO Seidman v. Hirshberg, which lays out what constitutes a reasonable covenant while setting the terms for what will be judicially enforced in the state, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Crucial Predictive Coding Case Law: Progressive V. Delaney

    Emily Cobb

    Any practitioner considering predictive coding should fully consider Magistrate Judge Peggy Leen’s reasoning in Progressive Casualty Insurance v. Delaney and the potential pitfalls associated with failure to consistently cooperate, say Emily Cobb and Annamaria Enenajor of Ropes & Gray LLP.

  • How To Terminate Employees You're 'Just Not That Into'

    Joanne A. Buser

    The obvious and inherent risk in using a vague “wrong fit” explanation when terminating an employee is that any judge can construe this reason as having multiple interpretations, making it a ripe disputed issue for a fact finder at trial, says Joanne Buser of Paul Plevin Sullivan & Connaughton LLP.