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Employment Archives

Class Definition in SunTrust ERISA Lawsuit

Between mid-2007 and early 2011, SunTrust Banks ("SunTrust" or the "Company") was accused of improperly handling its employees' 401(k) plan by purchasing its own common stock with the employees' retirement funds. Given the large stake in the subprime housing market (one of the main contributors to the Great Recession), SunTrust's employees filed a lawsuit in mid-2008, alleging that the Company's actions were imprudent and that it breached its Employment Retirement Income Security Act ("ERISA") fiduciary duties, which require SunTrust to act solely in the interests of the 401(k) plan members. The employees further claimed that SunTrust breached its fiduciary duties by failing to disclose how it was using the employees' retirement savings.

Morgan Stanley Settles $6M for FLSA Suit

In 2014, a Fair Labor Standards Act ("FLSA") case against Morgan Stanley & Co. LLC ("Morgan Stanley" or the "Company"), which alleged the Company was not paying its employees overtime, ended with a $4.2 million settlement. Subsequently, on June 30, 2016, after facing several identical lawsuits, Morgan Stanley agreed to pay-out another $6 million to settle those matters.

New Federal Law Gives Businesses More Options to Enforce Trade Secrets, P.2

In our previous post, we began looking at the newly passed Defend Trade Secrets Act, which creates a federal cause of action for businesses wanting to enforce trade secrets in federal court. As we pointed out last time, the law will certainly be beneficial to businesses looking to protect confidential information from misappropriation, but it will also require businesses to think carefully about which forum will be best for each case.

New Federal Law Gives Businesses More Options to Enforce Trade Secrets, P.1

Readers may have heard about the recent passage of the Defend Trade Secrets Act, the new federal law which establishes a federal cause of action for trade secret violations. Previously, businesses which had been harmed by a trade secret violation were only able to pursue such claims in state court except in very limited circumstances.

OSHA Turns to Technology In Hopes of Safer Workplaces

It can be easy to forget when we all go to our jobs day in and day out that there is a complex web of laws and regulations that are at work regarding our employment rights. If you are fortunate, you've never had to question whether your employer has paid you what you deserve for hours worked, for example.

FedEx Wants Reconsideration of Bargaining Unit

FedEx recently asked the Eight Circuit Court of Appeals to reconsider a ruling that incorporated a heightened standard for employers challenging bargaining unit status. An appropriate bargaining unit is "a group of two or more employees who share a community of interest and may reasonably be grouped together for purposes of collective bargaining." Bargaining units will meet and confer with the employer to reach a collective bargaining agreement that will apply to all employees in that unit. Section 9(b) of the National Labor Relations Act ("NLRA") bestows the task of determining the appropriateness of a bargaining unit to the National Labor Relations Board ("NLRB" or "the Board"), but the Board's decision can be appealed to federal district court.