Employment

  • April 27, 2015

    Health Groups Clash Over Jury Trials For Whistleblowers

    Two California health care associations have given conflicting arguments to the state’s high court as it weighs a lower court’s ruling regarding a whistleblower’s right to a jury trial, with one side arguing it discourages peer review and the other that it protects doctors.

  • April 27, 2015

    NY Senate Delays Action On Local Minimum Wage Increases

    The New York State Senate's labor committee on Monday punted to the finance committee a bill that would allow cities to set their own minimum wages, potentially delaying a vote on the legislation that would abolish state control over the wage.

  • April 27, 2015

    Highland Claims Ex-Sales Director Stole Client Data

    A Dallas judge on Friday issued a temporary restraining order barring a former regional sales director for an affiliate of Highland Capital Management LP from using confidential client information the hedge fund’s underwriter claims she misappropriated.

  • April 27, 2015

    DreamWorks To Face Some No-Hire Pact Claims In Arbitration

    An animator must arbitrate his putative class claims alleging his former employer DreamWorks Animation SKG Inc. depressed his pay with an anti-solicitation scheme while he worked there, but he can pursue in federal court other claims against it and other studios including Sony Pictures Imageworks Inc., a California federal judge ruled Friday.

  • April 27, 2015

    Ex-Fox VP Says He Was Fired For Being Gay, Native American

    A former Twentieth Century Fox Inc. vice president has hit the film studio with a lawsuit in California court alleging yearslong discrimination for being a gay Native American over 40 years old, discrimination he said ultimately culminated in his firing without cause.

  • April 27, 2015

    Wis. Calls Right-To-Work Law's Harm To Unions Hypothetical

    Wisconsin's Department of Justice moved Friday to quash a union challenge to the state's right-to-work law barring mandatory dues contributions by nonunion members, arguing it lacks standing because the law has yet to affect any actual contract and does not amount to an unconstitutional taking of private property.

  • April 27, 2015

    Hotel Says EEOC Lacks Self-Awareness In Mexicans' Bias Suit

    A Nevada hotel and gaming hall accused of discriminating against Mexican employees panned the U.S. Equal Employment Opportunity Commission’s recent bid to strike its dismissal motion, saying the filing displayed a complete lack of self-awareness.

  • April 27, 2015

    Humana Can't Shake FCA Suit Over Medicare Advantage Bills

    A Florida federal judge on Monday affirmed a magistrate judge’s recommendation to let a False Claims Act whistleblower's suit proceed, even though the allegations that Humana Inc. defrauded Medicare Advantage by exaggerating patient illnesses lacked specific examples of bogus billing.

  • April 27, 2015

    Insurers Can't Sue Alone For Workers' Comp.: Pa. High Court

    The Pennsylvania Supreme Court upheld a lower court ruling on Monday that Liberty Mutual Insurance Co. can’t pursue independent claims to recover workers' compensation costs it paid to an injured trucker who did not pursue legal action on his own.

  • April 27, 2015

    US Airways Pilots Settle Lump-Sum Pension Fight For $5.25M

    A D.C. federal judge on Friday approved a $5.25 million settlement between a group of former US Airways Group Inc. pilots and the airline’s pension plan trustee over accusations it takes too long to hand out lump-sum benefits, six months after the judge revealed that a deal was in the works.

  • April 27, 2015

    No Talk Of Gay Bias As Anapol Schwartz Trial Begins

    Jurors tasked with evaluating a former Anapol Schwartz attorney’s claims that firm was at fault for derailing his move to another employer heard nothing about his sexual orientation nor about background allegations of a persistent anti-gay culture as a trial began Monday in state court in Philadelphia.

  • April 27, 2015

    NCAA Can't Delay Attys' Fees Fight In Antitrust Row

    A federal magistrate judge on Friday refused to hold off on deciding how much the National Collegiate Athletic Association owes in fees to attorneys for student-athletes who accused them of antitrust violations until after the Ninth Circuit rules on the case.

  • April 27, 2015

    The Rising Stars Of Employment Law

    These young lawyers are powerhouses of employment law, and each earned a spot on Law360's list of top attorneys under 40.

  • April 27, 2015

    Ex-Sherman & Howard Atty Must Arbitrate Sex Bias Claims

    Denver-based law firm Sherman & Howard LLC won its bid Friday to force an attorney to arbitrate her sexual discrimination and harassment allegations against it after a Colorado federal judge ruled that an arbitration provision in her employment agreement is enforceable.

  • April 27, 2015

    Deutsche Bank, Ex-Worker Spar In 'Mommy Track' Bias Case

    A former Deutsche Bank AG employee accusing the company of sex discrimination told a New York federal judge Friday to reject the bank's bid to nix her case before trial, while Deutsche separately urged the court not to award her judgment on her claim that she was fired in retaliation for filing suit.

  • April 27, 2015

    High Court Wants Calif. AG To Weigh In On Union Fee Fight

    The U.S. Supreme Court asked for input Monday from California's attorney general in a case where a group of teachers wants the high court to revisit and overturn its 1977 Abood ruling, which gave states a green light to require public workers to pay union fees.   

  • April 27, 2015

    Atty Claims Firm Paid Her Less Than Male Co-Workers

    An attorney who worked at an embattled firm that once drew attention for securing nearly $1 billion in settlements for World Trade Center first responders filed a sex-bias suit Friday in New York state court, claiming she was paid less than male co-workers and repeatedly passed over for partnership.

  • April 27, 2015

    Red Robin Franchisee Must Face Pa. Tip Pool Class Action

    A Pennsylvania state judge ruled Friday that a Red Robin restaurant franchisee must face a class action alleging it improperly included kitchen workers in servers’ tip pools, clarifying that customer interaction is relevant to determining the threshold for which employees can participate in tip pools.

  • April 27, 2015

    Huntington Ingalls Unit Pays Up To End Sex Bias Suit

    A subsidiary of Huntington Ingalls Industries Inc. signed a pact with the Equal Employment Opportunity Commission Monday to end a suit accusing the nuclear power plant builder of firing a female employee after she complained of gender discrimination.

  • April 27, 2015

    High Court Squashes UT's $11M FICA Tax Refund Fight

    The U.S. Supreme Court on Monday turned back the University of Texas’ bid for an $11 million refund of Federal Insurance Contributions Act taxes the government assessed against its medical residents, leaving standing a Fifth Circuit decision that denied the refunds.

Expert Analysis

  • Mass. Domestic Worker Bill Raises Roof On Protections

    John P. McLafferty

    The Massachusetts Domestic Workers' Bill of Rights went into effect on April 1, 2015, significantly changing the dynamic between employers and their domestic employees. Practitioners should be aware of a number of key provisions, says John McLafferty of Day Pitney LLP.

  • A Strategy For Nixing FLSA Collective Actions After Filing

    nglasser

    Arbitration agreements that include waivers of class and collective actions can be an effective tool to avoid collective actions under the Fair Labor Standards Act or under similar state wage laws, but what can be done if a collective action has already been filed? A recent Eighth Circuit decision in Conners v. Gusano’s Chicago Style Pizzeria suggests an answer, says Nathaniel Glasser of Epstein Becker & Green PC.

  • 5 Issues Financial Services Industry Employers Must Face

    John F. Fullerton III

    Employers in the financial services industry face a growing number of employment law challenges, among them being whistleblower complaints on the heels of more aggressive action from regulatory agencies, a more unpredictable arbitration process courtesy of FINRA, and labyrinth-like immigration hurdles, say attorneys at Epstein Becker & Green PC.

  • NLRB's Specialty Healthcare Test Comes To Acute Care

    Barry A. Guryan

    The National Labor Relations Board's refusal to order an election in a wall-to-wall unit at Rush University Medical Center seems inconsistent with its long-held view that acute care hospitals are entitled to a special protected status, says Barry Guryan of Epstein Becker & Green PC.

  • 6th Circ. Is Making Sure Misclassification Goes To Trial

    Matthew S. Disbrow

    The Sixth Circuit's decision in Keller v. Miri Microsystems LLC illustrates the dangers of classifying individuals as independent contractors when engaging in business or structuring an organization. Keller makes clear it is becoming increasingly difficult to quickly dispose of misclassification challenges — more cases will likely go to trial, says Matthew Disbrow of Honigman Miller Schwartz and Cohn LLP.

  • NY Financial Compliance Landscape May Get Treacherous

    Michael H. Huneke

    The Dodd-Frank Act whistleblower program has garnered much attention, but a less-noticed New York financial fraud whistleblower proposal could likewise have a significant impact, because New York regulators and enforcement agencies have been very active in bringing some of the largest investigations and enforcement actions in the financial sector, say John Wood and Michael Huneke of Hughes Hubbard & Reed LLP.

  • Class And Collective Actions In A Post-Dukes World

    Geoffrey C. Westbrook

    Citibank NA v. Ruiz represents a growing movement among federal courts after the U.S. Supreme Court's ruling in Wal-Mart Stores Inc. v. Dukes seeking to bridge the analytical differences between class and collective actions. One result of this trend is a greater uniformity in wage-and-hour decisions based on parallel theories, says Geoffrey Westbrook of Seyfarth Shaw LLP.

  • 9th Circ. Has Ensured Fewer Post-Employment Restrictions

    Katelyn Keegan

    The Ninth Circuit's opinion in Golden v. California Emergency Physicians Medical Group limits the scope of permissible restrictive covenants employers can include in employment contracts and settlement agreements and could void current agreements containing restrictive provisions beyond traditional noncompete clauses, says Katelyn Keegan of Schiff Hardin LLP.

  • 2 Options To Consider When Calculating Overtime

    Christopher B. Lunny

    Employers should consider two methods of calculating overtime for employees who work flexible hours on a regular basis: the fluctuating workweek method and Belo contract. For employers, these methods generally provide lower overtime payroll costs compared to the traditional overtime model, say Benjamin Shippen of Economist Inc. and Christopher Lunny of Radey Law Firm.

  • Protecting Social Media Assets: Lessons From CDM Media

    Jason Hirsh

    An Illinois federal court's recent decision in CDM Media USA Inc. v. Robert Simms provides much-needed guidance for businesses that utilize private social media groups as a means of staying in touch with customers and serves as an excellent backdrop to consider the steps that may have been taken to better protect the employer’s social media assets, says Jason Hirsh of Levenfeld Pearlstein LLC.