Employment

  • August 31, 2015

    OIG Calls For Improvements To CFPB Hiring Practices

    The Federal Reserve’s inspector general has said that while the Consumer Financial Protection Bureau has made some changes to its recruitment and hiring processes, hiring controls weren’t always followed and more improvements can be made.

  • August 31, 2015

    Judge Kicks Whistleblower's FCA Suit Against Scan Health

    A California federal judge on Friday dismissed a whistleblower’s False Claims Act suit accusing Scan Health Plan of overcharging Medicare and Medi-Cal after finding the complaint mirrored that of a state audit report.

  • August 31, 2015

    Kohl's Can't Get Rid Of FCRA Suit, Ex-Employee Tells Court

    A former worker accusing Kohl's Department Stores of using ambiguous and misleading language to obtain credit reports in violation of the Fair Credit Reporting Act told a California federal judge Friday that the retailer’s bid to dismiss the proposed class action rests on a faulty interpretation of the law.

  • August 31, 2015

    BofA's $9M, $3.6M Deals OK'd Despite 'Vexatious' Objector

    Bank of America Corp. has won final approval of a $9 million settlement with part-time employees and a $3.6 million deal in another class action over pay stubs, despite the objections of a nonclass member who injected himself into both cases, prompting the bank to call him “vexatious.”

  • August 31, 2015

    Calif. Lawmakers OK Equal-Pay Bill After Gov. Says He'll Sign

    The California State Senate passed a measure Monday aimed at closing the wage gap so women are paid equally for work substantially similar to work done by men, the bill's author said, after the governor’s office promised he would sign it.

  • August 31, 2015

    5th Circ. Tough On NLRB In Murphy Oil Class Waiver Fight

    A National Labor Relations Board attorney faced a grilling at the Fifth Circuit on Monday as he defended a divided NLRB ruling that deemed Murphy Oil USA Inc. arbitration agreements barring workers from pursuing class actions unlawful and doubled down on the board's D.R. Horton decision.

  • August 31, 2015

    PNC Can't Escape Bankers' OT Class Action, 7th Circ. Says

    The Seventh Circuit on Monday upheld a district court judge’s decision to certify a class of bankers from 27 Illinois branches of PNC Bank National Association, holding there was a common question of whether managers instituted an unofficial policy prohibiting employees from claiming overtime.

  • August 31, 2015

    Univita Health Files For Ch. 7 One Month After WARN Suit

    Home health services provider Univita Health Inc. filed for Chapter 7 bankruptcy in Delaware late Friday, about a month after it abruptly terminated its Florida Medicaid contracts and was hit with a lawsuit on behalf of hundreds of employees who say they were laid off without notice.

  • August 31, 2015

    DOL Won't Extend Comments For Controversial OT Rule

    The U.S. Department of Labor told members of the House and Senate on Monday that it will not extend comments on the controversial overtime rule that the agency announced about two months ago, saying the 60-day comment period has been sufficient.

  • August 31, 2015

    Dollar General Tells High Court It Isn't Subject To Tribal Court

    Dollar General Corp. on Monday urged the U.S. Supreme Court to overturn the Fifth Circuit’s ruling that the company was subject to the jurisdiction of a tribal court in a sexual assault case brought by a former intern and member of the Choctaw Nation.

  • August 31, 2015

    Unions Get Bargaining Edge Via New Dues Checkoff Standard

    The National Labor Relations Board recently gave unions some extra firepower in negotiations when it nixed a 53-year-old standard and ruled that an employer’s obligation to deduct union dues from employee paychecks outlives a collective bargaining agreement, attorneys say.

  • August 31, 2015

    Anti-Abortion Org Beats ACA Birth Control Mandate

    A D.C. federal judge on Monday permanently barred the Obama administration from enforcing the Affordable Care Act’s contraception mandate against a secular employer opposed to abortion rights, apparently marking the first such ruling based on moral opposition instead of religious objections.

  • August 31, 2015

    NCAI Asks 6th Circ. To Revisit NLRB Role At Tribal Casinos

    The National Congress of American Indians on Friday sought to file an amicus brief with the Sixth Circuit calling for a rehearing en banc of a decision that faulted the Saginaw Chippewa Indian Tribe for suppressing union activities at its Michigan casino, arguing the ruling undermined the federal commitment to tribal sovereignty by impeding tribes’ abilities to support themselves.

  • August 31, 2015

    Sears Hit With OT Suit By Auto Technicians

    A proposed class of Sears Roebuck and Co. automotive technicians allege that the company doesn't pay overtime or allow employees to take meal breaks, among other labor violations, according to a complaint removed to California federal court on Friday.

  • August 31, 2015

    Soccer Star Says Team Can't Rely on 'Gossip' To Toss Suit

    Former soccer star Eric Cantona blasted the New York Cosmos LLC in New York federal court Monday for its dismissal bid's use of news articles saying he was arrested for punching a press photographer, arguing they amount to untrue “gossip” that can't absolve the team from firing him.

  • August 31, 2015

    Elevator Co. Gets New Try To Trim $8M Injury Award

    A New Jersey appeals court on Monday revived an elevator company's bid to slash an approximately $8 million jury award for a worker who blamed a service elevator accident for ailments including erectile dysfunction, stating that a fuller analysis was required on whether the award is excessive.

  • August 31, 2015

    Texas High Court Tackles Conflict On Damages Requirements

    The Texas Supreme Court will hear arguments Thursday on whether the assignee of a policyholder's claims against its insurers must show there was a "fully adversarial" trial in order to establish damages, in a case that offers the high court the opportunity to resolve tension between two of its previous rulings. Here, Law360 examines the issues in the case in advance of the hearing.

  • August 31, 2015

    NCAA Can't Stop Discovery In Sex Bias Suit, Athletes Say

    A putative class of college athletes told a New Jersey federal judge on Saturday that discovery should move forward in their case accusing the National Collegiate Athletic Association of discriminatory policies toward female athletes, despite the NCAA’s arguments that the amended complaint should be tossed.

  • August 31, 2015

    High Court Snubs Ky. Clerk Protesting Same-Sex Marriage

    The Kentucky county clerk refusing to issue all marriage licenses in protest of the nationwide legalization of same-sex marriage will have to start doing so, after the U.S. Supreme Court refused Monday to hear her request for a stay.

  • August 31, 2015

    NLRB Finds Boeing's Confidentiality Policy Is Illegal

    The National Labor Relations Board on Thursday affirmed a judge’s 2013 ruling that the Boeing Co.'s policy of asking employees involved in workplace investigations to keep them confidential runs afoul of federal labor law.

Expert Analysis

  • Employers May Rethink Settlement Agreements In 2nd Circ.

    Nicholas M. Reiter

    The Second Circuit's ruling in Cheeks v. Freeport Pancake House Inc. is a reminder of the willingness of federal courts to insert themselves into party settlement negotiations. Cheeks may make some employers think twice about entering into settlement agreements, particularly large employers, say Nicholas Reiter and Brian Turoff of Venable LLP.

  • When Courts Invoke Equitable Tolling In Noncompete Cases

    G. Mark Edgarton

    Two recent district court decisions in Kansas and Washington provide insight regarding the circumstances in which courts may extend the term of a restrictive covenant beyond the time period specified in an employment agreement, say Mark Edgarton and Sophie Wang of Choate Hall & Stewart LLP.

  • NLRB's New Joint-Employer Test Is Major Victory For Unions

    Daniel V. Johns

    The National Labor Relations Board's "refined" test determining joint-employer status is a major victory for unions at the bargaining table. Under the new standard, an employer could be deemed a joint employer by merely possessing the latent power to control any terms and conditions of employment, regardless of whether it ever exercises such power, say Daniel Johns and Rogers Stevens of Ballard Spahr LLP.

  • Deflategate, Reinsurance Disputes And Arbitrator Bias

    Jean Paul Jaillet

    Although NFL fans do not routinely contemplate issues of arbitrator bias, partiality arguments made by New England Patriots quarterback Tom Brady during ongoing litigation over his Deflategate suspension are similar to common arguments made during reinsurance arbitration disputes, says J.P. Jaillet at Choate Hall & Stewart LLP.

  • Hospital Chain Pays Heavily For Being Too Clever

    One substantive lesson from Doughramji v. Community Health Systems Inc. is that when a defendant in a False Claims Act qui tam case pays money for the release of a relator's claim, the relator will likely be entitled to reasonable attorneys' fees as a prevailing party unless the settlement agreement says otherwise — and says it unambiguously, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • Taking On LGBT Issues In The Texas Workplace

    Stephen J. Roppolo

    Same-sex marriage. Sexual orientation anti-discrimination ordinances. Transgender accommodations. Texas employers, already buffeted by changes in union organizing and wage-and-hour rules, should come to grips with the legislative and enforcement landscape over LGBT rights since the only constant in employment law is more change, says Stephen Roppolo of Fisher & Phillips LLP.

  • Mitigating FCA Whistleblower Risk When Employees Leave

    David Pivnick

    Effective exit interviews and questionnaires can be an important component in preventing and hindering future False Claims Act litigation. It is important to make departing employees feel comfortable revealing not only specific fraudulent activity, if identified, but also general disquiet about the company’s compliance culture, say members of McGuireWoods LLP, Duff & Phelps LLC and Axiom Law.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • Paid Sick Leave For Contractors Is Par For The Course

    Joshua F. Alloy

    President Obama's expected executive order on paid sick leave for workers employed by federal contractors and subcontractors is the latest in a series of employment-related executive orders intended to improve wages, benefits and terms and conditions of employment for employees of government contractors, says Joshua Alloy of Arnold & Porter LLP.

  • 1st Of Its Kind FCA Settlement May Not Be Last

    Andrew J. Finan

    The U.S. Department of Justice is claiming the settlement agreement with Pediatric Services of America Inc. is a “first of its kind” settlement because it is the first involving a health care provider’s failure to investigate, report and repay overpayments received from federal health care programs under Section 6402 of the Affordable Care Act. While the agreement may be the first of its kind, it likely won't be the last, says Andr... (continued)