LexisNexis® Legal Newsroom
    Exotic Dancers Win Cert. In Miami Club OT Suit

    A Florida magistrate judge conditionally certified a collective class of exotic dancers in their lawsuit accusing a Miami strip club of stiffing them on wages and overtime, in violation of the Fair Labor Standards Act.

    Sheehan Phinney Snags Jones Day Labor Pro in Boston

    Sheehan Phinney Bass & Green PA announced that it has lured a veteran labor law practitioner from Jones Day to its Boston office.

    ERISA To The Rescue: Preemption Of State Law Prevails

    The Sixth Circuit’s ruling in Sherfel v. Newson reinforces the existing interpretation of the Employee Retirement Income Security Act — state law is preempted when it subjects ERISA-governed plans to different legal obligations or requires the plan administrator to pay different benefits than the plan otherwise provides, say attorneys at Baker & McKenzie.

    An Associate's Perspective On Business Development

    Let’s face it: taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop our business. Our primary value comes not from spending time away from the office on networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

    $62M FCA Suit Against Northrop Grumman Mostly Survives

    An Illinois federal judge on Thursday refused to toss most of an ex-employee's $62 million False Claims Act suit accusing Northrop Grumman Corp. of defrauding the U.S. over a program designed to create technology protecting commercial aircraft from shoulder-fired missiles, finding plausible allegations that Northrop had lied.

    Quinn Emanuel Appeals Disqualification From Firing Suit

    Quinn Emanuel Urquhart & Sullivan LLP on Thursday asked a New York appeals court to allow it to represent an investment management firm in a former employee’s wrongful termination suit, saying a lower court misapplied conflict of interest standards when it disqualified the law firm from the case.

    Funds Dissatisfied With Simon Property CEO's Pay Revision

    Two pension funds launched another challenge to Simon Property Group CEO David Simon's pay in a derivative lawsuit unsealed late Wednesday, arguing revisions to his compensation made in the midst of a prior Delaware Chancery Court fight weren’t good enough and could hand him more than $150 million.

    Fired Gay Worker's Bias Suit Allowed To Move Forward

    A New Jersey federal judge refused Thursday to nix a lawsuit brought against the owner of several Ashley Furniture HomeStore locations by an ex-human resources director who was allegedly fired because of her sexual orientation and told the termination was ordained by God.  

    Judge Koh Agrees To Take On Oracle Anti-Poaching Suit

    U.S. District Judge Lucy H. Koh agreed Wednesday to take on a proposed class action accusing Oracle Corp. of conspiring to suppress employee pay by entering an anti-poaching agreement with Google Inc., finding the new suit was related to an ongoing case about similar recruitment agreements.

    7th Circ. Shuns Review Of $180M ConAgra Blast Suit

    The Seventh Circuit on Thursday refused to rehear en banc a ruling that released ConAgra Foods Inc. from its portion of a $180 million jury verdict stemming from an explosion at an Illinois grain mill that severely burned three workers.

    San Bernardino Creditors Demand Deadline For Ch. 9 Plan

    A bank and an insurer urged the judge handling San Bernardino, California’s two-year-old bankruptcy case on Wednesday to fix a March 1 deadline for the city to submit a Chapter 9 exit plan, saying that a firm timeline will pressure recalcitrant unions into accepting benefit cuts.

    Chevron Gets $4M Deal To End Refinery Wage Fight Approved

    Chevron USA Inc. on Thursday won approval from a California judge for its $4.2 million settlement of class claims that it stiffed almost 1,400 current and former oil refinery employees by not paying wages for time spent on required pre- and post-shift meetings.

    A Possible Game-Changer For 'Silent' Arbitration Clauses

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

    Fla. High Court Overturns Atty Fee Ruling In Pension Case

    The Florida Supreme Court on Thursday ruled that attorneys' fees awarded to Tampa firefighters and police officers in a dispute over missed pension fund payments should be paid by the fund’s board, quashing a 2013 state appellate decision.

    NY Top Court Urges SimplexGrinnell Wage Recovery

    The New York Court of Appeals on Thursday advised the Second Circuit they should not give the Department of Labor deference in deciding whether SimplexGrinnell LP government contractors may pursue claims of past underpayment, and should read the relevant statute as requiring prevailing wages for all the contractors’ work.

    Calif. Court Stops Firm's Wells Fargo OT Row $5M Fee Grab

    A California appeals court on Wednesday refused to allow Initiative Legal Group APC to collect nearly $5 million that it said it believed were attorneys’ fees obtained in a settlement over Wells Fargo Bank NA mortgage consultants’ claims that the bank denied them overtime.

    JC Penney Ruling Urges Swiftness For FLSA 'Pick-Off' Bids

    J.C. Penney Co. Inc.'s recent failed attempt to end a potential Fair Labor Standards Act collective action by offering to pay the named plaintiffs' wage claims prompted a New York federal court ruling that attorneys say demonstrates the need to act quickly — for employers looking to complete an FLSA “pick-off” as well as plaintiffs looking to avoid one.

    HSBC Faces New Retaliation Suit Over Alleged Harassment

    HSBC Securities (USA) Inc. was hit with yet another suit in New York federal court Tuesday alleging in fired an employee who reported a colleague's alleged sexual harassment.

    Appeals Court Blasts Form Declarations In Walgreen Wage Suit

    The California Court of Appeal refused to revive a putative class action Thursday, accusing The Walgreen Co. of not giving employees meal breaks after dozens of witnesses recanted mostly identical declarations overseen by the plaintiff's lawyers, raising questions about how they were prepared.

    SG Backs KBR, Halliburton Tipster On Wartime FCA Limits

    The federal government on Tuesday threw its support behind a whistleblower accusing KBR Inc. and Halliburton Co. of defrauding the government, telling the U.S. Supreme Court that the statute of limitations is extended for civil False Claims Act cases over wartime contracts.

    Honda Execs Take Pay Cuts Over Recall Problems

    Honda Motor Co. on Thursday said its CEO will take a 20 percent pay cut, with 12 other executives slashing their salaries by 10 percent, after the Japanese company announced a fifth recall this year of its Fit hybrid model.

    Florida Hospitals Face FCA Suit Over Kickback Scheme

    A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.

    Judge Questions Scope Of $75M NCAA Concussion Deal

    An Illinois federal judge on Thursday questioned why the NCAA’s proposed $75 million concussion settlement includes student-athletes who played noncontact sports such as archery, one of several concerns he raised as the organization and plaintiffs’ attorneys pressed him to grant the deal preliminary approval.

    Dodd-Frank Spares TD Ameritrade Worker Suit, 3rd Circ. Told

    The Third Circuit was urged Thursday to allow an ex-TD Ameritrade Inc. worker's whistleblower suit to proceed in court under a provision of the Dodd-Frank Act allowing would-be informants to void arbitration clauses in their employment agreements.

    3rd Circ. Urged To Revive Farmworkers' DOL Wage Challenge

    The Third Circuit was urged on Thursday to overturn a district judge’s decision that forthcoming changes to the U.S. Department of Labor’s rules for the calculation of wage levels for migrant farmworkers invalidated a lawsuit challenging the current way the government allows pay rates to be set.