• November 25, 2015

    Calif. High Court Will Weigh 'Vague' Background Check Law

    The California Supreme Court on Wednesday agreed to consider whether the state's Investigative Consumer Reporting Agencies Act is unconstitutionally vague when applied to employee background checks because of its overlap with another California credit reporting law at issue in a labor suit against a school-bus company.

  • November 25, 2015

    Judge's Docket Changed Amid Reports Of Sleeping On Bench

    The Seventh Circuit's chief judge has made changes to a district court judge's docket after reports that he was falling asleep during judicial proceedings, saying she hopes the changes will help prevent the possibility of a recurrence.

  • November 25, 2015

    PNC Mortgage Loan Officers Nab Certification In Wage Suit

    A Pennsylvania federal judge on Wednesday conditionally certified a collective action in a lawsuit accusing PNC Bank NA of failing to pay its mortgage loan officers adequate overtime and of not paying them for all the hours they worked.

  • November 25, 2015

    Prime Violated NLRA During Union Negotiations, Board Rules

    Prime Healthcare Management illegally snubbed SEIU-United Healthcare Workers West during negotiations over health care plans for employees at a California hospital, the National Labor Relations Board ruled Tuesday.

  • November 25, 2015

    Insurer Says 2nd Circ. Ruling Undoes UPI Unit's Coverage Win

    Evanston Insurance Co. told a New York federal judge on Tuesday that a recent Second Circuit ruling negates a Universal Photonics Inc. unit’s victory he granted in a dispute over defense costs for an injured employee’s suit, and urged the judge reconsider his decision.

  • November 25, 2015

    NLRB Orders Calif. Grocer To Nix Class Action Waivers

    The National Labor Relations Board on Tuesday ruled that a popular upscale grocer in California has kept in place arbitration agreements that illegally forbid employees from pursuing actions on a class or collective basis, and rejected the company's bid to revise the arbitration pacts to make them voluntary. 

  • November 25, 2015

    Microsoft Ditches Workers' Suit Over No-Poaching Deals

    Microsoft escaped a proposed class action accusing the software giant of conspiring with dozens of companies not to hire one another’s workers when a California federal judge found the employees had waited too long to file suit.

  • November 25, 2015

    McDonald's To Pay $1.5M To Settle Workers' Wage Suit

    McDonald’s Corp. has agreed to pay $1.5 million to settle claims it unlawfully failed to compensate a class of employees for time and costs associated with the cleaning of work uniforms, according to a Wednesday filing in a Brooklyn federal court.

  • November 25, 2015

    NLRB Tells DC Circ. To Let Director Authority Decision Stand

    The National Labor Relations Board urged the D.C. Circuit on Tuesday to let stand its ruling that the board's regional directors didn't lose their authority to conduct and certify employee union elections during a period when there was not a quorum on the board, saying a health clinic's call for a full court review should be turned aside.

  • November 25, 2015

    3rd Circ. Won’t Rethink Patent Atty's ERISA Suit

    The Third Circuit wasn’t swayed Tuesday by claims that the panel mixed up precedent by concluding that a patent attorney waited too long to bring his Employee Retirement Income Securities Act suit accusing the Webb Law Firm PC of misclassifying him.

  • November 25, 2015

    NCAA Athletes Can't Pursue Sex Bias Suit, Judge Says

    A proposed class action claiming that National Collegiate Athletic Association policies discriminate against women can’t go forward because the complaint’s racketeering claims are “woefully inadequate” and most of the other claims are too old, a New Jersey federal judge said Tuesday.

  • November 25, 2015

    Mexican Workers File FLSA Suit Against Fla. Harvester

    Eight Mexican migrant workers filed a potential class action against a Florida fruit harvester, claiming that the company violated the Fair Labor Standards Act and paid them less than what the law required.

  • November 25, 2015

    GM Workers Ask 6th Circ. To Rehear State Street ERISA Suit

    General Motors Corp. employees urged the Sixth Circuit on Tuesday to reconsider its split decision releasing State Street Bank & Trust Co. from class allegations that it imprudently held GM stock in their pension plans even as the carmaker's bankruptcy appeared imminent, saying the decision improperly grants immunity to fiduciaries.

  • November 24, 2015

    Uber, Drivers Spar Over Class Size, Arbitration Waiver

    The parties in a closely watched suit that will determine whether Uber Inc. drivers are employees or independent contractors continued to wrestle in California federal court Wednesday over whether to expand the certified class and whether to arbitrate the bulk of their claims.

  • November 24, 2015

    Union Calls For DOJ Probe Over Wal-Mart Worker Surveillance

    The United Food and Commercial Workers International Union on Tuesday urged the U.S. Department of Justice to investigate Wal-Mart Stores Inc. amid a report that the retailer spied on workers organizing for higher wages amid Black Friday strikes in 2012.

  • November 24, 2015

    Pa. Judge Denies Appeal Of Spector Gadon Malpractice Win

    A Pennsylvania federal judge on Monday refused to allow an ex-CEO to appeal a verdict upholding Spector Gadon & Rosen PC’s win in a malpractice suit over a $1 million settlement with his former employer, saying a claim is still pending.

  • November 24, 2015

    3rd Circ. Adopts Test To Evaluate Meal Breaks Under FLSA

    The Third Circuit in a split ruling Tuesday upheld a lower court’s decision to dismiss a lawsuit filed by Pennsylvania prison guards, adopting for the first time a test to determine whether a meal period is compensable under the Fair Labor Standards Act.

  • November 24, 2015

    Chamber, Others Ask 9th Circ. To Rethink PAGA Ruling

    The U.S. Chamber of Commerce and two other organizations pushed the Ninth Circuit on Monday to rethink its recent ruling to uphold a bar on California Private Attorneys General Act waivers in employment arbitration agreements, backing eyewear retailer Luxottica's call for a second look at the decision.

  • November 24, 2015

    Tucker Ellis Stuck With Ex-Asbestos Lawyer's Subpoena Suit

    Tucker Ellis LLP can’t claim it was merely responding to a subpoena when it turned over documents created by an asbestos litigation attorney who was later fired from his new law firm when the records went public on the Internet, a California appeals court ruled Tuesday.

  • November 24, 2015

    Ex-College Basketball Coach Defends Firing Suit

    The former women's basketball coach at Kean University told a New Jersey federal court Monday that she should have the opportunity to prove that NCAA-led investigations resulted in a hostile work environment and violated her right to equal protection.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • Employers, Are You Prepared For Cyber Monday?

    Peter J. Stuhldreher

    Roughly 127 million people shopped on Cyber Monday last year — significantly more than the estimated 87 million in-store, Black Friday shoppers. Given the temptation for employees to use company or personal devices to shop for deals while at work, the shoppers’ “holiday” serves as a reminder for employers regarding the appropriate scope of their policies, say Peter Stuhldreher and Carmen Jo Rejda-Ponce of Reed Smith LLP.

  • 5th Circ. Clarifies And Complicates Choice-Of-Law Analysis

    Michael D. Karpeles

    As companies grow and expand into multiple states, determining the applicable law for restrictive covenants can be puzzling. In a case related to the merger of Prosperity Bank in Texas and F&M Bank in Oklahoma, the Fifth Circuit provides a useful road map, but also demonstrates that there is no certainty that the chosen law will be enforced against employees in other states, says Michael Karpeles of Greenberg Traurig LLP.

  • Inside DOD Whistleblower Rule For Confidentiality Agreements

    Albert B. Krachman

    The U.S. Department of Defense is now prohibited from contracting with firms that bind employees to confidentiality agreements that restrict their ability to report fraud, waste or abuse to appropriate investigative authorities. Albert Krachman and Stefanos Roulakis of Blank Rome LLP explore issues raised by the new regulations and the risks posed by noncompliance.

  • Key Takeaways From The SEC’s 2015 Whistleblower Report

    Christian R. Bartholomew

    The U.S. Securities and Exchange Commission's recently released whistleblower report makes clear that the commission will continue to focus on issues raised in the case of KBR, and that it is actively interested in any company documents, policies or statements suggesting that an employee talks to the SEC at his or her own peril, say attorneys with Jenner & Block LLP, including a former SEC trial lawyer.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • A Lawyer's Guide To Analyzing Age Discrimination Claims

    Lauren Levine

    In her Ehrbar v. Forest Hills Hospital ruling, Eastern District of New York Judge Margo Brodie deconstructs a motion for summary judgment dismissal of a disparate treatment age discrimination claim, and in doing so, provides both plaintiff and defense lawyers with a useful compendium of arguments, defenses, and the current state of age discrimination case law in the Second Circuit, say attorneys with Garfunkel Wild PC.

  • Safe Harbor Needed For Arbitral Rights In Absent Class Claims

    Richard A. Ripley

    To determine a waiver of arbitral rights, circuit courts generally look at whether the party seeking arbitration takes action in litigation inconsistent with its arbitration rights, and whether that action prejudices the plaintiff. However, two 2015 decisions — Checking Account Overdraft Litigation and Healy v. Cox — reveal that framework as an ill-fitting suit when the waiver implicates absent putative class members, says Richard ... (continued)

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • A Brief Window: Border Security Fee Sunset Won't Last

    Brian Coughlin

    If employers file their H-1B and L-1 petitions before the border security fee is reauthorized — which could be soon, given the apparent support for such legislation in Congress — they will realize a more than 45 percent decrease in government fees for new H-1B petitions and a more than 73 percent decrease in government fees for L-1 petitions, say Brian Coughlin and David Iannella of Fragomen Del Rey Bernsen & Loewy LLP.