Employment

  • May 24, 2016

    White House Asks High Court To Nix Jevic Ch. 11 Decision

    The Obama administration urged the U.S. Supreme Court Monday to overturn a controversial decision that allowed a trucking company and its senior creditors to use a structured dismissal of a Chapter 11 case to avoid paying legal claims arising from employee layoffs, saying such maneuvering upends the bankruptcy payment structure.

  • May 24, 2016

    Kmart Cuts $3.8M Deal With Asst. Managers In Class OT Row

    Kmart Corp. agreed to pay $3.8 million to end a pair of proposed class and collective actions brought by assistant store managers who accused the company of misclassifying them as exempt from overtime pay, according to a proposed deal Tuesday.

  • May 24, 2016

    Brady Narrows Deflategate Focus For Fourth-Quarter Effort

    New England Patriots quarterback Tom Brady and the NFL players union are shifting the focus of their arguments in the Deflategate case to an issue that could have an impact on labor arbitration across the country, but experts are still skeptical it will be enough to keep the long-shot case alive.

  • May 24, 2016

    Jury Rejects Egyptian-American FBI Agent's Bias Claim

    A D.C. federal jury on Tuesday denied an FBI agent's claim that the agency discriminated against him after the 9/11 terrorist attacks because of his Egyptian-American heritage by transferring him to a job for which he was dramatically overqualified.

  • May 24, 2016

    EEOC Can Split Age Bias Suit Against Darden Restaurants

    A Florida federal judge has granted the U.S. Equal Employment Opportunity Commission’s request to split an age discrimination lawsuit against Darden Restaurants Inc. into two different phases, the first of which would determine whether the company maintains a policy of discriminating against older workers.

  • May 24, 2016

    Insurers Blast NFL's Bid To Halt Concussion Coverage Battle

    A group of insurance carriers urged a New York state judge Tuesday to reject the National Football League's bid to put a sprawling fight over coverage for former players' head injuries on hold, arguing that the league is trying to prevent the insurers from developing defenses to potentially hundreds of millions of dollars in claims.

  • May 24, 2016

    Pfizer Beats FCA Suit Over Geodon Marketing

    A Massachusetts federal judge handed Pfizer a sweeping victory Monday by tossing all the remaining False Claims Act allegations in a suit over the marketing of antipsychotic Geodon.

  • May 24, 2016

    Spokeo Backs Alcatel Pension Suit, Unions Say

    Two unions and several former Alcatel-Lucent employees blasted claims that the U.S. Supreme Court’s Spokeo decision supports axing litigation challenging the company’s decision to transfer money between pension plans, telling a New Jersey federal court Monday that the ruling actually supports their stance.

  • May 24, 2016

    11th Circ. Upholds Post-Retirement Commissions As Taxable

    The Eleventh Circuit on Tuesday agreed with the U.S. Tax Court that performance-based payments made to a former Mary Kay sales director following her retirement are subject to self-employment tax.

  • May 24, 2016

    $58B Transpo, Housing Funding Bill Advances In House

    The House Appropriations Committee approved a $58.2 billion transportation and housing funding bill Tuesday, including controversial and closely watched provisions clarifying regulations for truckers’ hours of service and meal and rest breaks, sending the measure to the full House floor.

  • May 24, 2016

    Wal-Mart Can't Topple NJ Worker's Win In Firing Row

    The Third Circuit on Tuesday rejected Wal-Mart's bid to overturn a nearly $500,000 award to a former employee who claimed he was fired for taking sick leave, ruling that there was evidence, including emails and termination paperwork, that he lost his job because of his medical condition.

  • May 24, 2016

    Uber Arbitration Agreements Invalid, Drivers Tell 9th Circ.

    A proposed class of California Uber drivers told the Ninth Circuit on Monday that a lower court judge properly axed the ride-hailing company’s arbitration agreements with drivers, saying the judge was “well within” his discretion to determine the contracts were unenforceable.

  • May 24, 2016

    Farmers Adjusters Defend State Wage Claims

    A proposed class of auto claims adjusters alleging Farmers Group Inc. stiffed them on time preparing for field inspections fired back Monday at the insurer's contention that claims under the laws of five states did not hold up.

  • May 24, 2016

    Physics, Engineering Profs Ask To File Amicus In Deflategate

    A group of physics and engineering professors asked the Second Circuit on Tuesday to let them file an amicus brief in New England Patriots quarterback Tom Brady’s appeal of a decision upholding his four-game suspension over the Deflategate scandal, saying it’s in the interest of science.

  • May 24, 2016

    9th Circ. Says No Arbitration For Ex-Anheuser-Busch Worker

    The Ninth Circuit on Monday revived a former Anheuser-Busch driver’s suit alleging he was wrongfully fired due to his disability, finding a California district court erred in sending the dispute to arbitration based on a collective bargaining agreement.

  • May 24, 2016

    AutoZone Can’t Query Other Firms In Disability Bias Row

    An Illinois federal judge Tuesday denied AutoZone's request to subpoena the employment records of former workers but ordered the U.S. Equal Employment Opportunity Commission to turn over additional documentation that supports the disability claims of three workers who argue the retailer’s discriminatory absence policy got them fired.

  • May 24, 2016

    NY AG Hits Domino’s, Franchisees With Wage Violation Suit

    New York Attorney General Eric Schneiderman accused Domino’s Pizza Inc. and three New York-based franchisees of numerous wage violations against delivery drivers Tuesday, saying the company and its franchisees systematically underpaid its employees.

  • May 24, 2016

    Littler Adds Employment Shareholders In NY, Philadelphia

    Littler Mendelson PC has added two employment attorneys as shareholders in its New York and Philadelphia offices, the firm has announced.

  • May 24, 2016

    Ex-Vanguard Atty Can't Argue Wrongful Termination Again

    A Pennsylvania federal judge nixed a suit by former Vanguard Group Inc. tax attorney David Danon, finding Monday he could not relitigate whether his termination came in retaliation for outspoken warnings about the mutual fund giant’s purported tax fraud.

  • May 24, 2016

    NY Strip Club Bouncers Get Cert. In OT Collective Action

    A New York federal judge certified a collective action Monday by four bouncers who claim their bosses at three Manhattan gentlemen’s clubs routinely failed to pay them overtime in violation of the Fair Labor Standards Act, saying the bouncers easily meet the low bar for notifying potential members of the suit.

Expert Analysis

  • Litigating Trade Secret Misappropriation At The ITC

    Warren S. Heit

    The U.S. International Trade Commission is fast becoming one of the preferred venues to hear trade secret misappropriation actions and is all the more relevant in light of the Defend Trade Secrets Act, say Warren Heit and James Gagen of White & Case LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • The Evolution Of SOX: A Powerful Remedy For Retaliation

    Jason Zuckerman

    The Fourth Circuit's decision in Deltek Inc. v. U.S. Department of Labor is notable for its contribution to the Sarbanes-Oxley Act's expansion into a strong antidote against retaliation. Deltek and other recent SOX decisions indicate that SOX is a potent solution and that retaliation against a whistleblower can be quite expensive for a company, says Jason Zuckerman, principal at Zuckerman Law.

  • Trump’s Immigration Position Paper: A Nuanced Examination

    Noah Klug

    Donald Trump’s assertion that he will increase the prevailing wage for H-1B workers does not make sense. If he wants to raise prevailing wages to discourage employment of H-1B workers, he would have to work very closely with Congress to modify the methodology and data used for the calculations, and even then, he would be on unsteady legal footing, says Noah Klug at Berry Appleman & Leiden LLP.

  • 4th Circ. Takes A Conservative Approach To LGBT Rights

    Susan Warner

    While the Fourth Circuit’s recent ruling in Grimm v. Gloucester County School Board has been referred to as a landmark victory for transgender rights by some, a more careful reading of the decision indicates that the ruling was not necessarily a breakthrough for transgender rights, but a decision based on a conservative judicial approach to executive agency deference, says Susan Warner at Nelson Mullins Riley & Scarborough LLP.

  • Preparing For New Paid Family Leave Laws

    Robin J. Samuel

    Recent developments in California and New York have significantly increased the availability of paid family leave. Employers in these areas and elsewhere should begin to plan for a likely rise in the number of employees taking family leave, as similar measures may well be adopted in more states in the near future, say Robin Samuel and Amy Kett at Hogan Lovells.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • What Nonprofits Need To Know About Nonexempt Employees

    Benjamin E. Stockman

    The challenge for nonprofits of properly paying for "compensable time" will only get greater when the upcoming changes to the Fair Labor Standards Act's "white-collar" exemptions reclassify millions of employees nationwide as nonexempt — and thus overtime-eligible, say attorneys at Venable LLP.

  • Why Mediations Fail And What To Do About It

    Cecilia H. Morgan

    The standard responses for why mediations fail are “wrong people, wrong time, no joint session,” but in interviews with colleagues and fellow mediators, Cecilia Morgan at JAMS ADR takes a look at other common reasons why mediation are unsuccessful, and the best ways to guide a mediation to a satisfactory conclusion.