Employment

  • July 30, 2014

    NY Grocers Dodged OT With Fake Records, Ex-Workers Say

    Five ex-employees of supermarket chain Foodtown filed a putative class action in New York federal court on Wednesday, alleging the company and its affiliates faked wage statements to avoid paying overtime to employees in five of its New York stores.

  • July 30, 2014

    Worker Fired For Reporting Harassment At PE Firm, Suit Says

    A former graphic designer for NYG Capital LLC sued the company and its embattled CEO Benjamin Wey in New York state court Tuesday, alleging he was fired for reporting Wey's sexual harassment of an employee who last week sued the company for $850 million.

  • July 29, 2014

    Feds Say Pa. State Police Discriminate Against Women

    The U.S. government filed suit against the Commonwealth of Pennsylvania and the Pennsylvania State Police on Tuesday, accusing the state of committing employment discrimination against women through its use of physical fitness tests for entry-level state trooper applicants.

  • July 29, 2014

    Ohio Woman Admits Impersonating Atty To Frame Labor Union

    An Ohio woman pled guilty to obstruction of justice in New Jersey federal court on Tuesday, admitting she had impersonated a labor lawyer and fabricated evidence to convince federal investigators that members of a labor union embezzled $30 million from a political action committee.

  • July 28, 2014

    Employment Law Firm Again Sued Over Sex Harassment Video

    An unnamed journalist who claimed in a copyright and privacy suit that Bernabei & Wachtel PLLC publicly shared a video she took of her supervisor's alleged sexual harassment in order to bolster a separate case renewed her claims in D.C. federal court Monday, months after the dismissal of her D.C. Superior Court suit.

  • July 28, 2014

    NASA Contract Illegally Cuts Wages, Union Says

    The International Association of Machinists and Aerospace Workers filed suit Friday in D.C. federal court against NASA and outside contractor Jacobs Technology Inc., seeking a declaratory judgment that a new contract with Jacobs is a successor contract and must maintain the same wages provided under an earlier agreement.

  • July 25, 2014

    Ex-Ford Engineer Investigated For Recording Devices At HQ

    A mechanical engineer recently fired by Ford Motor Co. is reportedly at the center of a federal investigation for allegedly planting listening devices around the company's headquarters to monitor meetings, raising concerns the devices had been planted to steal trade secrets.

  • July 25, 2014

    Fired Ad Designer Says Agency Mocked His Religion

    A former art director for Dallas-based marketing agency Moroch Partners LP on Friday sued the company for allegedly discriminating against his religious beliefs when his co-workers created a satirical website that features images of Jesus in “offensive, blasphemous and secular situations.”

  • July 25, 2014

    Editor Axed Over Homophobic Blog Post Files EEOC Claim

    A fired editor-in-chief slapped an Iowa newspaper with a U.S. Equal Employment Opportunity Commission complaint Wednesday, claiming he had been terminated for airing his Christian beliefs in a personal blog post that reportedly accused the “Gaystapo” of trying to change the Bible.

  • July 24, 2014

    NJ Superior Court Hit With Disability Bias Suit

    The New Jersey Judiciary was hit Wednesday with a disability bias suit by a courtroom clerk at Camden, New Jersey’s Superior Court who said she faced reprisal when she complained about the rescission of reasonable accommodations allowing her to work despite a chronic nerve condition.

  • July 24, 2014

    Panera, AMC Background Checks Illegal, Worker Alleges

    Panera LLC and American Multi-Cinema Inc. are forcing potential employees to sign off on illegal background checks by burying important information in wordy applications, a woman employed by both alleged in two nationwide class action suits filed in Florida on Wednesday.

  • July 24, 2014

    Boeing Age Bias Scheme On 'Breathtaking Scale,' Union Says

    An engineers' union said Thursday that it has lodged age discrimination claims against The Boeing Co. with the U.S. Equal Employment Opportunity Commission and a Washington state anti-bias agency, claiming the company manipulated ratings used to select employees for layoffs, to hike up older workers' vulnerability.

  • July 24, 2014

    Ex-Inspector Accuses NA Pipeline Of Wage Violations

    North American Pipeline Inspection LLC was hit with a putative class-action lawsuit in Pennsylvania federal court accusing it of violating the Fair Labor Standards Act and state wage laws by failing to pay its inspectors overtime wages.

  • July 23, 2014

    NYG Capital CEO Hit With $850M Intern Sex Harassment Suit

    A former NYG Capital LLC intern is seeking $850 million in damages in a suit filed in New York district court Monday that accuses the company's CEO of repeated sexual harassment, forced sexual relations, stalking and unlawful termination, among other things.

  • July 23, 2014

    Nine West Slapped With Undisclosed Background Check Suit

    Shoe retailer Nine West Holdings Inc. was slapped Wednesday with a putative class action in Florida federal court that alleges the company conducts background checks on job applicants without proper disclosures, violating the Fair Credit Reporting Act. 

  • July 23, 2014

    NJ Firm Sues Former Atty For Defamation

    A New Jersey law firm has launched a defamation and invasion of privacy suit against a former associate who it claims misrepresented his departure from the firm and falsely stated that his one-time employer had landed itself in hot water over client funds.

  • July 23, 2014

    More Ballplayers Sue MLB For Wages In Labor, Antitrust Suit

    Former Oakland Athletics pitcher Yadel Marti and a group of fellow former Major League Baseball players filed a labor and antitrust class action in California federal court, alleging the organization failed to pay minor league players for the long hours they were at work and in training.

  • July 23, 2014

    Penn State Sued By Paterno's Son Over Sandusky Fallout

    Pennsylvania State University has been hit with a $1 million lawsuit by former assistant football coaches William Kenney and Jay Paterno, son of the late longtime coach Joe Paterno, who claim that their personal and professional reputations have been irreparably harmed after the school fired them.

  • July 22, 2014

    US Foods Accuses Ex-Managers Of Conspiring With Rival

    US Foods Inc. on Monday sued rival Latina Boulevard Foods LLC and former employees in Illinois federal court, alleging that Latina poached US Foods managers, who shared their former employer's trade secrets and conspired to snatch away its customers.

  • July 22, 2014

    Walgreen Says Rival Pharmacy Poached Ex-Employees

    Walgreen Co. on Monday sued competitor Pharmacy Solutions Inc. in Idaho federal court, accusing its rival of poaching managers who possess trade secrets from an Idaho business specializing in home infusion therapy that Walgreen had acquired only months before.

Expert Analysis

  • Twists And Turns For Texas' Health Care Employers

    Robert D. Kilgore

    While Texas has a reputation for being an employer-friendly state, for health care employers it’s a mixed bag as physicians garner special treatment under state law regarding noncompete covenants, says Robert Kilgore of Fisher & Phillips LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • 1st Circ. Case Could Severely Impact Mass. Franchises

    Barry A. Guryan

    It has been argued that an expansive reading by a district judge of a stringent Massachusetts employment classification law in Awuah v. Coverall North America — now pending in the First Circuit — puts the state’s robust franchising business in jeopardy by, among other things, disincentivizing franchisees from supplying their financial capital into new and existing franchises, say Barry Guryan and Jeffrey Ruzal of Epstein Becker & Green PC.

  • Calif. Courts Concede To Class Waivers Post-Concepcion

    Lori Phillips

    Despite the employee-friendly nature of California courts and their occasional rendering of arbitration agreements as unenforceable, two recent Ninth Circuit rulings in Davis v. Nordstrom Inc. and Johnmohammadi v. Bloomingdale’s Inc. may make challenges to class-claim waivers a thing of the past, says Lori Phillips of Sherman & Howard LLC.

  • Canadian Immigration Overhaul Will Impact Food Services

    Audrey Anne Chouinard

    The Canadian government's recent sweeping reform of its Temporary Foreign Worker Program ends the moratorium on the food services sector, which is meant to strengthen the integrity of the TFWP as a last-resort measure to fill jobs in Canada, say Pierre-Etienne Morand and Audrey Anne Chouinard of Norton Rose Fulbright.

  • Defense Bar Risks Giving Bad Advice About Pregnant Workers

    Joan C. Williams

    A few weeks ago, for the first time in 30 years, the Equal Employment Opportunity Commission updated its guidance on pregnancy discrimination in response to a flood of pregnancy discrimination complaints. What followed was truly weird, says Joan Williams of the University of California, Hastings College of Law.

  • In Mach Mining Appeal, A Search For Conciliation Model

    Steve Pearlman

    The U.S. Supreme Court, in agreeing to hear Equal Employment Opportunity Commission v. Mach Mining, should consider the National Labor Relations Act's model for good-faith bargaining as the Seventh Circuit’s approach toward the case arguably invites a “take-it-or-leave-it” option that could lead to litigation based on legal theories in search of supporting facts, say Steve Pearlman and Amanda Wiley of Proskauer Rose LLP.

  • Immigration-Related Liability For Calif. Employers Rises

    Richard E. Bromley

    In light of the California Supreme Court's recent ruling in Salas v. Sierra Chemical Co., employers should not continue to employ workers after discovery of unauthorized status because doing so may expose them to further liability, say attorneys at Nixon Peabody LLP.

  • Peregrine Puts Hired-To-Invent Issues In Spotlight

    Michael Bunis

    Do you think your employees are hired to invent? A California federal judge's recent ruling in Peregrine Semiconductor Corp. v. RF Micro Devices Inc. serves as a reminder that oral agreements are insufficient and employees who perform general engineering, development or other activities will likely fall outside the scope of the hired-to-invent doctrine, say Michael Bunis and Vanessa Arslanian of Choate Hall & Stewart LLP.