• October 8, 2015

    Ex-Facebook Employee Drops Suit Alleging Gender, Race Bias

    A former Facebook Inc. employee has dropped her California state suit claiming she faced gender and racial discrimination, as well as harassment, at the social networking giant.

  • October 8, 2015

    Northrop Grumman Beats Whistleblower's $62M FCA Claims

    Northrop Grumman Corp. shut down a whistleblower’s claims Thursday when an Illinois federal judge found the former employee hadn’t shown a mutual understanding between the company and the Department of Homeland Security on the terms in a $62 million missile defense contract.

  • October 8, 2015

    3 Supreme Court Cases With Potential Fallout For Employers

    Not all U.S. Supreme Court cases have to involve labor unions or workers claiming an employment statute was violated for the way the high court eventually rules to have ramifications for workplace law. Here, lawyers identify three non-employment cases that employers would be well-advised to pay attention to.

  • October 8, 2015

    Recruiter Sues Holland & Knight, Atty For Breached Contract

    Lucas Legal Staffing filed a breach of contract suit against Holland & Knight LLP, a partner for the firm and a rival recruitment agency in Virginia federal court, saying they squeezed it out of fees due for placing the attorney in his $400,000-a-year position.

  • October 8, 2015

    Feds Crack Down On Corporate Hacking With Keys Conviction

    The successful criminal prosecution of former Reuters social media editor Matthew Keys is a harsh response by the government to companies' mounting concerns over external threats to their data and indicates that prosecutors will aggressively pursue those who infiltrate corporate networks, regardless of the attack's size or effects, attorneys say.

  • October 8, 2015

    Obama Signs ACA Tweak To Aid 'Small Employers' With Costs

    President Barack Obama on Wednesday night signed a bipartisan bill aimed at protecting small and midsize businesses from potential health care premium increases under the Affordable Care Act, according to the bill’s original sponsor in the U.S. Senate.

  • October 8, 2015

    IT Workers Hit General Dynamics With Wage-And-Hour Claims

    A pair of former General Dynamics Corp. workers accused the company of failing to pay overtime to the information technology help desk workers handling tasks linked to the company’s contract with U.S. Citizenship and Immigration Services, according to a Virginia proposed collective action filed Thursday.

  • October 8, 2015

    H-1B Engineer Sues Contractor For Underpayment, Firing

    A civil engineer who worked for a New York-based contractor and inspector under the H-1B visa program hit the company with a $2.6 million suit alleging he was not paid the wage that the company's visa application specified and eventually let go after suffering a series of workplace injuries. 

  • October 8, 2015

    Contractor In FCA Trial Wants Ex-CFO’s Testimony Barred

    A fire-safety defense contractor accused of falsely billing the government and retaliating against an employee who spoke out is seeking to bar testimony from a former chief financial officer, saying it expects the executive to raise questions about a defendant’s character that are irrelevant and inadmissible.

  • October 8, 2015

    49ers Settle Age Discrimination Suit With Ex-Managers

    The San Francisco 49ers have settled with a pair of longtime managers who claimed that they were pushed out to make room for younger, more tech-savvy replacements, a California federal judge said Thursday in an order dismissing the suit.

  • October 8, 2015

    Butler & Hosch Gets Temporary Reprieve From WARN Act Suit

    A Florida federal judge on Thursday tossed a class action accusing shuttered law firm Butler & Hosch PA and its founder of violating the Worker Adjustment and Retraining Notification Act by not giving proper notice to hundreds of employees before enacting layoffs, but gave the workers a chance to fix up the pleading.

  • October 8, 2015

    Comcast Defeats Techs' Suit Over OT, On-Call Wages

    An Illinois federal judge has ruled in favor of Comcast Corp. in a case where seven line technicians had alleged the cable giant violated federal and state labor laws stiffing them on wages for overtime, during breaks and for “on call” times, according to a court filing Thursday.

  • October 8, 2015

    Delta Sues Over Canceled Flights Amid Pilot Contract Feud

    Delta Air Lines Inc. has sued Republic Airways Holdings Inc. in Georgia court, saying the airline suffered “millions” of dollars in losses when the regional affiliate failed to fly some connection flights during a contract fight with pilots, according to media reports.

  • October 8, 2015

    Comcast Beats Sleeping Ex-Employee’s Discrimination Suit

    A California federal judge on Thursday tossed a discrimination suit against Comcast, finding that the fired employee hadn't shown any proof that the company didn't genuinely believe he fell asleep on the job.

  • October 8, 2015

    NJ Judge Sinks Challenge To Pension Cuts

    A New Jersey state judge on Thursday tossed a lawsuit by three state pension funds that sought to recoup the shortfall in the state's retirement contributions for 2014-16, calling the complaint “futile” in light of court rulings upholding the cuts.

  • October 8, 2015

    Star Lehman Trader's $83M Bonus Claim Mostly Rejected

    A New York bankruptcy judge nixed the bulk of former Lehman Brothers Inc. star trader Jonathan Hoffman's $83 million claim for bonuses he said he was entitled to, ruling Wednesday that Hoffman was already paid what he was owed by Barclays PLC when the bank acquired Lehman's brokerage business in 2008.

  • October 8, 2015

    Supplier Must Show Chemical Safe In Leukemia Suit

    A California appeals court Wednesday revived two former mechanics and their families' allegations that a component of a solvent they used to clean auto parts led to the mechanics' leukemia, saying the chemical supplier failed to prove the mineral spirits were not dangerous.

  • October 8, 2015

    Unique Claims Doom Drivers’ Class Cert., Appeals Court Says

    A California appeals court on Wednesday upheld the denial of certification of a proposed class of drivers for a transportation company who alleged they were misclassified, saying there was no evidence to show the drivers' claims extended to a significant number of others.

  • October 8, 2015

    White House Dragging Heels On ACA Case, GOP Charges

    The Obama administration is trying to postpone a merits ruling on its allegedly improper Affordable Care Act spending by asking the D.C. Circuit to first review whether the U.S. House of Representatives has standing to challenge the spending, GOP lawmakers charged in a new court filing.

  • October 8, 2015

    Former Worker Slaps Keurig With Don-Doff Suit

    Keurig Green Mountain Inc. has been hit with a potential class action claiming that the coffee company violated the law by failing to pay workers at a California plant for the time it took them to put on and take off their uniforms and safety equipment.

Expert Analysis

  • How Estimates Can Miss The Mark On Age Discrimination

    Stephen G. Bronars

    Perhaps due to the Great Recession or the growing share of workers age 40 and over, we have recently seen an increase in allegations of age discrimination in hiring. However, proper analysis of hiring discrimination is complicated by a lack of age information on employment applications and the fact that estimated benchmarks generally do not account for the propensity to be looking for a job, say Stephen Bronars and Nathan Woods of ... (continued)

  • Potential Problems With The California Fair Pay Act

    Allan G. King

    Although the California Fair Pay Act was passed to remedy a perceived gender gap in pay, the statute’s potential effects on the labor market likely will be more sweeping and unrelated to gender issues. The CFPA may require employers to equalize pay between employees performing vastly different jobs and those performing the same job in vastly different labor markets, says Allan King of Littler Mendelson PC.

  • 4th Circ. FCA Statistical Sampling Case Is One To Watch

    Jeanne A. Markey

    Courts have begun to accept statistical sampling not only for damages calculations but also as a means of proving liability under the False Claims Act — a trend that provides the government with a critical tool in ensuring that no fraud is “too big to prove.” The Fourth Circuit's decision in U.S. v. Agape Senior Community will be the first time a circuit court weighs in, say Jeanne Markey and Raymond Sarola of Cohen Milstein Sellers & Toll PLLC.

  • Carjacker’s Use Of Uncle’s Phone Implicates Business Rights

    Daniel Wenner

    A carjacking case out of a district court in Michigan illuminates a potential pitfall in the ubiquitous business practice of issuing to employees company-owned mobile phones and other devices — a pitfall with increased urgency in the wake of the Yates memo, say Daniel Wenner and Kenton Atta-Krah of Day Pitney LLP.

  • Defense Innovations In FLSA Opt-In Collective Actions

    Joseph Kernen

    To quote from Michael Lewis' "Moneyball: The Art of Winning an Unfair Game," if you challenge conventional wisdom, you will find ways to do things much better than they are currently done. Thus for defense counsel, when settling opt-in collective actions under the Fair Labor Standards Act, following the conventional wisdom isn't the best move — it isn't even uniform, say Phillip Wang and Joseph Kernen of DLA Piper LLP.

  • Tackling Intraracial, Transracial Claims Under Title VII

    Roger W. Feicht

    While intraracial discrimination claims have been consistently held as actionable under Title VII of the Civil Rights Act of 1964, the inconsistency among federal courts in their treatment of Title VII claims when there is a misperception regarding a plaintiff's race or national origin is disturbing, says Roger Feicht of Gunster Yoakley & Stewart PA.

  • A Post-Tuomey Future: Huge Stark Law Hospital Settlements

    T. Reed Stephens

    After the government's victory against Tuomey Healthcare System Inc., we have seen more large False Claims Act settlements with hospitals involving Stark Law allegations — relators are even citing as evidence of ongoing recklessness that hospital executives have been emailing articles about the Tuomey case to their staff, say Tony Maida and T. Reed Stephens of McDermott Will & Emery LLP.

  • Employment Counsel Should Keep An Eye On Rule 23

    Gerald L. Maatman Jr.

    Changes to Rule 23 by the Federal Advisory Committee on Civil Rules carry the potential for far-reaching consequences for employers. For example, relaxing the class definition requirements and standards for ascertainability in the early stages of litigation means employers facing class actions will have less information available to make educated settlement and litigation decisions, say Gerald Maatman Jr. and Alex Karasik of Seyfarth Shaw LLP.

  • 5 Things Clients Never Tell Their Lawyers


    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • Responding To Calif.'s Reading Of Respondeat Superior

    Joshua R. Dale

    One way California employers can mitigate their liability for circumstances in which they are seemingly not controlling their employees, such as during commute or after a holiday party, but for which state public policy will still hold them liable under the doctrine of respondeat superior, is for employers to carry “nonowned” automobile insurance coverage, says Joshua Dale of Michel & Associates PC.