Employment

  • December 18, 2014

    Mount Sinai Says Whistleblowers Misused Patient Info

    Mount Sinai Hospital on Wednesday urged a New York federal judge to dismiss a whistleblower suit claiming the hospital fraudulently billed Medicare and the New York Medicaid program, arguing that the relators in the case took advantage of their positions at the hospital to improperly access patient records used in the suit.

  • December 18, 2014

    JC Penney Workers Win Class Cert In Vacation Gripe

    A California federal judge on Wednesday certified a class of 64,500 JC Penney Corp. management associates and others accusing the department-store chain of depriving them of vacation benefits, ruling the class’ definition was sufficiently ascertainable and not overly broad.

  • December 18, 2014

    Mayo Settles Trade Secrets Suit With Former Exec

    Mayo Clinic LLC has settled for an undisclosed amount with a former top executive accused of defecting to competitor Quest Diagnostics Inc. with trade secrets, according to information obtained by Law360 Thursday.

  • December 18, 2014

    NLRB Judge Finds Against Hillshire In Organizing Beef

    An administrative law judge for the National Labor Relations Board on Wednesday ruled that Hillshire Brands Co. broke federal labor law when management at a Texas plant called the police over handbilling on a public easement and threatened workers with termination if they joined a union.

  • December 18, 2014

    Philly Housing Agency Can't Nix Ex-Labor Atty's Firing Claim

    A Pennsylvania federal judge on Wednesday refused to grant summary judgment in favor of the Philadelphia Housing Authority over a claim brought by their ex-labor counsel who alleges he was wrongfully fired in 2011 based on false and defamatory statements made by former mayor and authority chairman John Street.

  • December 18, 2014

    Fainting Plaintiff-Grant Thornton Talks End In Impasse

    A two-hour settlement conference between Grant Thornton LLP and a former employee who has sued the firm over alleged ERISA violations and lobbed a sanctions motion against its counsel at Alston & Bird LLP for allegedly deposing her after she’d passed out ended in an impasse Wednesday, a magistrate judge who oversaw the conference said.

  • December 18, 2014

    Duane Morris Snags Fasken Atty To Helm London Labor Group

    International firm Duane Morris LLP has added a former Fasken Martineau DuMoulin LLP partner to lead its employment practice in London, part of an effort by the firm to strengthen its international capabilities.

  • December 18, 2014

    Medical Marijuana Use Kills EEOC's ADA Claim, Co. Says

    An assisted living facility accused by the U.S. Equal Employment Opportunity Commission of violating the American with Disabilities Act when it fired an administrator after learning she had epilepsy told a Michigan federal judge Wednesday that her use of medical marijuana precludes the ADA claim.

  • December 17, 2014

    $75M NCAA Concussion Settlement Rejected By Judge

    An Illinois federal judge on Wednesday rejected a $75 million settlement to resolve lawsuits brought by ex-NCAA athletes claiming they have suffered long-term damage from concussions, telling parties to resume negotiations because he has concerns about the fairness of the deal.

  • December 17, 2014

    2nd Circ. Says $5M Punitive Award For Racism Needs Cut

    The Second Circuit on Wednesday said a New York federal judge did not go far enough in cutting a $24 million punitive damages award against ArcelorMittal SA in a steelworker's racial discrimination case to $5 million, saying the reduced award was still excessive.

  • December 17, 2014

    Westlake Sues Contractors Over Allegedly Deadly Botched Job

    A Houston construction company breached a $400 million contract by botching a Louisiana chlor-alkali plant construction job that injured dozens and killed one worker, according to a complaint filed Tuesday by Westlake Chemical Corp.

  • December 17, 2014

    8th Circ. Affirms Bayer's FCA Loss But Trims Damages

    The Eighth Circuit on Wednesday affirmed that a former Bayer Corp. sales representative was terminated in retaliation for alerting authorities to a customer’s Medicaid scam, but trimmed about a third off his $890,000 damages award because it found the emotional distress award was excessive.

  • December 17, 2014

    RadioShack Shells Out $700K To Settle OT Class Action

    RadioShack Corp. agreed to pay $700,000 on Tuesday to settle a class action accusing the electronics retailer of depriving Pennsylvania employees of overtime pay with a “fluctuating workweek” compensation method, roughly five months after the system was found to be in violation of the state’s minimum wage act.

  • December 17, 2014

    Countrywide Whistleblower Nabs $58M Over BofA Deals

    A former Bank of America Corp. executive whose tips about mortgage fraud led to two landmark judgments against the firm will receive nearly $58 million in whistleblower awards, according to recently released New York federal court documents.

  • December 17, 2014

    EEOC Chair Says Wellness Program Regs High On Agency List

    The U.S. Equal Employment Opportunity Commission sees new regulations that will shed light on how to offer corporate wellness programs without violating federal anti-discrimination statutes as "very important" and will be working hard on them in 2015, EEOC Chair Jenny Yang told Law360 in an exclusive interview. 

  • December 17, 2014

    CareOne Can See Law Students' Documents In Union Row

    A New Jersey federal judge partially upheld subpoenas issued by CareOne Management LLC seeking information from two New York University law students in the company's racketeering suit against unions affiliated with its workforce, but denied a bid for sanctions in the acrimonious litigation.

  • December 17, 2014

    SUNY Agency Strikes $4M Settlement In Medicaid Audit Case

    The Research Foundation for the State University of New York will pay $3.75 million to settle a whistleblower suit in New York federal court, admitting that it manipulated audits of New York's Medicaid program and Children's Health Insurance Program under a contract with the state, the U.S. Department of Justice said Monday.

  • December 17, 2014

    Metro-North Gets Record Fine For Injured Worker Retaliation

    Metro-North Railroad has been ordered to pay more than $250,000 to an employee who was intimidated and retaliated against after reporting a workplace injury, the largest fine ever levied in a retaliation case under the Federal Railroad Safety Act, the U.S. Department of Labor said Tuesday.

  • December 17, 2014

    BofA Can't Quash IT Workers' Overtime Class Action

    A New Jersey federal judge Tuesday dismissed some claims in a putative class action accusing Bank of America NA of depriving information technology workers of payable hourly wages for overtime for the past six years, but said plaintiffs had standing to file suit for Fair Labor Standard Act violations.

  • December 17, 2014

    Chicago Pension Reform Bill Unconstitutional, Unions Say

    A coalition of unions and city employees filed suit Tuesday in Illinois court to block a state law designed to plug a multibillion-dollar hole in Chicago’s pension funds, claiming the state constitution bars cuts to public workers’ benefits.

Expert Analysis

  • IRS Guidance On Full-Time Status May Help Employers

    Ryan Gorman

    The Internal Revenue Service's recent guidance may be of particular relevance for employers with variable hour, seasonal and part-time employees that want to simplify, reconcile or consolidate differing measurement periods or methods for determining the full-time status of their workforce for purposes of the employer shared responsibility provisions of the Affordable Care Act, say Samuel Choy and Ryan Gorman of King & Spalding LLP.

  • SDNY Widens Split On Dodd-Frank Whistleblower Protection

    Michael Filoromo III

    The U.S. District Court for the Southern District of New York's decision in Berman v. Neo@Ogilvy LLC makes it the latest court to hold that Dodd-Frank only covers employees who report suspected violations of securities laws to the U.S. Securities and Exchange Commission — the ruling reflects a deepening split on the issue among federal courts, say David Marshall and Michael Filoromo III of Katz Marshall & Banks LLP.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Blankenship Case Shows Perils Of Post-Crisis Assurances

    Jeremy Peterson

    Attorneys and executives would do well to take note of the recent federal indictment of Massey Energy Co.'s former CEO, which shows that, in at least some circumstances, relatively general and open-ended corporate statements can be the basis for criminal charges, say attorneys at Arnold & Porter LLP.

  • A Year For Whistleblower Rewards And Protections

    Jason Zuckerman

    2014 has been a transformative year for the development of whistleblower law between whistleblowers obtaining record recoveries through the U.S. Securities and Exchange Commission's whistleblower rewards program, the U.S. Supreme Court's Lawson v. FMR ruling and the strengthening of protection provisions in the Sarbanes-Oxley Act, say Jason Zuckerman and Dallas Hammer of Zuckerman Law.

  • Essential Health Benefits Rules Will Still Burden States

    Caroline Brown

    Requiring state compliance with the Affordable Care Act's commercial essential health benefits rules recently issued by the Centers for Medicare & Medicaid Services has resulted in an unnecessarily complex benefit design process for certain commercial plans and Medicaid alternative benefit plans, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • EEOC Year In Review: Lots Of Action, Mixed Results

    Judith Langevin

    2014 has been a notable year for the U.S. Equal Employment Opportunity Commission given its historic litigation and increased scrutiny of background checks, however it has also faced harsh criticism from employer groups, discord among its commissioners and setbacks in court, say Judith Langevin and Kate Bischoff of Zelle Hofmann Voelbel & Mason LLP.

  • Top 10 Trade Secrets Developments Of 2014: Part 1

    Kerry Bundy

    Trends we saw in trade secret law this year — including the growing importance of specifically identifying trade secrets early in litigation and the continuing trend toward large damages awards and settlements in trade secrets cases — promise to shape developments in the years ahead, say attorneys with Faegre Baker Daniels LLP.

  • Dart Cherokee Rejects CAFA Anti-Removal Presumption

    John Beisner

    The U.S. Supreme Court's ruling in Dart Cherokee Basin Operating Company v. Owens resolved a lopsided split in the lower federal courts over the proper removal procedure under the Class Action Fairness Act — however, the high court’s closing remark that there is no anti-removal presumption in CAFA cases will likely be of even greater significance going forward, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • Mulling Over The Minimum Wage After The Midterms

    Robert Whitman

    In the wake of November’s midterm elections, four states will have higher minimum wages, which will join 13 others that enacted higher minimum wages earlier this year, and further complicating the issue is that some states have tied their minimum wage increases to inflation, say Robert Whitman and Nadia Bandukda of Seyfarth Shaw LLP.