Employment

  • September 26, 2016

    Trump Touts Tariffs, Clinton Talks Wages To Shore Up US Jobs

    Employment was at the forefront in the opening stages of Monday’s highly anticipated presidential debate, where Hillary Clinton spoke about her plans to help workers and Donald Trump emphasized the need to keep jobs in the U.S. 

  • September 26, 2016

    DOL Launches Wells Fargo Employment Probe Amid Scandal

    The U.S. Department of Labor said Monday it has launched a "top-to-bottom" review of Wells Fargo & Co. employment practices over the past several years in light of revelations the bank instituted an aggressive sales strategy that resulted in the opening of millions of unauthorized accounts.

  • September 26, 2016

    NJ Sens. Seek To Ban Employers' Use Of Salary History

    A pair of New Jersey state senators have introduced legislation that would prevent employers from asking job applicants about their salary history and from relying on that information to determine potential wages at any stage during the hiring process, Senate Democrats announced Monday.

  • September 26, 2016

    Infosys Seeks Quick Win In 'Reverse Discrimination' Case

    Infosys Technologies Ltd. Inc. asked a Wisconsin federal court Friday to rule in its favor in a putative class action brought by four white individuals who claim the company discriminated against them based on their non-South Asian national origin and race, saying the evidence fails to show any reverse discrimination.

  • September 26, 2016

    Family Dollar Says Ex-Worker’s PAGA Break Claim Must Go

    Family Dollar Inc. urged a California judge at a hearing Monday to throw out meal and rest break claims a former assistant manager is pursuing under the state’s Private Attorney General Act, saying he didn’t exhaust administrative remedies before filing suit and it’s too late to correct that error.

  • September 26, 2016

    Buchalter Adds Greenberg Employment Pro, Frazer Tax Experts

    Buchalter Nemer PLC announced it has hired the former chair of Greenberg Traurig LLP’s Phoenix labor and employment practice and two tax attorneys from Frazer Ryan Goldberg & Arnold LLP, bolstering the firm's Scottsdale, Arizona, office.

  • September 26, 2016

    Jury Awards $5.1M Over Paper-Industry Trade Secrets

    A Washington federal jury awarded $5.1 million to A.H. Lundberg Associates Inc. Friday after finding its former customer TSI Inc. hired away a vital Lundberg employee and stole the company's wood-drying technology.

  • September 26, 2016

    Calif. Gov. Signs Privacy Bill Shielding Actors' Ages

    Under a measure signed by California Gov. Jerry Brown on Saturday, actors and other industry professionals can scrub their ages from online entertainment employment service provider sites such as IMDb.com Pro, marking a victory for the union that backed the proposal.

  • September 26, 2016

    'One In A Billion' Palantir Hiring Is Not Biased, Says DOL

    Palantir Technologies Inc. was accused Monday by the U.S. Department of Labor’s government contracts monitor of discriminating against Asian job applicants, which said in a lawsuit that the odds the company hired so few Asians by chance were “one in a billion.”

  • September 26, 2016

    Pimco Co-Founder Can Depose CEO In $200M Suit: Judge

    A California state judge ordered Pacific Investment Management Co. on Monday to let co-founder Bill Gross' lawyer interview the investment company's CEO and 11 other directors in Gross' $200 million suit alleging the firm forced him out.

  • September 26, 2016

    Blue Cross Presses To Trim Michigan Tribe's ERISA Claims

    Blue Cross Blue Shield of Michigan continued to press a federal court Friday to pare down the Little River Band of Ottawa Indians’ suit alleging the insurer mismanaged the tribe’s employee benefit plan under the Employee Retirement Income Security Act, arguing it had no duty to cap health care claims at certain rates.

  • September 26, 2016

    Ambulance Co. 'Upcoding' Suit Dismissed For Lack Of Proof

    Two whistleblowers haven’t sufficiently argued that CareFlite, a Dallas-area nonprofit that provides ambulance services, systemically billed Medicare or Medicaid for more advanced services than it provided, a Texas federal judge said on Monday in dismissing the False Claims Act suit.

  • September 26, 2016

    Bass Pro Invokes Tyson In EEOC Discrimination Fight

    Seeking a favorable judgment, Bass Pro told a Houston federal court Friday that the U.S. Supreme Court's recent Tyson decision has “profound” implications for the U.S. Equal Employment Opportunity Commission's hiring discrimination allegations against the outdoor goods retailer.

  • September 26, 2016

    Growing FCA Pipeline Provides Justices Plenty To Ponder

    The U.S. Supreme Court has taken an unprecedented number of False Claims Act cases in recent years, and issues posed by numerous pending petitions — as well as those bubbling up in lower courts — will likely result in that trend continuing.

  • September 26, 2016

    Chase Bankers Lose Class Cert. Bid In FLSA Overtime Suit

    A California federal judge on Monday shot down a bid for class certification in a Fair Labor Standards Act suit against from J.P. Morgan Chase & Co. for underpaid wages, saying a former private client banker didn't prove others in his role had similar experiences of being forced to work off-the-clock.

  • September 26, 2016

    NJ High Court To Mull State's Subpoena Power In FCA Action

    The New Jersey Supreme Court said Friday it will review a finding that the state attorney general cannot subpoena two former employees of a pharmacy benefits company targeted in a False Claims Act suit because the deadline had passed for the state to intervene in the case.

  • September 26, 2016

    Objector Can't Block $28M Schneider Truckers Deal, Attys Say

    Schneider National Carriers Inc. truck drivers told a California federal judge Friday that a serial objector shouldn’t be allowed to derail their $28 million settlement in a certified wage-and-hour class action alleging Schneider didn’t offer proper meal and rest breaks, saying class members have overwhelmingly backed the deal.

  • September 26, 2016

    EEOC: Hawaii Harley Dealer Fired Worker for Harassment Talk

    The U.S. Equal Employment Opportunity Commission hit a Hawaii Harley Davidson dealership chain with a suit in federal court on Friday alleging it retaliated against an employee for advising co-workers on how to file a hostile work environment claim for racial harassment.

  • September 26, 2016

    5th Circ. Says Dresser-Rand Lockout Wasn't Illegal

    Energy equipment maker Dresser-Rand Co. did not violate the National Labor Relations Act when it locked out workers during contract negotiations, the Fifth Circuit ruled Friday, reversing part of an order from the National Labor Relations Board.

  • September 26, 2016

    Feds Again Seek Clarity On Gender Guidelines Injunction

    The U.S. government on Friday again defended its request that a federal judge offer clarification on his block of federal guidance that public schoolchildren be allowed to use the bathroom matching their gender identity, arguing that states challenging the directive, led by Texas, are trying to apply the ruling too broadly.

Expert Analysis

  • Looking Ahead: Emerging Labor And Employment Law Trends

    Joel S. Barras

    With summer 2016 well behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. From the looming overtime regulations to equal pay legislation and class action waivers, Joel Barras and Mark Goldstein of Reed Smith LLP dissect several of the developing trends in this arena.

  • The Perils Of Parallel FCA Proceedings

    Tony Maida

    Parallel criminal and civil proceedings in False Claims Act cases raise important and troublesome issues for the defense, including protecting the defendant’s Fifth Amendment rights while mounting a robust defense in the civil case. But, as shown in recent decisions from the Eastern District of Kentucky and Southern District of New York, parallel proceedings may also prove challenging to the U.S. Department of Justice, say Tony Mai... (continued)

  • What Employers Should Know About New Ill. Noncompete Law

    James M. Witz

    Illinois' recently enacted Freedom to Work Act prohibits nongovernmental employers from entering into noncompete agreements with low-wage employees. The new law is part of a greater focus by state and federal governments on ensuring the mobility of low-wage workers and preventing potential abuse of noncompete agreements, say Jim Witz and Abiman Rajadurai at Littler Mendelson PC.

  • When Ambiguous Regs Preclude FCA Liability

    Taylor Chenery

    The Eighth Circuit’s opinion in U.S. v. Anesthesia Associates is the most recent in a line of cases suggesting that a provider faced with a potentially ambiguous regulation or statute can protect itself from potential False Claims Act liability by taking steps to ensure that its interpretation of the ambiguous provision is reasonable under the circumstances, says Taylor Chenery of Bass Berry & Sims PLC.

  • Wearable Device Data As Evidence In Employment Cases

    Karla Grossenbacher

    Wearable device data may be the next big thing in the world of evidence for employment cases. Given the nature of the information captured, it is easy to see how this type of data may be relevant to claims of disability discrimination, workers’ compensation and even harassment, say Karla Grossenbacher and Selyn Hong of Seyfarth Shaw LLP.

  • NLRB Grad Student Decision Extends Beyond Unionization

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    Following the National Labor Relations Board's recent ruling allowing teaching and research assistants to unionize, university administrators should take note of the board's aggressive agenda toward employers. Many employment practices that have heretofore seemed common and acceptable are now not in the eyes of the NLRB, says Amy Strauss of Fisher Phillips.

  • The Yates Memo And Parallel Products Liability Litigation

    Geoffrey M. Drake

    There has been little discussion of the potential impact of the Yates Memo on parallel civil litigation — particularly product liability and other types of mass tort litigation — or of the reactionary measures that companies and their executives and other employees may be taking in response, says Geoffrey Drake of King & Spalding LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Courts Are Taking Materiality Seriously Post-Escobar

    Bradley D. Wine

    Three months after the U.S. Supreme Court's Escobar decision, we can see some trends emerging in False Claims Act decisions that may give contractors a ray of hope, say Bradley Wine and Daniel Chudd of Morrison & Foerster LLP.

  • Steps For Conducting A Successful Pay Equity Audit

     Liz S. Washko

    While laws prohibiting pay discrimination have been around for decades, recent legislative and regulatory changes have propelled pay equity into the spotlight. This renewed focus creates new challenges for compliance-minded employers that not only strive to achieve fair pay practices, but also seek to minimize the risk of pay equity claims, say Liz Washko and Lara de Leon of Ogletree Deakins Nash Smoak & Stewart PC.