Employment

  • January 17, 2017

    'Apprentice' Contestant Hits Trump With Defamation Suit

    A former “The Apprentice” contestant who publicly accused Donald Trump of having made unwanted sexual advances toward her filed a defamation lawsuit against the president-elect in New York court Tuesday for asserting in Twitter posts and campaign rallies that she concocted the allegations.

  • January 17, 2017

    Pilots, Flight Attendants Sue DOT Over Norwegian Air Permit

    A coalition of unions representing pilots and flight attendants has sued the U.S. Department of Transportation in the D.C. Circuit to challenge the agency's grant of a foreign air carrier permit to Norwegian Air Shuttle ASA's Irish subsidiary.

  • January 12, 2017

    Ex-Relativity Media Exec Sues Over False Statements, Ouster

    The axed former co-president of production for beleaguered film company Relativity Media on Wednesday sued the man who allegedly orchestrated his arrival and departure from the company in less than a year, claiming he had misrepresented the company's financial situation and then dumped him under false pretenses.

  • January 11, 2017

    Anheuser-Busch Hit With Rest Break Class Action In Calif.

    Anheuser-Busch allegedly fails to give its delivery and store merchandise employees proper rest breaks and doesn't compensate them with overtime pay, according to a proposed class action filed in California state court this week.

  • January 10, 2017

    Best Buy Bonus System Shorts Workers’ OT Pay, Suit Says

    The system used by Best Buy to calculate employee productivity retention bonuses does not factor the bonuses into the calculation of hourly wages, meaning workers are prevented from receiving the proper amount of overtime pay, a lawsuit filed Monday in California state court said. 

  • January 9, 2017

    OSHA Injury Reporting Rule, Database Ripped By Chamber

    The U.S. Chamber of Commerce and other industry groups are looking to prevent the Occupational Safety and Health Administration from implementing its injury and illness recordkeeping reporting rule, saying the proposed online database violates businesses' First Amendment rights and oversteps OSHA’s authority.

  • January 9, 2017

    NJ Transit Sued Again After $3.65M Racial Bias Settlement

    A New Jersey Transit employee has slapped the agency with a lawsuit in New Jersey state court alleging that she has suffered retaliation since she and other plaintiffs reached a $3.65 million settlement with the agency last year over racial discrimination claims.

  • January 9, 2017

    Fired Adelson Atty Sues Firm After Judge-Row Response

    A former Adelson Testan Brundo Novell & Jimenez workers’ compensation associate has filed a wrongful termination suit against the firm in Los Angeles Superior Court, alleging he was fired after insisting on pursuing an ethics claim against an administrative judge who purportedly shoved him after a hearing.

  • January 6, 2017

    Delta Let 'Mentor' Masturbate Openly At Desk, $20M Suit Says

    Delta Air Lines Inc. fired two women for complaining that their assigned mentor was openly masturbating at his desk, according to a $20 million New York suit filed Thursday that alleged the company repeatedly told the women it wouldn’t punish the man because he’d lose his job.

  • January 6, 2017

    DOE Condoned Racial Slurs, 'Redskins' Imagery, Worker Says

    A U.S. Department of Energy employee and tribe member charged with raising sensitivity to Native American issues hit the agency’s secretary, Ernest Moniz, with a complaint Thursday in D.C. federal court, alleging DOE leaders retaliated against her for complaining about the use of racial slurs and imagery in the workplace, including on Washington Redskins merchandise.

  • January 6, 2017

    DOL Sues Beef Jerky Factory Over Severed Thumb Incident

    The U.S. Department of Labor on Thursday sued the owner of a recently closed beef jerky factory, alleging that he violated whistleblower protection laws when he terminated an employee who called 911 to help a co-worker with a severed thumb and then reported the factory's safety violations to the government.

  • January 6, 2017

    Auto Parts Co. Owes OT Pay For Safety Duties, Suit Says

    Automotive and industrial parts company Schaeffler Group USA Inc. violated the Fair Labor Standards Act by failing to pay workers for performing job-related safety and efficiency tasks, a proposed class action lawsuit filed Thursday in Ohio federal court says.

  • January 5, 2017

    Snapchat Lying To Investors To Boost IPO, Ex-Worker Says

    A former Snapchat employee who was fired after just three weeks alleged that the social media giant is lying to investors ahead of its initial public offering and pressured him to spill secrets from his past job with Facebook, according to a complaint filed in California state court Wednesday.

  • January 4, 2017

    DOL Sues Google Over Withheld Compensation Data

    The U.S. Department of Labor announced an administrative lawsuit Wednesday seeking to force Google to hand over more compensation data regarding a government look into its equal opportunity program, data the technology giant has refused to hand over because of confidentiality concerns, despite reporting obligations for government contractors.

  • January 3, 2017

    Wells Fargo Workers File RICO, FLSA Suit Over Sales Scams

    Wells Fargo employees have slapped the banking giant with a proposed multibillion-dollar class action in federal court that claims they were retaliated against and emotionally and financially injured for refusing to participate in a bogus account scam they say amounted to racketeering.

  • January 3, 2017

    Foley & Lardner Whiffed On Noncompetes, Insurer Says

    A Florida insurance company has sued Foley & Lardner LLP for malpractice in Wisconsin federal court, saying the law firm made a $1.7 million flub by failing to ensure that key employees of a claims processing technology company the insurer acquired signed noncompete agreements.

  • December 21, 2016

    Insurer Says Au Pair Co. Isn’t Covered For Wage-Fixing Suit

    Berkley Assurance Co. asked a Florida federal court Wednesday to rule it doesn’t have to indemnify or defend a visa-sponsoring placement service for au pairs that’s accused of conspiring with other agencies to set low pay rates, saying coverage was purchased after the underlying lawsuit’s filing.

  • December 19, 2016

    Fla. Eye Clinic Faces FCA Suit Over 10 Years Of False Claims

    A Florida eye clinic raked in improper Medicare payments for at least 10 years through a systemic practice of submitting fraudulent claims, including for services that weren’t actually provided to patients, two whistleblowers said in a False Claims Act suit that was recently unsealed in Florida federal court.

  • December 16, 2016

    Arizona Chamber Challenges Minimum Wage Hike

    The Arizona Chamber of Commerce is leading a charge to stop a newly approved minimum wage hike and paid sick leave ballot initiative from taking effect, filing a lawsuit in state court Thursday that says the proposal's lack of a state revenue generator and inclusion of multiple subjects violate the state's constitution.

  • December 14, 2016

    Business Groups Sue To Block Miami Beach Min. Wage Hike

    A living wage ordinance passed by the city of Miami Beach in June drew a legal challenge Wednesday from three of Florida's leading business organizations, who say the measure, which requires a $13.31 minimum rate citywide by 2021, directly violates state law.

Expert Analysis

  • ADEA At 50: Trends And Predictions For An Aging Workforce

    Chloe J. Roberts

    Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The International Scope Of SEC’s Whistleblower Program

    Vincent H. Cohen Jr.

    Around the world, corporate insiders are taking note of the significant awards issued by the U.S. Securities and Exchange Commission's whistleblower program and are more willing than ever to report their perceptions of corporate misconduct. This is an unmistakable call to action for multinational companies, say attorneys with Dechert LLP.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Employment-Based Immigration And Trump: What To Expect

    Brian J. Coughlin

    As President-elect Donald Trump continues to assemble his cabinet and develop strategies for his first 100 days in office, U.S. employers with temporary foreign workers contemplate an uncertain future. Despite Trump’s prediction that he will in time be regarded as the country’s “greatest jobs president,” many in the international business community remain apprehensive, say Brian Coughlin and David Iannella of Fragomen Del Rey Bernsen & Loewy LLP.

  • Examining Preponderance-Of-Evidence Standard At 7th Circ.

    Cinthia Granados Motley

    In Ramirez v. T&H Lemont, the Seventh Circuit recently reasoned that when sanctioning a party’s misconduct under inherent authority or Federal Rule of Civil Procedure 37, a preponderance of evidence is sufficient. The decision will no doubt extend beyond the requisite proof for discovery-related sanctions and misconduct and provide guidance on the applicable burden of proof in other contexts, say attorneys at Sedgwick LLP.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.