Labor & Employment Civil Remedies

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Government action on holiday pay claims

BIS has announced this afternoon that a statutory instrument is being laid before Parliament to limit back pay in holiday pay claims to a maximum of two years. ...more

Can Offensive Personal Tweets Justify Dismissal?

Most of the case law in the UK on dismissals related to employees' social media activity has been at employment tribunal level and therefore the recent decision of the Employment Appeal Tribunal (“EAT”) in Game Retail v Laws...more

Minor League Baseball Players Take a Swing at MLB in Antitrust Suit

Several minor league baseball players have filed an antitrust class action against Major League Baseball, alleging that MLB and its teams operate as a cartel to impose restrictive contracts on minor league players. The suit,...more

Ninth Circuit Breathes Life Into Participant’s Claim for Surcharge

A panel of the Ninth Circuit withdrew its earlier opinion and has now joined other circuits in finding that the equitable remedy of surcharge is available for participants seeking recovery of personal losses as opposed to...more

Additional (punitive) damages for flagrant patent infringement awarded against ex-employee

What happens when an employee: - leaves your company; - convinces your manufacturer to stop supplying your (patented) product to you and supply it to him instead; and - then starts selling this product to one of...more

Clear Sailing Ahead For Class Counsel in California Settlement

In Laffitte v. Robert Half International, Inc., No. BC321317, ___ Cal.App.4th ___ (Oct. 29, 2014; pub. ord. Nov. 21, 2014), the California Court of Appeal affirmed a $19,000,000 settlement that included an attorneys’ fee...more

Changes Coming To Colorado Discrimination Claims

On January 1, 2015, changes to Colorado’s employment anti-discrimination statute will go into effect, drastically impacting employers facing employment discrimination claims. The changes will significantly expand the remedies...more

Court Rejects Manifest Disregard Of Law Claim

A district court in Pennsylvania has denied a motion to vacate a prior arbitration award based on the arbitrator’s alleged manifest disregard of the law, and instead granted a motion to confirm the award in a case arising out...more

Fabricating Evidence and Losing Arbitration

Seagate Tech., LLC v. W. Digital Corp - Addressing an issue of whether an arbitrator inappropriately sanctioned a party that had been found to have fabricated evidence and whether the arbitrator refused to consider...more

Autozone's Predicament: A $185 Million Punitive Damage Award

The record $185 million punitive damage award by a California jury in November 2014 against AutoZone has been widely reported. This huge verdict raises immediate questions: How did this happen? What circumstances led the jury...more

Arizona Supreme Court Holds the Arizona Uniform Trade Secrets Act Does Not Preempt Tort Claims Based on Misappropriation of...

On November 19, 2014, the Arizona Supreme Court ruled in Orca Communications Unlimited, LLC v. Noder that the Arizona Uniform Trade Secrets Act (AUTSA) does not preempt common law tort claims for misappropriation of...more

Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more

50,000 Reasons for Employees to Think Twice Before Taking Their Employer's Copyright Works and Confidential Information

An ex-employee was recently ordered to pay his former employer AUD50,000 in damages after the Federal Court (Court) held that the employee had infringed copyright and breached his employment agreement and duty of...more

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

SEC Reports FY 2014 as a Historic Year for Whistleblower Program

According to the annual report issued by the Securities and Exchange Commission (SEC), fiscal year 2014 was a "historic" one for the whistleblower program initiated pursuant to the 2010 Dodd-Frank Wall Street reform law. In...more

The Employees Strike Back: High Tech & Hollywood Caught Red Handed in Wage-Fixing Class Actions

When you think of a monopoly you probably think of Rich Uncle Pennybags or oil tycoon John D. Rockefeller, but maybe you should think of Princess Elsa from Frozen or the iPhone 6 instead. The largest Hollywood animation...more

Employment Law - December 2014

California Jury Awards Record $185M Verdict to Female Employee - Why it matters: A California jury made national headlines and terrified employers across the country when it awarded $185 million in punitive damages...more

Supreme Court Rejects Whistleblower’s Double-Dip Attempt

On Monday the United States Supreme Court declined to hear Danny Smart’s appeal of the Fifth Circuit’s rejection of his attempt to share in the proceeds of a $5 million settlement of a False Claims Act suit brought by another...more

Sleeping Employee Wins $1 Million under the ADA

In a clear example of what not to do under the Americans with Disabilities Act (ADA), a simple and avoidable mistake turned into almost $1 million in liability for an employer accused of firing an employee for sleeping on the...more

EEOC Files Contempt Action Against Employer for Alleged Breach of Settlement Agreement

On December 3, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that it has filed a contempt action in Federal court against a Charlotte-based employer. In that action, the EEOC...more

Court Holds Supervalu/Jewel-Osco in Contempt for Violations of EEOC Consent Decree in Disability Case

Federal Agency Obtains Relief for Three Jewel Employees Denied Accommodation; Extension of Consent Decree by One Year; Jewel to Pay EEOC Attorneys' Fees - CHICAGO - Federal District Judge Ronald A. Guzman has entered a...more

Federal Judge Upholds Record $185 Million Punitive Damages Verdict Won by Fired Female Manager

Last month, a federal district judge in San Diego upheld a $185 million jury verdict in a pregnancy discrimination lawsuit against AutoZone Stores. The verdict is a record for a single-plaintiff employment discrimination...more

New Koosharem and Real Time Staffing to Pay $580,000 to Settle EEOC Racial Discrimination Suit

Companies Failed to Refer Applicants Based on Their Race/National Origin, Federal Agency Charged - MEMPHIS - Staffing companies New Koosharem Corporation and Real Time Staffing Corporation will pay $580,000 as part of...more

Slumbering Cop Takes Home Million-Dollar Jury Verdict Based on ADA Claim

The City of McPherson, Kansas was recently hit for almost $1 million in damages when a jury sided with a plaintiff police officer who claimed he was wrongfully terminated for falling asleep on duty. Matthew Michaels, who...more

Case Update: Workers will not Appeal Holiday Pay Overtime Ruling

We recently reported on the Employment Appeal Tribunal’s (EAT) important decision on the calculation of holiday pay. This decision established that payments in respect of “non-guaranteed overtime” must be taken into account...more

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