Employment

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Florida Nursing Homes Must Face $300M FCA Suit

    The operators of 53 skilled nursing facilities in Florida were denied sought-after pretrial victories over a whistleblower’s $300 million suit accusing them of overbilling Medicare and Medicaid, as a federal judge on Thursday found that they fell short of showing the record presents no genuine issue of material fact.

  • December 1, 2016

    'Ban The Box' Job Application Law OK'd By LA City Council

    The Los Angeles City Council Wednesday approved a law prohibiting some employers from asking job seekers to disclose any criminal history on their initial application, with the ordinance’s author calling the city’s version of “Ban the Box” one of the most progressive in the nation.

  • December 1, 2016

    Rite Aid Can't Demand Union Remove Staff, Judge Says

    A National Labor Relations Board judge ruled Wednesday that Rite Aid unlawfully insisted that a union agree to remove certain New York employees from a bargaining unit in order to reach a contract, saying a deal can't hinge on a condition that's not a mandatory subject of bargaining under labor law.

  • December 1, 2016

    Ex-LA Times Reporter Must Testify At Lee Baca’s Trial

    A California federal judge Thursday rejected a former Los Angeles Times reporter’s bid to avoid testifying at former L.A. Sheriff Lee Baca's corruption trial, saying that while the First Amendment concerns of the press were “well-established,” the testimony wouldn’t involve confidential sources or off-the-record conversations.

  • December 1, 2016

    Murphy Oil Dooms Nursing Center's Arbitration Rules

    A Los Angeles-area skilled nursing facility violated the National Labor Relations Act through an arbitration policy where employees waive their right to class or collection action, a National Labor Relations Board judge ruled Wednesday, citing the Board’s Murphy Oil ruling.

  • December 1, 2016

    Concrete Co. Beats Meal Break Suit At Calif. Appeals Court

    A California appeals court on Wednesday affirmed a lower court ruling that a concrete mixing company did not illegally deprive a class of workers of meal breaks, ruling the workers were free to take time to eat but most chose not to.

  • December 1, 2016

    Arbitration Not Barred By FLSA, 6th Circ. Hears

    Outsourcing and consulting firm Kelly Services Inc. urged the Sixth Circuit to rule that it could arbitrate an employee's claims that he wasn't properly paid overtime, saying a lower court incorrectly determined that the right to pursue collective actions under the Fair Labor Standards Act can’t be waived.

  • December 1, 2016

    EEOC Waived Right To Docs In Sex Bias Case, Sterling Says

    Sterling Jewelers Inc. on Wednesday urged a New York federal judge not to allow the U.S. Equal Employment Opportunity Commission to access documents supposedly related to a sex bias lawsuit, arguing that the information in question is privileged and that the agency previously waived its right to them.

  • December 1, 2016

    Lyft Nears OK On $27M Wage Deal Amid Driver Objections

    A California federal judge indicated Thursday that he’ll likely approve a $27 million settlement resolving allegations the ride-hailing company Lyft shorted Golden State drivers on tips and expenses by misclassifying them as independent contractors, saying objections to the deal aren’t fatal.

  • December 1, 2016

    Pa. Bar Must Rehire Worker It Accused Of Racism

    The National Labor Relations Board ordered a Pennsylvania bar to rehire a bartender it claims was fired for making racist statements about a customer to a coworker, ruling it really fired her over her protected complaints to management about new workers getting desirable shifts over veterans.

  • December 1, 2016

    DOL Botched Coal Miner Black Lung Ruling, 6th Circ. Says

    The Sixth Circuit on Thursday reversed a U.S. Department of Labor ruling that a coal miner was automatically entitled to black lung benefits, saying there was no evidence that the miner worked long enough to be eligible for the automatic disability presumption under the Black Lung Benefits Act.

  • December 1, 2016

    Engineer In Metro-North Derailment Sues For Negligence

    The engineer who reportedly fell asleep while operating a Metro-North commuter train that derailed in the Bronx, New York, in December 2013, killing four people, sued the railroad for negligence in Manhattan federal court Thursday, seeking $10 million and claiming the railroad’s shoddy systems caused the accident.

  • December 1, 2016

    Illinois Lawmakers Defy Governor's Rule On Caretaker OT

    Democrats in the Illinois legislature have pushed through a law mandating that home health care workers employed by the state earn overtime pay for work in excess of 40 hours a week, defying a rule put in place earlier this year by Gov. Bruce Rauner.

  • December 1, 2016

    MLB Reaches Labor Deal Just Hours Before Deadline

    Major League Baseball and its players’ union reached a tentative labor agreement on Wednesday night, just hours before the prior collective bargaining agreement was set to expire at midnight.

  • December 1, 2016

    SocGen Defends Arbitral Win In Anti-American Job Bias Row

    Societe Generale SA asked a New York federal court Thursday to confirm an arbitral tribunal’s decision against a former energy derivatives executive alleging he was denied a post-merger promotion because of anti-American bias, accusing his lawyers of dealing in hot rhetoric instead of facts.

  • December 1, 2016

    H-1B Worker's Suit Against Law Firms Tossed

    A Pennsylvania federal judge on Wednesday tossed a suit brought by an H-1B worker against two law firms, adopting the recommendations of a magistrate judge who found that the suit was barred by the doctrine of res judicata and a release agreement.

  • December 1, 2016

    Biz Groups Seek $500K In Fees For Persuader Rule Challenge

    A handful of business groups that led a successful challenge of the U.S. Department of Labor’s so-called persuader rule, which expanded employers’ disclosure requirements related to union-organizing campaigns, asked a Texas federal court Wednesday to award them nearly $500,000 in attorneys’ fees.

  • December 1, 2016

    South Jersey Dodged Pa. Income Tax Bullet, Leaders Say

    Southern New Jersey business leaders on Thursday said they dodged a bullet with the resurrection of the state’s income tax reciprocity agreement with Pennsylvania, with Campbell’s Soup Co. alone saying  40 percent of its 1,200 Garden State employees would have been slammed by the pact's termination.

  • December 1, 2016

    Oil Co. Wants To Nix 2nd FLSA Collective Action Cert. Bid

    Stuart Petroleum Testers Inc. told a Texas federal judge on Wednesday to deny a second bid to certify a collective action alleging the oil company failed to pay overtime under the Fair Labor Standards Act, saying the worker who filed suit has failed to offer evidence of similarly situated individuals or that others want to join the suit.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2016

    Steven J. Pearlman

    This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.

  • What Is 'Public Interest' Under California Anti-SLAPP Law?

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    Under California’s anti-SLAPP statute, a court may strike causes of action arising from defendants’ exercise of free speech rights concerning matters of "public interest." But because the statute does not define "public interest," California courts have construed it in varying ways. The California Supreme Court may soon provide guidance, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.

  • The Rise Of 'Wrongful Hiring' Claims

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    Employment practices liability insurance policies often cover wrongful termination claims, but they are much less likely to provide coverage for "wrongful hiring" claims, when companies provide employment favors to families with powerful connections, says Evan Bundschuh of Gabriel Bundschuh & Associates Inc.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • EEOC's New 4-Year Plan: What Employers Need To Know

    Michelle Lee Flores

    In its updated strategic enforcement plan for fiscal years 2017 to 2021, the U.S. Equal Employment Opportunity Commission added some new priorities, including issues related to complex employment structures in the 21st-century workplace, and backlash discrimination against Muslims, Sikhs and persons of Arab, Middle Eastern or South Asian descent, says Michelle Lee Flores of Cozen O’Connor PC.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • The Carrot-And-Stick Approach To Incentive Compensation

    Kevin LaCroix

    A recurrent governance proposal to remedy corporate excesses has been the idea of clawing back the compensation paid to company officials who presided over corporate scandals, such as the one at Wells Fargo. But the assessment that clawback provisions actually counterbalance the distorted incentives of an “extreme” incentive compensation plan depends on a psychological assessment that may or may not be valid, says Kevin LaCroix of RT ProExec.

  • Conflicting Agency Guidance On Confidentiality Policies

    Celina Joachim

    In recent months, agencies not traditionally involved in the labor and employment realm have issued guidance impacting future iterations of employee handbook and code of conduct policies. Along with the guidance comes substantially higher consequences for failure to comply, including potential criminal prosecution, say Celina Joachim and Ryan Vann of Baker & McKenzie LLP.

  • SOX Win Shows Strong Need For Whistleblower Protections

    Jason Zuckerman

    In Becker v. Community Health Systems Inc., the U.S. Department of Labor recently awarded $1.9 million in damages to a Sarbanes-Oxley whistleblower in a decision that clarifies several key aspects of SOX whistleblower protection and underscores the importance of providing strong protection to corporate whistleblowers, say Jason Zuckerman and Dylan Yépez of Zuckerman Law.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.