Employment

  • May 22, 2015

    Ex-Circle K Manager Claims Firing Was Based On Nat'l Origin

    Circle K Stores Inc. has been sued in Arizona federal court by a former store manager who accused the national convenience store chain of discrimination, claiming he was fired after complaining of unequal treatment based on his national origin and gender.

  • May 21, 2015

    Whole Foods Hit With National Origin Bias Suit

    A former deli counter attendant for Whole Foods Market filed suit against the grocery store on Thursday in Pennsylvania federal court alleging that she was terminated because of her Serbian national origin, gender and age.

  • May 21, 2015

    SEC Sues Firm, Execs That Sued To Block In-House Case

    The U.S. Securities and Exchange Commission on Thursday accused an Atlanta-based investment adviser and two top executives of breaching their fiduciary duty to pension fund clients, suing the very firm that sued it in an attempt to block the agency from bringing its in-house court claim.

  • May 21, 2015

    Frac Fuelers Say Pilot Flying J Arm Cheated Them Of OT

    A subsidiary of Pilot Flying J was hit with a proposed collective action in Delaware federal court on Wednesday by an employee who claims that the company regularly violates the Fair Labor Standards Act by failing to pay frac fuelers overtime.

  • May 20, 2015

    Dining Co. Sues NJ Atty For Mishandling Harassment Suit

    A dining and vending company has launched a legal malpractice suit against a New Jersey attorney for allegedly ballooning its exposure over a former employee's sexual harassment claims by mishandling the discovery process and miring the company in a $474,000 default judgment.

  • May 19, 2015

    Conductor Hurt In Amtrak Derailment Sues In NJ Court

    An Amtrak conductor who was critically injured in last week's deadly derailment in Philadelphia, which killed eight people, filed suit against the railroad in New Jersey state court on Monday for negligence, adding to the growing list of claims being filed by crash victims.

  • May 19, 2015

    AT&T Accused Of Shortchanging Training Workers In OT Suit

    An AT&T Inc. training manager slammed the telecommunications giant with a putative class action in California federal court Monday, saying the company didn’t pay him and other training workers overtime or let them take required breaks.

  • May 19, 2015

    ConAgra, Blue Cross Face ERISA Suit Over Autism Therapy

    ConAgra Foods Inc. and Blue Cross Blue Shield were hit with a proposed class action in California federal court Monday in which they're accused of denying behavioral therapy treatments for autism spectrum disorders in violation of the Employment Retirement Income Security Act and state and federal mental health laws.

  • May 19, 2015

    Pa. Faculty Union Running Fundraising Scam, Ex-Rep. Says

    A former Pennsylvania representative filed a complaint Monday with the state Labor Relations Board, accusing the union representing public college and university faculties in the state of overcharging membership dues, in a scheme to raise money for political activities.

  • May 18, 2015

    Ex-DLA Piper Attorney Sues Firm For Discrimination

    A former "non-associate attorney" for DLA Piper filed a wrongful termination suit in California court Monday in connection with her April firing, saying the firm discriminated against her and treated her like a "second-class citizen" who was paid less than first-year associates despite working there for more than a decade.

  • May 18, 2015

    Golden County Foods Hits Ch. 11 With Plans For $22M Sale

    Prepared food maker Golden County Foods Inc. filed for Chapter 11 protection in Delaware late on Friday, planning an auction that'll see competitor Monogram Foods putting in a $22 million stalking horse bid and looking to shed the collective bargaining agreement covering more than 60 percent of its employees.

  • May 18, 2015

    Ex-Sanofi Worker Files Class Action Over Stock Drop

    Sanofi-Aventis U.S. LLC was hit with a proposed class action Friday in New Jersey alleging company officials responsible for overseeing the drugmaker's retirement plan shorted employees millions of dollars by allowing investment in a stock that was artificially inflated while the company concealed kickback and compliance scandals.

  • May 18, 2015

    Dollar Tree Hit With Class Action Over Background Checks

    Dollar Tree Stores Inc. failed to adequately inform prospective employees about its practice of obtaining consumer reports about them, according to a proposed class action filed in Florida federal court.

  • May 18, 2015

    American Apparel Sues Founder Over Takeover Efforts

    American Apparel Inc. lobbed a suit on Friday in Delaware court against ousted founder Dov Charney just days after he filed a $20 million defamation suit against the company, saying that Charney’s purported efforts to take control of the company again violate a contract he signed agreeing not to do so.

  • May 18, 2015

    HP Tried To Lift Anti-Blink Camera Patent, Ex-Worker Says

    A former Hewlett Packard Co. employee is asking a California federal court to affirm his ownership of a patent mitigating closed eyes in photography, alleging Sunday that the tech giant tried to assert rights to the invention even though the patent application was filed after he left the company.

  • May 18, 2015

    Game Show Network Hit With Unpaid Intern Class Action

    A Sony Pictures Entertainment Inc. and DirectTV Inc.-owned cable network dedicated to television game shows was hit with a proposed class action in a California court on Friday by interns who said that the channel violated the state’s labor laws.

  • May 18, 2015

    Whistleblower Nails Home Care Biz With FCA Retaliation Suit

    Home health care provider APG Homecare Inc. was hit with a False Claims Act retaliation suit in Texas federal court Friday for allegedly firing a whistleblower after she pointed out that patients were being falsely classified as homebound and Medicare-eligible.

  • May 18, 2015

    Construction Co. Hit With Nat'l Origin, OT Wage Class Action

    A putative class action against Richard & Rice Construction Co. Inc. alleging the company failed to pay lead plaintiff overtime wages and discriminated against him because of his Cuban origin and inability to speak English was removed to Florida federal court Friday.

  • May 15, 2015

    LA-Area Restaurant Chain Hit With Overtime Suit

    A California man filed a putative class action on Thursday against French-Vietnamese restaurant chain 9021Pho and its founder in California federal court, claiming that the company failed to pay him overtime wages after misclassifying him as an exempt employee.

  • May 15, 2015

    Covidien Accused Of Firing Salesman For Reporting Kickbacks

    A former Covidien LLP sales representative says he was fired as payback for telling the FBI that the health care products company gave a physician $9,000 in kickbacks to keep his business, according to a whistleblower suit removed to California federal court on Thursday.

Expert Analysis

  • NYC Employers Should Check Themselves Before Employees

    Holly H. Weiss

    In making decisions about which employees to conduct credit checks on in light of recent amendments to the New York City Human Rights Law, city employers should analyze the job responsibilities for each employee to ensure an employee's actual job responsibilities fall within one of the law's exceptions, say attorneys at Schulte Roth & Zabel LLP.

  • Power Continues To Flow Toward Calif. Plaintiffs Via PAGA

    Joshua R. Dale

    Since its enactment in 2004, California's Private Attorney General Act is clearly gaining strength as a tool for plaintiffs' employment attorneys, as evidenced by the recent suit against 99 Cents Only Stores over "suitable seating." In light of this trend, employers should aggressively preempt potential bases for claims against them over nonmonetary violations of the state labor code, says Joshua Dale of Michel & Associates PC.

  • Making The Right Call On 'On-Call' Shifts

    Lindsay A. Ayers

    As labor costs have risen in recent years, on-call shifts have grown in popularity, particularly in the food and retail industries, because they allow employers to avoid paying for excess labor during slow periods. However, employers may soon see these efficiencies evaporate in light of the evolving legal landscape relating to shift scheduling, say Lindsay Ayers and David Szwarcsztejn of Carothers DiSante & Freudenberger LLP.

  • NJ Court Fails To Clarify Payroll Account Levy Rules

    Nicholas M. Gaunce

    The New Jersey state appeals court in The Pitney Bowes Bank Inc. v. ABC Caging Fulfillment seemingly set a bright-line test balancing the rights of judgment creditors and employees when it comes to monies in a levied “payroll” bank account. Where Pitney Bowes falls short, however, is in describing what proofs a business debtor must utilize to establish what amounts are owed to employees, says Nicholas Gaunce of Eckert Seamans Cheri... (continued)

  • DOL Fiduciary Rules Will Negatively Affect Private Funds

    Robert J. Raymond

    The U.S. Department of Labor’s proposed rules expanding the circumstances under which a person is considered a fiduciary under the Employee Retirement Income Security Act would effectively deny sophisticated but smaller ERISA plans and individual retirement account investors the opportunity to access private investment funds as part of their portfolios, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Physician Anti-Solicitation Clauses: A Case Study

    Joseph M. Gorrell

    Public interest demands that when physicians leave a medical practice and are subject to an anti-solicitation clause patients remain informed of their physician’s new location and contact information. Irrespective of the financial interest of the physicians involved, the patient’s right to be cared for by the physician of his or her choice and continuity of care demand nothing less, says Joseph Gorrell of Brach Eichler LLC.

  • Attorneys Play Vital Role In Structured Settlement Annuities

    Joseph Barnet

    An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.

  • Tread Lightly Texas: Defining 'Spouse' Under The FMLA

    August E. Huelle

    Until Texas v. U.S. is resolved — possibly by the U.S. Supreme Court's forthcoming decision in Obergefell v. Hodges — companies with employees in the plaintiff states must tread carefully to ensure that the DOL's same-sex spouse rule under the Family and Medical Leave Act is applied correctly, say Nathaniel Glasser and August Huelle of Epstein Becker & Green PC.

  • Supreme Court Leaves 'Duty To Monitor' Definition To Others

    John D. Donovan

    With its ruling in Tibble v. Edison International, the U.S. Supreme Court has breathed life into stale claims about investment selection by recognizing a fiduciary’s continuing obligation to “monitor” investments and investment options. But the opinion stopped short of defining the precise contours of the “duty to monitor” — leaving the development of the obligation to case-by-case evolution, say attorneys with Ropes & Gray LLP.

  • Wipe Away Those Fears, The 7th Circ. Is Here

    Eric E. Hobbs

    The case of the allegedly misclassified window washers before the Seventh Circuit in Alvarado v. Corporate Cleaning Service Inc. fleshed out an often-ignored exception to an employer’s obligation to pay overtime that could apply to some retailers or service establishments, says Eric Hobbs of Michael Best & Friedrich LLP.