Employment

  • March 3, 2009

    Justices' Retaliation Ruling Leaves Lawyers Guessing

    The U.S. Supreme Court's recent ruling that extends protection under Title VII to workers who speak out about discrimination without initiating a complaint greatly expands the breadth of the anti-retaliation provision, but it leaves the lower courts — and employers — little wiser for it, legal experts say.

  • April 15, 2009

    Lawyers Keep Close Eye On New Ledbetter Rulings

    As courts begin to wrestle with the language of legislation enacted by Congress in January to combat pay inequity in the work force, management-side attorneys fear arguments that expand the law's scope might be gaining sway.

  • February 20, 2009

    Magistrate Backs Collective Status For AT&T Workers

    A group of AT&T Corp. call center workers is a step closer to winning collective action status in its overtime action against the telecommunications giant after a magistrate judge recommended conditionally certifying the group Thursday.

  • April 1, 2009

    Lawyers Say Visa Workers Not Recession Fall Guys

    Employers who feel a moral obligation to protect American workers over their foreign counterparts when making cuts to the work force in these lean times should be reminded of their legal obligation to drop the ax with an even hand, attorneys say.

  • February 20, 2009

    Lawyer In USPS Bias Suit Sent To Disciplinary Panel

    A federal judge has ordered a plaintiffs attorney to go before the court's disciplinary panel after the lawyer sought to withdraw as counsel to a group of postal employees in race discrimination cases just days after the government filed motions to dismiss the actions.

  • February 20, 2009

    EEOC Cases V. Albertson's Stayed For Settlement

    Federal judges have stayed three lawsuits the U.S. Equal Employment Opportunity Commission brought against grocery store chain Albertson's LLC so the parties can hammer out the final details of a settlement.

  • February 20, 2009

    Iowa Concrete Co. Settles ERISA Suit

    A federal judge has certified a 91-member class and given preliminary approval to a settlement in an Employee Retirement Income Security Act suit against Standard Ready Mix Concrete LLC.

  • February 20, 2009

    7th Circ. Affirms Dismissal Of 401(k) Case V. Deere

    A federal appeals court panel has affirmed the dismissal of a proposed class action accusing Deere & Co. and Fidelity Management Trust Co. of offering 401(k) plans that charged excessive fees and of failing to adequately disclose those fee structures.

  • February 19, 2009

    DOJ Joins Qui Tam Suits Over Off-Label Natrecor Use

    The U.S. Department of Justice has decided to intervene in two qui tam suits alleging that Scios Inc. and its parent company, Johnson & Johnson, engaged in off-label marketing of the cardiac drug Natrecor.

  • February 19, 2009

    Trash Co. Gets Claims Dumped From Age Bias Suit

    Waste collection company Republic Services Inc. has won in part its bid to toss claims from a long-running age discrimination suit launched by the U.S. Equal Employment Opportunity Commission on behalf of more than three dozen employees.

  • February 19, 2009

    Judge OKs Class In FLSA Action Against Citigroup

    A federal judge has certified a nationwide collective action against Citigroup Inc. that accuses the company of misclassifying its business banking officers as exempt and failing to pay them for hours worked off the clock.

  • February 19, 2009

    Uproar Over Exec Pay Unlikely To Spur Many Suits

    Experts say the litigation fallout from salary and bonus caps for the top brass at companies that take federal bailout money should be minor, as companies will have viable defenses against potential claims and many executives will see taking a short-term pay cut as a smart move.

  • February 19, 2009

    Twombly Leads To More Title VII Dismissals: Study

    New pleading standards established in the U.S. Supreme Court case Bell Atlantic Corp. v. Twombly are causing even more employment discrimination lawsuits to be tossed before trial, according to a study that will come out later this year.

  • February 19, 2009

    Backdating Suit V. Ex-Embarcadero Execs Lives

    A federal judge on Wednesday refused to dismiss a case against two former executives at software company Embarcadero Technologies Inc. accused by the U.S. Securities and Exchange Commission of concealing more than $14 million in backdated stock options.

  • February 19, 2009

    Class OK'd In Race Bias Suit V. NJ Fire Department

    A federal judge has certified a class of more than 800 would-be firefighters in a suit brought by the National Association for the Advancement of Colored People against a northern New Jersey fire department in an effort to do away with a residency requirement for job applicants that the group claims leads to discrimination.

  • February 19, 2009

    Okla. Guns-At-Work Law Not Preempted: 10th Circ.

    A federal appellate court has ruled that an Oklahoma law allowing employees to have guns in their locked vehicles at work is valid and not preempted by federal law, overturning a district court ruling.

  • February 27, 2009

    ARRA Expected To Cause Whistleblower Claims Spike

    The American Recovery and Reinvestment Act of 2009 contains expanded protections for workers who lodge whistleblower complaints related to the $499 billion in spending in the $787 billion package, which lawyers expect to lead to a surge in claims from individuals who say they were mistreated after making a protected disclosure.

  • February 18, 2009

    Tellers Bring FLSA Action Against BofA

    Two bank tellers have brought a proposed collective action against Bank of America NA, contending that the financial giant failed to pay them and others proper overtime wages.

  • February 18, 2009

    Ind. Court Nixes Ex-Shareholders’ Claims V. Biomet

    An appeals court in Indiana has dismissed a derivative shareholder suit over allegations of options backdating against medical device maker Biomet Inc., saying that the plaintiffs had no standing to bring the suit after a private equity consortium’s acquisition of the company.

  • February 18, 2009

    Utah High Court OKs Worker's Injury Suit V. Chevron

    Finding that a state workers’ compensation law did not bar the suit, Utah’s highest court has given the green light to an oil refinery employee’s case against Chevron USA Inc. over injuries she allegedly sustained while attempting to neutralize toxic sludge according to the instructions of her supervisors.