Employment

  • May 4, 2016

    Tech Co. To Pay Filipino Workers Unpaid Wages In FLSA Row

    A California tech company agreed to pay nearly $170,000 to resolve claims it brought in workers from a Philippines subsidiary and paid them as little as $1.66 per hour in violation of the Fair Labor Standards Act, the U.S. Department of Labor said Wednesday.

  • May 4, 2016

    Pillsbury Adds Ex-Shearman Compensation & Benefits Pro

    Pillsbury Winthrop Shaw Pittman LLP has bolstered its executive compensation and benefits practice with a new partner who formerly worked for Shearman & Sterling LLP and concentrates on private equity, capital markets and M&A transactions.

  • May 4, 2016

    US Soccer, Women's Nat'l Team Again Push To End CBA Row

    U.S. Soccer and the U.S. women's national team's union continued their fight over the terms of a collective bargaining agreement that the governing body seeks to enforce until the end of the year, asking an Illinois federal judge Tuesday to deny their competing bids to escape the suit.

  • May 4, 2016

    Ex-VP Objects To Proposed Judgment On $25.4M Verdict

    The former president of a health care staffing company who successfully sued the company’s former vice president is now trying to sneak extra money out of the $25.4 million verdict the jury handed down two weeks ago, the former VP told an Arizona federal court Tuesday.

  • May 4, 2016

    NCAA Can't Duck Fee Bond Amid Likeness Appeal: Players

    A class of college athletes who won the right to be compensated for the use of their likenesses in videogames asked a California federal court Tuesday to force the NCAA to set aside more than $42 million in attorney’s fees and costs as it appeals, saying such an order would encourage swift resolution.

  • May 4, 2016

    Ex-RCS Brass Get Nod To Tap D&O Coverage In Ch. 11

    A Delaware judge has approved use of bankrupt RCS Capital Corp.’s insurance to cover legal costs of former executives facing pending securities lawsuits, settling a dispute over the issue ahead of the company’s scheduled Chapter 11 confirmation hearing on Thursday.

  • May 4, 2016

    5th Circ. OKs $6.5M DOL Win In DirecTV Installer Pension Suit

    The Fifth Circuit on Tuesday affirmed a win for the U.S. Department of Labor requiring the trustees of a DirecTV installation company’s retirement plan to pay $6.5 million for overvaluing the stock, saying the company owner put his own interests above the retirees'.

  • May 4, 2016

    DC Circ. Urged To Uphold Blackwater Guards' Convictions

    Federal prosecutors have asked the D.C. Circuit to uphold the convictions and sentences of four former Blackwater guards stemming from a 2007 shooting in Iraq, saying a D.C. trial court held jurisdiction in the case under a law designed to increase the accountability of American military contractors.

  • May 4, 2016

    FordHarrison Adds 2 Ogletree Deakins Attys In Memphis

    Ford & Harrison LLP has bolstered its ranks in its Memphis, Tennessee, office with the addition of two former Ogletree Deakins Nash Smoak & Stewart PC attorneys who have extensive experience representing management in employment-related matters. 

  • May 4, 2016

    Chubb Drops Coverage Appeal Over $188M NY Trust Shortfall

    A Chubb Corp. insurer on Tuesday dropped its Second Circuit appeal tied to a federal judge's order that it must pay for litigation against four former Health Care Providers Self Insurance Trust executives stemming from a state investigation that uncovered a $188 million shortfall and which led to suits charging mismanagement and negligence.

  • May 4, 2016

    Sony Pictures Pays $13M To Ditch No-Poach Class Action

    Sony Pictures has agreed to pay $13 million to settle a proposed class action accusing it and other major Hollywood studios of illegally conspiring not to poach each other’s animators, Tuesday court documents show.

  • May 3, 2016

    Construction Co. Loses Pension Plan Row In 10th Circ.

    The Tenth Circuit on Tuesday reversed a lower court decision that a construction company that stopped contributing to its employees’ pension plan didn’t have to pay withdrawal liability, citing a federal law intended to protect pension beneficiaries amid such withdrawals.

  • May 3, 2016

    Corinthian Workers Tell 9th Circ. Quota Docs Save FCA Suit

    Two ex-Corinthian Colleges employees on Tuesday urged the Ninth Circuit to revive their False Claims Act suit alleging the for-profit college and Ernst & Young LLP defrauded the government out of billions, saying a lower court wrongly disregarded proof recruiters were illegally paid based on enrollment and improperly sanctioned their counsel.

  • May 3, 2016

    4th Circ. Says CSC Workers Were Underpaid While Overseas

    Language in the corporate contracts for six Computer Sciences Corp. employees who also worked on U.S. Department of Defense contracts entitles them to hourly pay while they were overseas in locations such as Iraq or Kuwait, rather than a salary, the Fourth Circuit ruled Monday.

  • May 3, 2016

    Toyota Dealer Fights For Arbitration At Calif. High Court

    A Los Angeles Toyota dealership urged the California Supreme Court Tuesday to restore a trial court’s ruling sending an employee’s putative discrimination class action to individual arbitration, arguing whether an arbitration agreement permits class claims is a threshold question for the courts, not the arbitrator.

  • May 3, 2016

    Home Depot Night Shift Workers Get Class Cert. In OT Row

    A California federal judge certified an estimated 20,000-strong class of Home Depot employees accusing the big-box retailer of violating California law by failing to pay overtime to state-based employees who worked more than eight hours and past midnight, saying Home Depot's arguments fell short.

  • May 3, 2016

    Uber Wins Arbitration For Drivers In Maryland Wage Suit

    Uber Technologies Inc. beat a proposed class action alleging the company withheld tips and underpaid its drivers when a Maryland federal judge Tuesday sent the dispute to arbitration, in part because the drivers involved could have opted out of arbitration but didn’t.

  • May 3, 2016

    EEOC Taking Title VII Too Far In Trans Case, Court Hears

    A Michigan funeral home urged a Michigan federal court Monday to nix the U.S. Equal Employment Opportunity Commission’s suit alleging it wrongfully fired a transgender employee, saying the agency is trying to stretch Title VII beyond its limits to invalidate all sex-specific dress codes.

  • May 3, 2016

    4th Circ. Revives Narcoleptic Driver's Employment Suit

    The Fourth Circuit on Tuesday revived a suit brought by a narcoleptic driver applicant who accused a trucking company of violating the Americans with Disabilities Act by refusing to hire him due to a positive drug test, saying the district court misapplied federal transportation regulations.

  • May 3, 2016

    Citizens Bank Loan Officers Win Collective Action Cert.

    A Pennsylvania federal judge has certified as a collective action an overtime lawsuit brought by three Citizens Bank mortgage loan officers, saying the payment policies challenged in their suit affected in a uniform way Citizens loan officers across the county.

Expert Analysis

  • Scalia’s Vacancy Shifts High Court On Class Actions

    Brian S. Kabateck

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.

  • Employee Safety: When A 'Reasonable Response' Isn’t Enough

    Melody L. Rayl

    What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.

  • Gig Economy: Are Your Workers Employees? The 6-Part Test

    Rachel Bien

    Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.

  • The Deemed Export Rule And Employment Nondiscrimination

    John J. Burke

    For employers that are caught between complying with export control laws and anti-discrimination laws, the U.S. Department of Justice recently issued guidance to help companies navigate these seemingly contradictory requirements. But, while helpful in some areas, the guidance may add to the confusion in other areas, say John Burke and Sabrina Shadi at BakerHostetler LLP.

  • Gig Economy: The Case For Local Regulation Of Ride Apps

    Peter M. Mazer

    “The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.

  • The Fight For Streaming Royalties Is Going Over The Top

    Nathaniel L. Bach

    A short-lived class action seeking allegedly unpaid royalties for content that World Wrestling Entertainment sold or licensed to both Netflix and to WWE Network is a free lesson in the challenges that both new and traditional over-the-top licensors may face, and how profit participant plaintiffs might seek to pursue networks and broadcasters for streaming royalties going forward, says Nathaniel Bach of Gibson Dunn & Crutcher LLP.

  • Interpreting Duran V. US Bank In The Aftermath Of Tyson

    Steven D. Allison

    The decisions in Duran v. U.S. Bank and Tyson Foods v. Bouaphakeo seem like mirror images. One approved the use of statistical sampling to establish an employer’s liability, the other rejected the same method in a similar case. But on closer inspection, the U.S. Supreme Court’s reasoning in Tyson is more similar to the California Supreme Court’s in Duran than the outcomes would suggest, say attorneys at Crowell & Moring LLP.

  • How Gov't Contractors Can Avoid Pay Transparency Mishaps

    Alicia J. Samolis

    The final rule implementing the Pay Transparency Act, which requires covered employers to inform employees and applicants of their right to share compensation information, applies to most federal contractors, meaning many will likely have to update their policies using exact language from the Office of Federal Contract Compliance Programs, say Alicia Samolis and Jennifer Luzzi at Partridge Snow & Hahn LLP.

  • Gig Economy: Changes We Need And Changes We Don't Need

    Joseph V. Kennedy

    Many public officials believe that the sharing economy poses novel dangers that require new government powers. This approach is mistaken. Existing regulations give regulators all the authority they need. In some cases, however, existing law needs to be updated — especially labor law, says Joseph Kennedy, a senior fellow with the Information Technology and Innovation Foundation and former chief economist for the U.S. Department of Commerce.

  • Evening The Score: A New Wave Of Equal Pay Act Claims

    Stacie B. Collier

    While the wage discrimination claims filed by the U.S. Women's Soccer Team against the U.S. Soccer Federation don’t present any new or novel issues of law, the case highlights a resurgence of Equal Pay Act claims, based in large part on advocacy to close the national gender pay gap by everyone from famous Hollywood actors to presidential candidates, and now, soccer stars, say Stacie Collier and Steven Nevolis at Nixon Peabody LLP.