Labor & Employment

Law Firm Sues Secretary Who Claims Partner Raped Her

A New York law firm has beat a secretary to the courthouse with a lawsuit claiming her allegations of rape and sexual harassment are false. The law firm of Bivona & Cohen says in its suit that secretary Windy Richards first made the rape allegations against a partner in a…

Apr 25, 2008 10:55 AM CDT

Judge Says Dan Rather Can Subpoena CBS Investigator

Former CBS Evening News anchor Dan Rather won a minor legal victory in a case in which he says he wants only the true story to come out about President Bush’s Vietnam-era military service. Rather is trying to achieve this in a $70 million suit against CBS and his former…

Apr 23, 2008 1:02 PM CDT

Whirlpool Plant Suspends 39 Employees Caught Smoking

A Whirlpool Corp. plant in southern Indiana has suspended 39 workers, claiming the employees were in fact smokers even though they claimed on their health insurance that they had kicked the habit. Whirlpool requires its employees who smoke to pay $500 more in insurance premiums, the Evansville Courier & Press…

Apr 23, 2008 11:17 AM CDT

Are BlackBerry Overtime Suits Coming?

Lawyers love and love to hate their BlackBerrys. So any ABAJournal.com post on the topic usually spurs debate. But the Wall Street Journal Law Blog, referencing a recent National Law Journal story, asks whether the ubiquitous devices will fuel labor and employment litigation. The speculation is that litigation could be…

Apr 22, 2008 4:21 PM CDT

Littler Absorbs Boutique, Opens in Detroit

Labor and employment powerhouse Littler Mendelson is continuing its Midwest expansion by opening an office in Detroit. More than 700 lawyers strong, Littler is making the move by absorbing the boutique firm DeWitt, Balke & Vincent, according to a release. “This addition to Littler will significantly enhance our ability to…

Apr 22, 2008 2:40 PM CDT

Florida Businesses Sue Over New Guns-at-Work Law

Two Florida business coalitions have filed suit over a new law that will allow workers and other citizens to bring guns onto private property in their individual vehicles, starting July 1. The law is unconstitutional because it interferes with private property rights, the Florida Retail Federation and the Florida Chamber…

Apr 21, 2008 10:38 PM CDT

New Symphony Piece Canceled Due to EU Noise Law

The very first time that the Bavarian Radio Symphony Orchestra tried to rehearse “State of Siege” in London, it was clear that they were violating European labor and employment law. Tests that now must routinely be conducted when musicians are playing showed the average noise level as the orchestra played…

Apr 21, 2008 9:54 PM CDT

State Courts Vacating More Arb. Awards for Employees than Employers

State courts are vacating many arbitration awards for employees these days, a pattern that reveals a “disturbing trend” according to one recent study. The University of Illinois College of Law’s Michael LeRoy took a look federal and state court review of employment arbitral awards. The National Law Journal reports that…

Apr 21, 2008 11:55 AM CDT

4 Lawyers from 1 Law Firm Wrongly Included in N.Y. Pension System

Updated: Four attorneys working for a prominent education law firm in Albany, N.Y., have been disqualified from the state pension system by New York’s comptroller, Thomas DiNapoli, because they were not employees but independent contractors. The four Girvin & Ferlazzo attorneys additionally were shown in records as having worked 1,157…

Apr 18, 2008 3:22 PM CDT

Looking For Employee Perks to Offer? Facebook Access May be Enough

Employers who take a more liberal view toward allowing workers access to social networking sites may have a better shot at recruiting young talent, according to a survey by the Australia-based law firm Deacons. Of those surveyed, nearly half reported that “if given a choice between two jobs equal in…

Apr 16, 2008 8:28 PM CDT

Law Firms Mull ADR After Lawyer Suits, But Verdict’s Still Out

A recent spate of lawyers suing well-known law firms is prompting partners to consider requiring mandatory arbitration for such disputes. However, many law firms are reluctant to do so, and fear that adverse publicity and expensive, time-consuming discovery could still result even if they do successfully block associate and partner…

Apr 15, 2008 7:05 PM CDT

N.Y. Schools Lawyer-Pay Probe Expands to All Professionals in Gov’t Work

An ever-expanding state probe by New York Attorney General Andrew Cuomo of possible pension irregularities now extends far beyond lawyers in private practice who worked for the state’s 700-plus school districts. It now potentially encompasses, seemingly, virtually every professional who has worked for a state agency, and may also involve…

Apr 15, 2008 6:37 PM CDT

Suit Claims Boss Waterboarded Worker as Motivational Tack

A suit by a sales employee claims his boss subjected him to waterboarding as part of a “team-building exercise.” Chad Hudgens, part of a 10-person telephone sales team, said he had volunteered for the exercise, devised by his supervisor during a slow sales week, but had no idea what he…

Apr 14, 2008 3:54 PM CDT

New EEOC Rule to Address Layoffs of Older Workers

In a difficult economy, older workers have reason to worry more than their younger counterparts about being fired. Although it’s illegal to discriminate against those 40 and over because of their age, it’s OK to lay off those who are paid more—as older workers generally are—even if this policy has…

Apr 14, 2008 3:03 PM CDT

How to Avoid ‘Parent Trap’ Issues

While those who are parents aren’t a protected class, employers seeking to be family-friendly can ironically stumble into legal pitfalls if they aren’t careful. When disciplining a worker who is a caregiver for children or other family members, it’s important to focus on the rule and the offense, just as…

Apr 10, 2008 11:43 PM CDT