Employment

  • February 22, 2017

    McDonald's Liable For Franchisee Wage Violations, Suit Says

    Fast food workers engaged in a putative class action suit alleging McDonald’s violated wage laws asked a California federal judge on Tuesday to deny the company’s second bid for summary judgment, arguing that the restaurant chain is liable even if the violations were committed by a Bay Area franchisee.

  • February 22, 2017

    A. Schulman Investor Demands Records Of CEO Stock Award

    A shareholder of specialty plastics maker A. Schulman Inc. filed suit Wednesday in Delaware Chancery Court, seeking to inspect books and records related to a stock award given to the company's former CEO in excess of what he was entitled to under a performance bonus plan.

  • February 22, 2017

    Trump Scraps Trans Student Bathroom Access Guidance

    President Donald Trump on Wednesday revoked an Obama administration guidance requiring public schools to allow transgender students to use bathrooms and other facilities that match their gender identity, just weeks before the U.S. Supreme Court prepares to hear arguments on another trans rights case.

  • February 22, 2017

    Judge Blocks Calif. Law Against Disclosure Of Actors’ Ages

    A California federal judge Wednesday stopped enforcement of a new California law preventing online entertainment industry databases such as IMDb from including actors’ ages on their sites, saying the statute violates constitutional free speech protections and doesn’t address its stated goal of preventing age discrimination.

  • February 22, 2017

    Arbitrator Wrongly Gave FAU Prof Tenure, Court Says

    A Florida appeals court on Wednesday ruled that an arbitrator exceeded his authority when he awarded a Florida Atlantic University professor tenure after the school had initially denied it.

  • February 22, 2017

    NJ Pharma Co. Settles Bias Suit From Ex-Global Study Leader

    A New Jersey federal judge said Wednesday that a Grunenthal GmbH subsidiary has settled a gender and disability discrimination lawsuit brought against the pharmaceutical company by a former Global Operations Study Leader alleging she was fired after seeking accommodations for her health problems and raising concerns about the mistreatment of female employees.

  • February 22, 2017

    NLRB Asks 5th Circ. To OK Chipotle Break Petition Ruling

    The National Labor Relations Board urged the Fifth Circuit last week to affirm its ruling that Chipotle Services LLC illegally fired an employee for refusing to stop circulating a petition demanding fair break time, calling this “textbook” protected activity under the National Labor Relations Act.

  • February 22, 2017

    Mercedes Dealer Hit With $4M Verdict For Firing Disabled Man

    A Florida federal jury awarded a fired Mercedes-Benz dealership employee nearly $4.5 million in damages after finding he was discriminated against after being diagnosed with cancer and having a kidney removed, according to a verdict on Wednesday.

  • February 22, 2017

    Ex-Chubb Exec Files Whistleblower Suit Over Destroyed Docs

    An ex-Chubb Corp. executive has filed a whistleblower lawsuit in New Jersey state court alleging he was fired after he raised concerns that the company destroyed documents related to insurance claims litigation and asked him to keep quiet about it.

  • February 22, 2017

    Bankrupt Quiksilver Gets Nod For Employee Severance Deal

    Quiksilver Inc. and 26 former employees received a Delaware federal bankruptcy judge’s approval Tuesday for a long-delayed settlement in a more than $7 million worker severance pay dispute, under terms first broadly disclosed in April 2016.

  • February 22, 2017

    NHL Denied Class Cert. Expert's Bibliography In CTE Suit

    A Minnesota federal judge denied the NHL’s bid to obtain the annotated bibliography for a report prepared by an expert for a proposed class of former players alleging claims over head injuries in hockey, as the parties continue to fight over discovery materials.

  • February 22, 2017

    Ex-Tata IT Workers Seek Class Status In Bias Case

    Two former Tata Consultancy Services Ltd. employees urged a California federal court Tuesday to certify two classes of workers alleging the information technology outsourcing agency systemically discriminates against non-South Asians, arguing there could be thousands of class members.

  • February 22, 2017

    T-Mobile Retailer Calls Wage Suit Request 'Tree Without Roots'

    A T-Mobile retailer shot back Tuesday at a move to compel it to produce information that two former sales representatives said was relevant to their discovery requests in a proposed wage class action, calling the move a fishing expedition.

  • February 22, 2017

    Texas Court Says UT Southwestern Doctors Can't Be Sued

    A Texas appeals court has thrown out claims that a group of doctors mistreated a 16-year-old with a brain tumor, holding the doctors established the claims should have been brought against their employer, The University of Texas Southwestern Medical Center at Dallas.

  • February 22, 2017

    Activist Groups Wants Compliance In $250M Mining Row

    A coalition of labor groups and other activist organizations on Tuesday pressed Canadian-Australian firm OceanaGold Corp. to recognize an arbitration tribunal's decision to nix a subsidiary's $250 million claim against El Salvador over a stymied gold mining project.

  • February 22, 2017

    Painting Biz Illegally Stymied DOL Probe, Prosecutors Say

    An Ohio couple who owned a painting company has been charged with illegally shorting its employees’ pension and benefits fund and then impeding a U.S. Department of Labor investigation into their conduct by cooking up fake cleaning invoices to deceive agents into thinking their records had been destroyed, prosecutors said Friday.

  • February 22, 2017

    Verizon Wants Ex-Employee's Bias Suit Tossed

    A former Verizon Communications Inc. customer service representative alleging she was fired over her Ukrainian accent can't sustain her bias suit because she neither exhausted her remedies with the Pennsylvania Human Relations Commission nor alleged any race discrimination, Verizon told a Pennsylvania federal court Tuesday.

  • February 22, 2017

    Coca-Cola Bottler Prefers White Managers, Class Suit Says

    A president of a Coca-Cola bottling company in New England told a group of about 50 employees that non-white workers weren’t being promoted to management positions because the company’s customers were white, according to a proposed race bias class action filed Wednesday.

  • February 22, 2017

    8th Circ. Affirms Ex-Sea World Workers' ERISA Win

    The Eighth Circuit affirmed Wednesday a lower court’s ruling that found a class of former Sea World employees are entitled to enhanced benefits under their Anheuser-Busch InBev Inc. pension plan, but ruled the district court erred in determining how those benefits should be calculated.

  • February 22, 2017

    DA Allegedly Axed Staffer For Whistleblowing On Shady Hiring

    A North Carolina district attorney's longtime assistant was fired months before her retirement benefits vested, in retaliation for reporting an alleged scheme in which two DAs hired each other's wives to do nothing for salaries of about $50,000, according to a whistleblower suit filed in state court Tuesday.

Expert Analysis

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Alternative Visa Programs For Foreigners Traveling To US

    Maria Mejia-Opaciuch

    As the U.S. federal courts review the legality and constitutionality of President Donald Trump's recent executive order banning travel from seven Muslim-majority countries, Maria Mejia-Opaciuch of Carlton Fields PA discusses visa programs that should be considered by foreign nationals that may alleviate the need to process a formal visa stamp at a U.S. Consulate overseas, where delays are expected and confusion may reign.

  • When A Workplace Grievance Is Too Hot To Handle

    Ann Fromholz

    More and more often, employers receive employee complaints ranging from informal grievances of harassment, discrimination and retaliation to formal complaints that the company has engaged in criminal conduct. When determining whether to assign the investigation to someone in human resources or engage an outside investigator, as with so many legal questions, the answer depends on the circumstances, says Ann Fromholz of The Fromholz Firm.

  • 2-For-1 Executive Order Leaves OMB To Work Out Details

    Laurence Platt

    While President Donald Trump’s recent executive order reducing regulations may seem appealing in its simplicity, the White House has provided agencies with little guidance on its implementation, instructing them to call the Office of Management and Budget with questions. Yet the OMB's ability to provide answers will be impaired by a lack of clear legal standards, say Laurence Platt and Joy Tsai of Mayer Brown LLP.

  • Texas' Secret Weapon To Keep Ex-Employees Honest

    Arthur V. Lambert

    Many employers believe expensive litigation is their only option when an employee defects to a competitor or takes off with proprietary company information. However, small- and mid-sized companies may be best suited to leverage Rule 202 of the Texas Rules of Civil Procedure because it allows them to investigate possible trade secret claims before filing a lawsuit, says Arthur Lambert of Fisher Phillips.

  • Responding To A Politician’s Social Media Attack

    Arthur H. Kohn

    Rhetorical attempts by politicians to influence the conduct of private enterprise — commonly referred to as “jawboning” — are an old political tactic. But the nature and frequency of jawboning in the current environment makes this a serious issue for boards and management at a wide variety of public companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Securing An Ex Parte Seizure Remedy Under DTSA

    Kevin J. Burns,

    Despite much debate over the ex parte seizure of property provision of the Defend Trade Secrets Act, there has been little case law on such orders. However, while a California federal court did not issue a seizure order in OOO Brunswick Rail Management v. Sultanov, its recent opinion in the case remains instructive, says Kevin Burns of Fisher Phillips.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • What A Justice Gorsuch Might Portend For FCA Enforcement

    Scott Stein

    While U.S. Supreme Court nominee Judge Neil Gorsuch has participated in only a few appeals of False Claims Act cases, his views suggest that companies and individuals subjected to FCA litigation based on disputed interpretations of agency regulations may find a sympathetic ear, say Scott Stein and Meredith Toole Reiter of Sidley Austin LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.