Civil Remedies Labor & Employment

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Supervisor fined after workers exposed to asbestos dust

A supervisor with an asbestos abatement company, and his employer, have pleaded guilty to charges under the Occupational Health and Safety Act and were fined, after workers were exposed to asbestos dust on a job site....more

Cleaning Authority of Plainfield to Pay $15,000 to Resolve EEOC Disability Suit

House Cleaning Service Subjected Employee to Unlawful Inquiries and Harassment Based on Abnormal Gait, Federal Agency Charged - CHICAGO - Mont Brook, Inc., doing business as The Cleaning Authority of Plainfield, will...more

Lehman Brothers Pension Scheme - The treatment of pensions claims in a UK insolvency process

When the Lehman Brothers group imploded in September 2008, the impact of events on the Lehman Brothers UK pension scheme (the "Scheme") was not seen as a key concern for anyone other than the members themselves. Yet as time...more

Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale

Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more

False Claims Act – 2014 Year in Review

The False Claims Act (FCA) imposes liability on individuals and companies who defraud or submit false claims to the federal government. The FCA allows the federal government to seek treble damages, civil penalties and...more

Recent Developments in Indiana Law on Employer/Employee Non-Compete and Non-Solicitation Agreements

In 2014, Indiana courts considered a handful of cases that concerned non-compete and non-solicitation agreements between employees and employers. Indiana courts continued the trend and showed a reluctance to enforce...more

Hot Wheel City Will Pay $20,000 to Resolve EEOC Sexual Harassment and Retaliation Lawsuit

DETROIT -- Hot Wheel City, a Detroit-based automotive wheel and accessory store chain, has agreed to pay $20,000 and to provide equitable relief to settle a federal sexual harassment and retaliation lawsuit brought by the...more

A Look Back at SEC Whistleblowers in 2014

In retrospect, 2014 has to be considered a success for the whistleblower program run by the United States Securities and Exchange Commission (SEC). This year, whistleblowers who earned awards through the SEC earned more money...more

No Waiver Of PAGA Representative Claims (Yet)

This week, the U.S. Supreme Court denied certiorari in connection with the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angleles, LLC. Had the Court heard the Iskanian case, it was expected to...more

Employee Who Was Sued By Former Employer Collects $271,000 From Employer

PCGH sued its former employee, Thomas Keck, to collect on an unpaid promissory note. Keck defended against the action by claiming that any money he owed PCGH was offset by monies PCGH owed him for unpaid bonus and severance...more

Mims Distributing Company to Pay $50,000 Lawsuit to Settle EEOC Religious Discrimination Lawsuit

Beer Distributor Unlawfully Refused to Hire Rastafarian Because He Refused to Cut His Hair, Federal Agency Charged - RALEIGH, N.C. - Mims Distributing Company, Inc. will pay $50,000 and furnish other relief to resolve...more

Fourth Circuit's Triple Canopy False Claims Act Decision

The decision unexpectedly expands potential liability. On January 8, the U.S. Court of Appeals for the Fourth Circuit issued a panel decision that established a new and potentially significant False Claims Act (FCA)...more

Anti-Discrimination and Anti-Retaliation Policies Save Employer from $3.5 Million Punitive Damages Award

On January 7, 2015, the U.S. District Court for the District of Puerto Rico issued an opinion overturning a jury’s $3.5 million punitive damages award for retaliation claims brought under Title VII and Puerto Rico law,...more

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award

Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from...more

OSHA Hands Down Record Award Under Federal Railroad Safety Act

The Occupational Health and Safety Administration (OSHA) gave a MTA Metro-North railroad employee a record award under the Federal Railroad Safety Act after they suffered an injury in 2011. The $250,000 in punitive damages...more

Michigan Protects Employers from Negligent Hiring and Retention Claims

On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana, Georgia, Tennessee, and Texas recently passed...more

$6.5 Million Class Action Settlement Imparts Four Lessons for Companies Seeking to Minimize Independent Contractor...

A $6.5 million settlement between Lowe’s Home Centers and a class of its home improvement contractors was approved by a federal court judge in California earlier this week. The contractors claim that they had been...more

California Employment Law Notes - January 2015

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

Employers Finally Get a Break—Court Reverses $90 Million Verdict and Holds That Employers Are Not Required to Relieve Employees of...

On December 31, 2014, the Court of Appeal for the Second District of California held in an unpublished opinion that employers are not required to relieve employees of all duty during rest periods mandated by California state...more

EZEFLOW USA, Inc. Will Pay $65,000 to Settle EEOC Disability Discrimination Lawsuit

Pipe Fittings Manufacturer Fired Disabled Veteran Instead of Providing a Reasonable Accommodation, Federal Agency Said - PITTSBURGH - EZEFLOW USA, a pipe fitting manufacturer located in New Castle, Pa., will pay...more

District Court Defines Surcharge Broadly

A New York district court held that surcharge could include not only make-whole relief, but also consequential, exemplary, or punitive damages in limited circumstances where malice or fraud is involved. Plaintiff Janet...more

Carolina Metal Finishing Will Pay $40,000 to Settle EEOC Racial Harassment Lawsuit

Bishopville Plant Subjected African-American Employee to Racial Abuse and Fired Him for Complaining, Federal Agency Charged - COLUMBIA, S.C. - Carolina Metal Finishing, LLC, a Bishopville, S.C. based metal finishing...more

Interns’ Class Action Carries Multimillion Dollar Price Tag

Late last spring I posted on this blog about the pitfalls for employers of unpaid internships, often offered to young people during the summer months, or to students or recent college graduates as “pre-entry-level” positions....more

Virginia Public Contractors Beware: Fourth Circuit Upholds Cap on Contractor Recovery for Changed Work

Recently, in Carnell Constr. Corp. v. Danville Redevelopment & Housing Auth., the federal appellate court covering West Virginia, Virginia and the Carolinas upheld a trial court’s determination that a Virginia statute places...more

Whistleblower Awarded $175 Million in Trinity Industries Lawsuit

A federal jury determined that Trinity Industries, a Texas-based guardrail manufacturer, must pay $175 million in penalties after a whistleblower alerted authorities to False Claims Act violations by the company....more

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