Employment

  • March 5, 2015

    Pa. High Court Won't Hear Dispute Of Disgraced Atty's Award

    The Pennsylvania Supreme Court on Wednesday denied Bochetto & Lentz PC’s attempt to avoid paying a $124,000 arbitration award over referral fees due to a former associate who was dismissed for stealing money from clients, the firm and others.

  • March 5, 2015

    4th Circ. Breaks Gag Order In Massey CEO's Criminal Case

    After a monthslong tussle with the local and national media, the Fourth Circuit has lifted a gag order restricting access to participants and documents in the criminal case against former Massey Coal Co. CEO Don Blankenship, who is accused of causing 29 miner deaths by directing the company to break safety laws.

  • March 5, 2015

    Dollar Tree Fights Remand Of Rest Break Action At 9th Circ.

    Dollar Tree Stores Inc. urged the Ninth Circuit on Thursday to overturn a California federal judge's decision to remand to state court a rest break class action, saying the judge erred in finding the removal untimely after ambiguously defined class claims turned out to be broader than expected.

  • March 5, 2015

    35 Calif. Car Washes Fined $1M Over Shorted Wages

    A California labor enforcement agency has socked owners of 35 Los Angeles-area car washes with $1.3 million in fines, saying that the businesses violated state labor laws by cheating employees, some of whom are immigrants, out of earned wages.

  • March 5, 2015

    Judge Axes Earlier Discovery Rules In ICE Atty Bias Suit

    An Arizona federal judge overseeing an Immigration and Customs Enforcement attorney’s age and sex discrimination suit against the U.S. Department of Homeland Security on Thursday tossed out an earlier judge’s discovery protocols, putting the brakes on a fierce discovery dispute between the parties.

  • March 5, 2015

    Ex-Pratt & Whitney Engineer Denied Bail In Data Theft Suit

    A Connecticut federal judge on Thursday denied bail to a former Pratt & Whitney engineer accused of stealing sensitive proprietary military aircraft information and unlawfully attempting to take that information to China, after prosecutors argued he was an "obvious" flight risk.

  • March 5, 2015

    Firm Slams Ex-Secretary’s Bias Appeal As 'Fraud On Court'

    Los Angeles law firm Finnegan & Diba urged a California appellate court Thursday to uphold a fired legal secretary's jury trial defeat in a discrimination suit alleging she was harassed and bitten, calling her appeal frivolous and lambasting her opening brief as "essentially a fraud on the court."

  • March 5, 2015

    Workers Say Gov't Broke $233M Cost-Of-Living Pay Deal

    A putative class of more than 40,000 federal workers filed suit against the government in the Court of Federal Claims on Tuesday, alleging it violated a $232.5 million settlement over cost-of-living adjustments for employees in Alaska, Hawaii and U.S. territories.

  • March 5, 2015

    ERISA Doesn’t Preempt Texas Insurance Law, Judge Rules

    A Texas law mandating timely insurance payments does not bump up against the Employee Retirement Income Security Act, a federal judge ruled Wednesday, saying that Aetna Life Insurance Co. could not escape two health care providers’ $20 million payment demand.

  • March 5, 2015

    GOP Presses NLRB's GC On Joint Employer Theory

    Republican lawmakers pressed the National Labor Relations Board's general counsel on Thursday on the basis for pursuing labor law claims against both franchisors and franchisees as joint employers, saying that the GC appeared to be pursuing joint employer cases based on a legal theory that he knows is shaky.

  • March 5, 2015

    Split 6th Circ. Wipes Out Insurer's $4M ERISA Disgorgement

    The full Sixth Circuit on Thursday reversed a split panel’s earlier affirmation of a lower court's award of $3.8 million in disgorged profits given to a former executive after the Life Insurance Co. of North America was found to have wrongfully denied him disability benefits, saying the award amounted to double recovery.

  • March 5, 2015

    Doc's Right To Practice Doesn't Void Noncompete, Court Says

    A physician accused of violating a noncompete clause isn’t protected by a Tennessee Supreme Court decision that prohibits contracts that restrict doctors’ right to practice medicine, a Florida appeals court ruled Wednesday, finding that he is accused of running a rival business, not practicing medicine.

  • March 5, 2015

    Worker Advocacy Group Must Turn Over Logs In Visa Suit

    A Massachusetts federal judge on Thursday ordered a nonprofit legal services organization to provide privilege logs related to its study of labor practices at carnivals as part of a lawsuit brought by workers accusing an amusement park company of underpaying them and forcing them to pay H-2B visa expenses.

  • March 5, 2015

    Ex-Barclays Director Claims National Origin, Sex Bias In Suit

    Barclays Capital Inc. has been hit with a discrimination suit in New York state court by a former director who says she was fired after complaining that she had been subjected to derogatory comments about her national origin and passed over for promotions in favor of white colleagues.

  • March 5, 2015

    ABA, 300 Cos. Urge High Court To Back Gay Marriage

    The American Bar Association, some large law firms and more than 300 companies including tech giants Apple Inc. and Google Inc. joined hands with same-sex couples in states where same-sex marriage remains illegal by imploring the U.S. Supreme Court on Thursday to legalize the unions once and for all.

  • March 5, 2015

    Louie, Louie, You're Gonna Pay: Louis CK Loses Pension Row

    A New York federal judge on Thursday told Louis C.K.’s production company it owed unpaid contributions to union-affiliated pension and health plans for the comedian’s work editing his hit FX series “Louie,” ruling it owed full-time contributions no matter how many hours he worked.

  • March 5, 2015

    Ex-USC Trojans Star Sues Lloyd's Over NFL Rookie Contract

    Former University of Southern California Trojans star player Marqise Lee sued underwriters at Lloyd’s of London in California federal court Wednesday, claiming the insurer failed to cover a “multimillion-dollar loss” in the value of his rookie National Football League contract due to an injury.

  • March 5, 2015

    Whole Foods Worker Seeks Cert. In Background Check Row

    A former Whole Foods Market Group Inc. employee suing the supermarket over the way it discloses background checks to prospective employees is seeking class certification in Florida federal court, saying the alleged violation of credit-reporting requirements stems from a uniform policy that has affected all of the company's applicants.

  • March 5, 2015

    EEOC Seeks Injunction In Consol Energy Hand Scanner Suit

    The Equal Employment Opportunity Commission on Wednesday urged a West Virginia federal judge to grant an injunction barring Consol Energy Inc. from forcing its employees to use biometric hand scanning systems, arguing that there is a risk the mining company will continue to violate anti-discrimination laws.

  • March 5, 2015

    Laws Shielding Anti-Gay Bias Will Cost States, Attys Say

    A recently enacted Arkansas law stripping cities and counties of the ability to prohibit anti-gay discrimination has features that may insulate it against legal challenges, but lawyers warn that states embracing similar statutes will likely damage — not invigorate — their economies.

Expert Analysis

  • Pondering What Tibble V. Edison May Mean For ERISA Plans

    Nancy G. Ross

    Pending the U.S. Supreme Court's decision in Tibble v. Edison International, Employee Retirement Income Security Act plan sponsors and fiduciaries should make sure that each investment continues to meet the objectives of the plan’s investment policy statement, makes sense when viewed as part of the plan’s entire portfolio and remains an appropriate choice among others in its asset class, say attorneys at Mayer Brown LLP.

  • Law Firm Tensions Mount In Africa — What Does It Mean?

    Steve Blundell

    Tensions are perhaps inevitable in a fast-growing market such as Africa where international law firms are gearing up for a greater level of market entry, and where the independent firms remain highly reliant on referrals from these same firms. But the questions facing both types of firms go to the heart of short-term expedient versus long-term strategy, says Steve Blundell of Redstone Consultants.

  • New Era Of Uncertainty For Calif. Public Works Contracting

    Matthew Struhar

    Although Roy Allan Slurry Seal Inc. v. American Asphalt South Inc. may assist law-abiding contractors in California in vindicating their rights against less scrupulous competitors, much remains to be clarified about the scope of the intentional interference cause of action now available to second-place bidders on California public works projects, say Matthew Struhar and Matthew Richards of Nixon Peabody LLP.

  • Ghosts Of Micro-Units Past Come To Haunt Employers Again

    Mark E. Tabakman

    Common in the 1940s and 1950s, micro-units created an operational nightmare for employers and now may be coming back after the National Labor Relations Board's decisions in Specialty Healthcare II and Macy's Inc. Different pay scales, benefits and terms and conditions for different micro-units could splinter the workforce and ultimately stunt business operations, says Mark Tabakman of Fox Rothschild LLP.

  • LGBT Rights Finally Come To The FMLA

    Jessica C. Moller

    By amending the Family and Medical Leave Act's definition of spouse to include legally married same-sex spouses, the U.S. Department of Labor has leveled the playing field. FMLA-covered employers will now be unable to deny legally married same-sex spouses FMLA leave, even in states that do not recognize same-sex marriages, says Jessica Moller of Bond Schoeneck & King PLLC.

  • Sizing Up The Specialty Healthcare Test For Employers

    Kenneth R. Dolin

    Affirmation of the Specialty Healthcare “overwhelming-community-of-interest” test by the Fourth Circuit in Nestle Dreyer’s Ice Cream Co. v. National Labor Relations Board will almost certainly lead to a proliferation of small bargaining units across all industries, but will likely have the greatest impact on manufacturing, public utilities and retail, says Kenneth Dolin of Seyfarth Shaw LLP.

  • Rebutting The 'But This Is Asbestos' Line In Pa.

    Michael L. Haslup

    The Superior Court of Pennsylvania's recent decision in Krauss v. Trane U.S. Inc. is significant in that it reaffirms that traditional legal principles apply to asbestos cases, notwithstanding the application of a unique “frequency, regularity, proximity” standard to motions for summary judgment, say Michael Haslup and Kevin Penhallegon of Miles & Stockbridge PC.

  • Something Stinks About EEOC's 'Onionhead' Enforcement

    Christina A. Stoneburner

    The U.S. Equal Employment Opportunity Commission's recent suit against United Health Programs of America Inc. after workers alleged they were forced to say "I love you" to co-workers due to management's belief in a religion called "Onionhead” raises interesting questions about what EEOC and employer communications are permissible to employees, says Christina Stoneburner of Fox Rothschild LLP.

  • Top 10 Reasons To Have An ERISA Litigator On Speed Dial

    Nancy G. Ross

    The U.S. Supreme Court’s heightened interest in the Employee Retirement Income Security Act, an increase in investigations from the U.S. Department of Labor and the dangerous ERISA fiduciary exception to attorney-client privilege are just some of the reasons why companies should have ERISA litigators on speed dial, say Nancy Ross and Brian Netter of Mayer Brown LLP.

  • 3 Takeaways From EEOC V. Abercrombie Oral Arguments

    Dawn R. Solowey

    The U.S. Supreme Court’s decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. is expected to focus on what level of knowledge an employer must have that an employee or job applicant’s religious practice may conflict with a job requirement — and from what source — before it has a duty to consider accommodation, say Dawn Solowey and Ariel Cudkowicz of Seyfarth Shaw LLP.