Employment

  • June 30, 2016

    Vector's Cutco Trainees Win OK Of $6.7M Deal In Wage Suit

    A California federal judge gave the green light Thursday to a $6.75 million settlement resolving a class and collective action accusing Vector Marketing Corp. of not compensating workers for time spent in mandatory training sessions to become Cutco knife sales representatives.

  • June 30, 2016

    HP Enterprise Wins $3B Verdict In Long-Running Oracle Fight

    Hewlett Packard Enterprise Corp. won a $3 billion jury verdict Thursday against Oracle Corp. in a California suit alleging Oracle broke a settlement in a dispute over whether it poached former Hewlett-Packard CEO Mark Hurd by phasing out software for an HP server, hurting its rival’s sales.

  • June 30, 2016

    Ex-Drinker Biddle Atty Can't Get Docs In $30M Firing Row

    A California judge Thursday rejected a former Drinker Biddle & Reath LLP associate's bid to force the firm to hand over internal documents relating to her performance and communications with clients in her $30 million suit alleging she was wrongly fired for opposing an attorney job candidate.

  • June 30, 2016

    Minor League Teams Take Swing At Blocking Wage Claims

    As peak season for the all-American sport approaches, Minor League Baseball teams are looking to block ballplayers from bringing legal claims demanding to be paid minimum wage and overtime in what experts say is a desperate bid to end a long-running class action fight.

  • June 30, 2016

    Ill. Adopts Stopgap Budget, One Year Into Impasse

    Illinois lawmakers and Gov. Bruce Rauner agreed to a compromise bill on Thursday that will fund essential services like health care and education across the state until at least November, passing the measure exactly one year after partisan wrangling pushed the budget process into deadlock.

  • June 30, 2016

    Morgan Stanley Pays $6M To End Financial Adviser OT Action

    Morgan Stanley said it will pay $6 million to resolve four collective actions accusing the financial services company of stiffing financial adviser trainees on overtime pay, according to documents filed Wednesday in Florida federal court.

  • June 30, 2016

    Supercuts To Pay $2M Settlement In Shorn OT Suit

    A $2 million settlement in a proposed class action alleging Supercuts failed to pay its managers proper overtime wages gained preliminary approval from a California federal judge Wednesday.

  • June 30, 2016

    Uber, Drivers Asked To Provide More Info In $100M Deal

    A California federal judge on Thursday ordered Uber and its drivers to produce more information over a proposed $100 million settlement in two class actions accusing the ride-hailing company of misclassifying drivers as independent contractors, ruling he couldn't yet determine if the deal was fair.

  • June 30, 2016

    NLRB Again Asks 5th Circ. To Nix Arbitration, Class Waivers

    The National Labor Relations Board has asked the Fifth Circuit to abandon its own precedent and back the agency’s position that arbitration agreements with class waivers are unlawful, urging the court in an appellate briefing to enforce the NLRB’s order that retail clothing chain Citi Trends change its arbitration policy.

  • June 30, 2016

    Ex-AXA Broker Tells Jury Underling Sent Unapproved Emails

    Broker Steven S. Novick said Thursday at his $20 million breach of contract trial against two AXA units that he sent an email about an unapproved potential investment to one of his then-bosses, but blamed a former subordinate for dozens of similar unauthorized missives even though they were sent under his name.

  • June 30, 2016

    Oral Arguments Spill Into Hallway In FLSA Suit, Judge Told

    A business owner accused of violating the Fair Labor Standards Act cursed and threatened to "crush" the Indian ex-employee who brought the case outside the very courtroom where it was being heard, the pro se plaintiff wrote a New York federal judge. 

  • June 30, 2016

    2nd Circ. Ruling Doesn’t Apply To Insurance Dispute: Judge

    A New York federal judge Wednesday rejected arguments by the Evanston Insurance Co. that a Second Circuit ruling negates his decision the insurer must pay to defend a company against an employee lawsuit.

  • June 30, 2016

    NJ Military Contractor Settles Fraud Claims For $1.1M

    A New Jersey-based military contractor, its parent company and affiliates have agreed to pay $1.1 million to resolve civil claims that they used shell companies to bill for more work than was actually performed in a contract involving the Kuwait-Iraq war zone, U.S. Attorney Paul Fishman said Thursday.

  • June 30, 2016

    Girardi Keese Could Get Costs In Nixed Excessive Fee Row

    A California judge Thursday indicated he would award costs to Girardi Keese in a dismissed lawsuit claiming the firm charged excessive fees in a Lockheed Martin class action that settled for $131 million, but possibly less than half of the $102,000 requested.

  • June 30, 2016

    Pa. Atty Suspended 5 Years For Abusing Judicial System

    The Pennsylvania Supreme Court on Thursday accepted an attorney disciplinary board’s recommendation to suspend a Delaware County lawyer for five years for repeatedly and improperly attempting to re-litigate issues in a breach of contract suit he lost on behalf of his wife, and impugning the integrity of state judges.

  • June 30, 2016

    PGA Tour Locks Horns With Singh Over Antler Spray Report

    The PGA Tour is opposing an expert's revised report that pro golfer Vijay Singh filed in his lawsuit alleging the tour wrongly suspended him for using deer antler spray, saying Tuesday in a Manhattan court that the document is trying to sneak in new arguments about the suspension's effect on Singh's career.

  • June 30, 2016

    Sen. Chides NHL Commish For 'Dismissive' CTE Comments

    U.S. Sen. Richard Blumenthal is pressing National Hockey League Commissioner Gary Bettman for answers about the league’s stance on concussions, amping up public and political pressure on the sport as it faces sweeping multidistrict litigation over head injuries.

  • June 30, 2016

    Transamerica Settles ERISA Excessive-Fee Suit For $3.8M

    An Iowa federal judge has preliminarily approved a $3.8 million class action settlement in an excessive-fee lawsuit brought against Transamerica Corp. by some of its employees, who claimed the company did not live up to its fiduciary duty under the Employee Retirement Income Security Act with its 401(k) plan.

  • June 30, 2016

    Dentons Names Gay Rights Pioneer As Senior Counsel In NY

    Evan Wolfson, an internationally recognized gay rights advocate and civil rights lawyer who is considered the architect of the marriage equality movement, has joined Dentons as senior counsel in New York, the global law firm recently announced.

  • June 30, 2016

    OSHA Fines Car Parts Co. $3.4M For Faulty Temp Training

    An Ohio auto parts manufacturer was fined $3.4 million by the U.S. Occupational Safety and Health Administration on Wednesday for weak safety controls and a lack of training for its temporary workers after two employees were seriously injured in accidents at the plant this year.

Expert Analysis

  • LA Paid Sick Leave Law: Another Bitter Pill To Swallow

    Laura P. Worsinger

    Los Angeles' newly enacted sick leave ordinance essentially doubles the minimum amount of paid sick leave employers must provide to their employees. Given the complicated nature of the city ordinance's overlap with California state law, compliance challenges facing employers are significant, says Laura Worsinger at Dykema Gossett PLLC.

  • Political Speech Versus Title VII – Which Trumps Which?

    Martha M. Lemert

    In a normal election year, political speech in the workplace might not raise concern. However, the controversial rhetoric defining the 2016 election cycle brings forth a new and stealthy medium of hostility and harassment and employers are faced with something of a quandary when employees voice support for candidates with extreme views, say Martha Lemert and Angela Johnson at Faegre Baker Daniels LLP.

  • RFP Lessons: A General Counsel's List Of Law Firm Mistakes

    Dave Sampsell

    All too often, law firm financial proposals are too complicated, making them contingent on a host of different assumptions. This makes determining the value of the proposal extremely difficult, and the odds increase dramatically that the proposal will be disregarded, says Dave Sampsell, general counsel of Digi International Inc.

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • EB-5 Investors Could Fill The Restaurant Funding Void

    Roger A. Bernstein

    Restaurants seeking to expand are finding traditional financing options hard to come by, but the EB-5 program is proving to be a viable alternative. Restaurants are easy for foreign investors to understand and the food industry creates more jobs than virtually any other U.S. business sector, says Roger Bernstein at American Life Investments LLC.

  • The DOJ’s Increased Focus On Environmental Criminal Cases

    Barak Cohen

    The U.S. Department of Justice has voiced its commitment to prosecuting more criminal environmental cases. In some instances, this effort may result from more investigations or resources committed to bringing such cases. More startling, though, is that other instances reflect a change in prosecutorial discretion, so that more serious criminal cases may be brought in new contexts, say attorneys at Perkins Coie LLP.

  • Global Employment Handbooks: 1 Size Does Not Fit All

    Susan F. Eandi

    Investing in handbooks for a global workforce pays dividends in several respects, and while a truly one-size-fits-all, single, global handbook is a bit of a unicorn, there are ways to accomplish the same result while being compliant with local laws, say attorneys at Baker & McKenzie LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • Making Rule 68 Offers Of Judgment In Employment Cases

    Excerpt from Lexis Practice Advisor
    A. Jonathan Trafimow

    Federal Rule of Civil Procedure 68 provides defendants with the ability to make an offer of judgment in order to pressure plaintiffs to settle. Jonathan Trafimow at Moritt Hock & Hamroff LLP outlines whether and how to make an offer of judgment in employment cases, the potential benefits and disadvantages, and the various state and federal laws that govern Rule 68.

  • Tips For Drafting Best-Interest Contracts Under DOL Rule

    Clifford Kirsch

    Practitioners drafting agreements to satisfy the U.S. Department of Labor’s new best-interest contract exemption will need to ensure the contract also conforms to the financial institution’s related customer agreements and disclosures and employs terms designed to protect the firm, say Clifford Kirsch and Allison Wielobob of Sutherland Asbill & Brennan LLP.