Employment RSS

  • April 17, 2014

    Carlton Fields Opens LA Office, Adds 2 Ex-Steptoe Attys

    Carlton Fields Jorden Burt said Wednesday it had opened a Los Angeles office and hired two Steptoe & Johnson LLP attorneys, a former Steptoe office managing partner and expert in securities, antitrust, real estate and entertainment litigation as leader of the L.A. office and an employment, bankruptcy and intellectual property pro as a shareholder.

  • April 17, 2014

    Fla. Justices Say Civil Rights Law Covers Pregnancy Bias

    The Florida Supreme Court ruled Thursday that the sex bias prohibition in the state's civil right law extends to pregnancy discrimination and ordered a trial court to reinstate claims brought by a former employee of property management company The Continental Group Inc.

  • April 17, 2014

    NHL Aims To Skate Concussion Row To Arbitration

    The National Hockey League will attempt to force arbitration on former players suing over concussions sustained during their careers, an attorney for the league told a Washington, D.C., federal judge on Thursday, saying the players were bound by a collective bargaining agreement.

  • April 17, 2014

    NLRB Says Anti-Union VW Workers Can Join Election Hearing

    The National Labor Relations Board ruled on Wednesday that Volkswagen AG employees who oppose unionization at the company’s Chattanooga, Tenn., plant can participate in a hearing over whether a new representation vote should be held, just as Democratic lawmakers announced an investigation into whether state officials unduly influenced the employees’ decision not to unionize.

  • April 17, 2014

    Northwestern Argues Football Union Flouts NLRB Precedent

    A controversial decision that gave Northwestern University football players a green light to unionize wrongly refused to apply National Labor Relations Board precedent, the school insisted Thursday, firing back after the union looking to represent the players blasted Northwestern's bid to overturn that ruling.

  • April 17, 2014

    Judge Rules Tyco SOX Whistleblower Suit May Move Forward

    A Pennsylvania federal judge on Tuesday denied a bid by Tyco Electronics Corp. to escape a whistleblower suit by a longtime former accountant, saying his allegations that he was fired for reporting improper expenditures were legitimate enough to move forward.

  • April 17, 2014

    Tougher Dukes Test Can't Stop Chinese Daily News Class Cert.

    A California federal judge on Tuesday reinstated a class of workers pursuing wage-and-hour claims against a Chinese-language newspaper, finding that the class allegations satisfied the commonality and predominance hurdles for certification even under the higher standard set by the U.S. Supreme Court's Wal-Mart Stores Inc. v. Dukes opinion.

  • April 16, 2014

    High Court Urged To Nix Suit Over Worker's Facebook Posts

    Mercy Health System of Kansas Inc. urged the U.S. Supreme Court on Wednesday not to take up a petition from a former employee asking the court to rule on whether Facebook posts and other communications to nonemployers are protected by law, arguing that the suit is an inappropriate vehicle for the question.

  • April 16, 2014

    Waste Connections Wins Initial Nod On Class OT Deal

    A California federal judge on Tuesday granted preliminary approval to a Waste Connections Inc. settlement with a putative class of more than 1,200 current and former workers who alleged the solid waste services company violated state labor laws by failing to provide meal breaks and pay overtime and minimum wages.

  • April 16, 2014

    Move Can't Block Exec. From New Job At Rival Zillow

    A Washington state judge on Monday rejected online real estate company Move Inc.’s argument that its former chief strategy officer, Errol Samuelson, will inevitably reveal trade secrets to his new employer, rival Zillow Inc., denying the company's bid to block the executive from employment at Zillow.

  • April 16, 2014

    30,000 Costco Workers Decertified In Lockdown OT Suit

    A California federal judge on Tuesday decertified a class of approximately 30,000 Costco Wholesale Corp. employees who claim the company locked them inside its warehouses at the end of their shifts and didn't pay them overtime, citing lack of predominance.

  • April 16, 2014

    NYC Deputy Mayor Sued For Age Discrimination At Nonprofit

    A New York City deputy mayor who previously served as CEO of the nonprofit organization Children's Aid Society was hit with a lawsuit on Tuesday in Manhattan federal court by a former CAS vice president who claims she was terminated because of her age.

  • April 16, 2014

    Deutsche, UBS Overcome $166M UK Tax Scheme Suit

    Deutsche Bank and UBS scored a $166 million victory on Wednesday in a United Kingdom court battle over an alleged scheme to avoid paying taxes on employee bonuses.

  • April 16, 2014

    9th Circ. Hands State Farm Win In D&O Fight Over Firing

    The Ninth Circuit ruled on Tuesday that State Farm General Insurance Co. Inc. did not have a duty to provide directors and officers coverage to a condominium homeowners association against a lawsuit claiming that its firing of a security guard was based on military service discrimination.

  • April 16, 2014

    CSC Pays $1.1M In FCA Fight Over Fake Employee Resumes

    Virginia-based defense contractor Computer Sciences Corp. will pay $1.1 million to resolve False Claims Act allegations that it wrongly billed taxpayers for pricey labor after submitting fraudulent resumes for employees, the U.S. Department of Justice said Tuesday.

  • April 16, 2014

    Ex-Gore Engineer Arrested Over Trade Secret Theft

    A former W.L. Gore & Associates Inc. engineer facing accusations that he stole trade secrets from the high-tech fabric company was ordered to home confinement on Monday following his arrest while allegedly attempting to flee the country, according to documents filed in Delaware district court.

  • April 16, 2014

    DOJ Wary Of Offering Bounties To Antitrust Whistleblowers

    Implementing a bounty program for employees blowing the whistle on criminal antitrust behavior could lead to weaker witnesses at cartel trials and to a flood of false leads, a top U.S. Department of Justice official said Wednesday.

  • April 16, 2014

    Huge NY Wage Hike Bill Would Touch Off Litigation Bonanza

    A bill to nearly double the hourly minimum wage large New York businesses pay to $15 would keep New York lawyers busy for years by setting the plaintiffs bar on the hunt for misclassifications and other missteps and spurring employers to argue the law doesn't apply to them, experts said Wednesday.

  • April 16, 2014

    TD Bank, Class Get Approval Of $6M Deal Over FLSA Suit

    A Pennsylvania federal judge on Monday gave his first green light to a $6 million deal to settle a class action against TD Bank NA alleging that the bank stiffed its employees payments for duties they had performed prior to the start of their shifts in violation of the Fair Labor Standards Act.

  • April 16, 2014

    5th Circ. Won't Rehear Ruling On DR Horton Class Waiver Ban

    The Fifth Circuit on Wednesday shot down a rehearing request from the National Labor Relation Board in its suit with homebuilder D.R. Horton Inc., preserving the court’s finding that arbitration agreements barring employees from pursuing class or collective claims do not violate federal labor law.

Expert Analysis

  • Employers: Take Care In Crafting Confidentiality Clauses

    Christopher V. Bacon

    Employers are often surprised to learn that policies explicitly prohibiting employees from discussing salaries are in violation of Section 7 of the National Labor Relations Act, as was recently affirmed in Flex Frac Logistics LLC v. NLRB. However, employers are still entitled to take precautions in order to protect their confidential proprietary information and trade secrets from disclosure by their employees, say Christopher Bacon and Ashlee Grant of Vinson & Elkins LLP.

  • Calif.'s Prevailing Wage Law Will Punish The Noncompliant

    Jeremy C. Wooden

    California’s prevailing wage law may not be the oldest in the country, but it may be the most complex, evolving and litigated. The penalties for contractors and subcontractors who fail to comply with California's law have grown costlier — noncompliance risks up to a three-year ban on the bidding of public works projects in the state, says Jeremy Wooden of Foley & Lardner LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Ill. High Court Holds The Line On Employee Classification

    Michael G. Congiu

    The Illinois Supreme Court recently rejected a constitutional challenge to the Illinois Employee Classification Act from a roofing contractor on the grounds that the law violates procedural due process rights and is impermissibly vague. The court's move confirms the ECA's continued vitality, but it does not resolve other issues sure to arise in future litigation, including whether an employee is "performing services" under the law, say Michael Congiu and Amy Rettberg of Littler Mendelson PC.

  • Reading Between The Whistleblower Headlines

    Shanti Atkins

    The meteoric media rise of the “celebrity” whistleblower has shone a spotlight on the practice, with personalities such as Chelsea Manning and Edward Snowden dividing public opinion on the ethics of spilling secrets. But organizations should pay close attention to the surge in this trend beyond the headlines. Remember, whistleblowers don’t need to be popular to be effective, and opinions on their motives and morality are entirely secondary to the critical issues they potentially uncover, says Shanti Atkins of Navex Global.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Lawful Firings In NY May Hinge On 'Interactive Process'

    Courtney Stieber

    William Jacobsen v. New York City Health and Hospitals Corp. makes clear that, in order to escape trial and prevail on summary judgment, an employer generally must present evidence that it engaged in the "interactive process" regarding employee-requested accommodations. The decision solidifies a line of recent appellate decisions on an employer’s obligations toward disabled employees, say Robert Whitman and Courtney Stieber of Seyfarth Shaw LLP.

  • DC Court Applies Common-Sense Limits To Davis-Bacon Act

    Eric Leonard

    A D.C. federal court recently rejected the U.S. Department of Labor's novel application of the Davis-Bacon Act to a privately funded construction project. The ruling sets an important limitation as government agencies become increasingly creative in putting surplus real estate to use and private companies similarly look for more creative infill development opportunities, say Eric Leonard and Craig Smith of Wiley Rein LLP

  • Will Dodd-Frank’s Diversity Mandates Go Far Enough?

    Doreen E. Lilienfeld

    Section 342 of the Dodd-Frank Act and recent diversity standards proposed by regulated agencies may impact employment and recruiting practices, but it is unclear whether they will actually lead to greater diversity and inclusion at financial services institutions. To begin with, there is no enforcement mechanism under Section 342, and the proposed standards do not mandate reporting, disclosure or other specific actions, say Doreen Lilienfeld and Amy Gitlitz Bennett of Shearman & Sterling LLP.

  • Recent Trend To Expand ERISA Liability Grows

    Neal S. Schelberg

    In a distinct trend, federal courts have found that, depending on the text of the underlying plan documents, unpaid employer contributions due under a collective bargaining agreement may be viewed as plan assets, such that the representatives of an employer who exercise fiduciary control over those plan assets can be held individually liable for the unpaid amounts — together with interest and penalties — under the Employee Retirement Income Security Act, say Neal Schelberg and Aaron Feuer of Proskauer Rose LLP.