Employment

  • August 4, 2015

    Full 7th Circ. Won't Rehear $52M College Aid FCA Suit

    The Seventh Circuit on Tuesday sealed a win for a Wisconsin college and its parent, Career Education Corp., over False Claims Act allegations that the for-profit school lied to the federal government to obtain $52 million in grants and loans, rebuffing pushes for an en banc rehearing from a whistleblower and the U.S. government.

  • August 4, 2015

    4 NLRB Cases To Watch As Clock Ticks On Johnson's Term

    Labor lawyers are bracing for a spurt of activity that will likely include rulings in high-profile cases involving the National Labor Relations Board's standard for qualifying as a joint employer and a unionization push for Northwestern football players before the impending departure of Harry I. Johnson III from the labor board later this month. Here are four cases management-side lawyers told Law360 they'd be keeping a close eye on.

  • August 4, 2015

    Littler Plants Flag In Canada With New Toronto Office

    Littler Mendelson PC announced on Tuesday it opened a new office in Toronto, Canada, as the employment and labor law firm continues to expand its international footprint by adding seven attorneys from two Canadian firms.

  • August 4, 2015

    Brady Defended Phone Disposal At Deflategate Appeal Hearing

    New England Patriots quarterback Tom Brady said he usually destroyed his old cellphones and believed he would not have to turn his over to Deflategate investigators during an appeal hearing before the NFL commissioner in June over his four-game suspension, according to testimony revealed Tuesday as part of the New York federal court case.

  • August 4, 2015

    5 Takeaways From FCA 60-Day Overpayment Decision

    The first court decision on a False Claims Act requirement to return identified overpayments from Medicare and Medicaid within 60 days laid waste to attempts by hospitals to dramatically weaken the policy, stressed the need to take overpayment allegations seriously and raised new questions about compliance obligations. Here are five takeaways from attorneys on Monday's ruling.

  • August 4, 2015

    9th Circ. Renews Border Patrol Agent's Age Bias Claims

    The Ninth Circuit on Monday revived a border patrol agent’s age discrimination suit against the Department of Homeland Security, holding that he sufficiently alleged the significance of age in the agency’s promotion decision despite being less than 10 years older than the other candidates.  

  • August 4, 2015

    3rd Circ. Lets Brain Group Oppose NFL Concussion Deal

    The Third Circuit said Tuesday that a brain injury group can file a brief supporting a bid to overturn the National Football League’s settlement with players over concussion-related conditions, overruling an objection from some class members who said extra appellants could be hiding behind the organization.

  • August 4, 2015

    Time To Refile OT Row Can't Be Retracted, 5th Circ. Told

    Hotel housekeepers urged the Fifth Circuit to revive their overtime suit against Navika Capital Group LLC, saying Monday that the district court abused its discretion when it revoked their time extension to refile their class action as individual suits.

  • August 4, 2015

    SEC’s Hot-Button Pay Ratio Rule Gets A Vote

    The U.S. Securities and Exchange Commission on Wednesday is expected to approve one of its most controversial new rules when it convenes to vote on a plan to expose how much better-paid chief executives are than the typical person who works for them.

  • August 4, 2015

    UniFirst’s $2.6M Wages Deal Gets Judge’s Initial OK

    A California federal judge on Tuesday signed off on UniFirst Corp.’s $2.6 million settlement of a class action over the workwear and uniform supplier’s alleged policy of rounding down time worked and failure to provide appropriate breaks.

  • August 4, 2015

    FedEx Takes NLRB Independent Contractor Row To DC Circ.

    FedEx Home Delivery on Monday urged the D.C. Circuit to vacate a ruling by the National Labor Relations Board that declared Hartford, Connecticut-based drivers to be employees rather than independent contractors, saying the board failed to adhere to D.C. Circuit precedent.

  • August 4, 2015

    Chaplains Blast Navy Bid To Toss Religious Bias Suit

    A proposed class of various Christian groups have pilloried the U.S. Navy’s bid to scrap a lawsuit accusing its Chaplain Corps of discrimination in favor of liturgical religious groups, calling minor policy changes the corps has implemented to silence the complaints “window dressing.”

  • August 4, 2015

    Hedge Fund Can't Shake Arbitration Award With Ex-Counsel

    A Texas appellate court on Monday confirmed an arbitration win for a former in-house counsel for hedge fund Newcastle Capital Management LP that he didn’t have to pay performance fees on his investments under an oral employment agreement, saying the fee waiver didn’t violate attorney ethics rules.

  • August 4, 2015

    Houston Equal Rights Law Foes Seek Legal Fees, Damages

    Opponents of Houston's equal rights ordinance on Monday sued Mayor Annise Parker for legal fees and damages stemming from the city's unsuccessful attempt to keep the ordinance off the ballot, arguing she improperly subpoenaed church records after trying to deprive them of their right to a referendum vote.

  • August 4, 2015

    Calif. Justices Told To Leave Tribal Immunity Ruling Published

    A state appellate decision finding that members of a tribal gaming commission aren’t immune from allegations they improperly fired a former table games dealer who acted as an informant in criminal investigations should remain published, the former dealer has told the California Supreme Court, arguing that the decision follows precedent.

  • August 4, 2015

    Apple Security Check Wage Suit Fires Up In Philly

    Former Apple Inc. employees launched a putative class action Monday over alleged state minimum wage violations, telling a Philadelphia County court that the technology giant does not compensate hourly workers for the time they spend going through security checks during each shift.

  • August 4, 2015

    NHL Player’s Family Fights For Stay In Head Injury Suit

    The parents of late professional hockey player Derek Boogaard asked an Illinois federal judge Tuesday for time to amend their suit against the National Hockey League over their son’s head injuries and drug addiction to include newly discovered evidence and testimony from ongoing multidistrict litigation against the league.

  • August 4, 2015

    Davis Wright Adds Employment Class Action Pro In Calif.

    Davis Wright Tremaine LLP bolstered its labor and employment practice with a San Francisco-based partner from Miller Law Group LLC who has more than three decades of experience representing employers in class actions and single-plaintiff litigation, the firm said Monday.

  • August 4, 2015

    NLRB Slaps Bus Co. For 'Veiled Threat' Before Union Vote

    The National Labor Relations Board on Monday ruled that a Student Transportation of America Inc. executive’s "veiled threat," ahead of a union election, that increased costs could mean loss of a bargaining unit's only client might have sullied the vote, ordering a re-tally or possibly a new election.

  • August 4, 2015

    HomeTown Buffet Serves Up $2M Deal In Wage Dispute

    HomeTown Buffet and Old Country Buffet will fork over $2 million to settle a proposed California class action brought by workers who claim the restaurants failed to provide breaks or reimburse employees for gas mileage, according to a Monday federal court filing.

Expert Analysis

  • ADA Litigation: Are The Courts Finally Getting It Right?

    Sarah E. Bell

    Until recently, federal courts seemed hesitant to put the brakes on plaintiff attorneys' attempts to collect exorbitant legal fees under the Americans with Disabilities Act. However, since the end of 2014, the Southern and Eastern Districts of New York have started to recognize the bad faith "hold up" nature of many ADA lawsuits, says Sarah Bell of Pryor Cashman LLP.

  • Beware Of The Latest Collective Bargaining Traps

    Douglas Darch

    In the last six months, the National Labor Relations Board and U.S. Supreme Court have disrupted settled labor negotiation principles regulating collective bargaining, which should push negotiators to re-evaluate their understanding of the deferral standard and permissive subjects of bargaining, say Douglas Darch and Ryan Vann of Baker & McKenzie LLP.

  • A General Counsel’s 6 Tips For Documenting Worker Behavior

    SpecialtyRestaurants_Drelling_Francis.jpg

    What is the best approach for documenting employee behavior? Is it a deal breaker if an employee refuses to sign a counseling memo? And what should such memos actually say? Francis Drelling, general counsel at Specialty Restaurants Corp., offers some best practices.

  • Complying With ACA's 90-Day Waiting Period Limit

    Casey K. Fleming

    There is some conflict between the Affordable Care Act's waiting period rules and its employer shared responsibility rules, as the latter are less flexible than the former regarding rehires, says Casey Fleming of Foley & Lardner LLP.

  • What Obligations Are Owed To Transgender Employees?

    Janet A. Hendrick

    Though Caitlyn Jenner’s coming out may have triggered the conversation for many, she was by no means the first person to transition. In light of recent media attention and an increasing acceptance of the transgender community, proactive employment attorneys and in-house counsel must stay apprised of legal guidance in this area, says Janet Hendrick of Fisher & Phillips LLP.

  • 3 Class Actions Before The Supreme Court

    Fred T. Isquith

    Perhaps the case potentially most consequential is Campbell-Ewald Co. v. Gomez, which raises intriguing procedural issues and would affect any class action where the defendant offers to the plaintiff full damages and any feasible fees and costs, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How To Craft An Effective BYOD Policy

    Brandon C. Ge

    When crafting bring-your-own-device policies, employers should retain the right to access devices for business purposes and describe employees’ responsibilities, which may include reporting lost or stolen devices within a certain time frame and refraining from using unapproved devices or installing unapproved applications, says Brandon Ge of Epstein Becker & Green PC.

  • A Closer Look At Deflategate's Venue Battle

    Gregg Clifton

    As you can see from the separate filings made by the National Football League and the National Football League Players Association, the judicial forum where the Deflategate dispute will be decided is crucial. The NFL effectively utilized the first-to-file rule and gained a perceived early advantage at this phase of the litigation, says Gregg Clifton, co-leader of Jackson Lewis PC's collegiate and professional sports practice group.

  • What Worries Will Wearables Give Employers?

    Catherine T. Barbieri

    Aside from the confidentiality and privacy pitfalls that wearable technologies can create in the workplace, wearables may ultimately force companies to improve the technology that they are using to ensure compliance with wage and hour and other laws, says Catherine Barbieri of Fox Rothschild LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.