Employment was at the forefront in the opening stages of Monday’s highly anticipated presidential debate, where Hillary Clinton spoke about her plans to help workers and Donald Trump emphasized the need to keep jobs in the U.S.
The U.S. Department of Labor said Monday it has launched a "top-to-bottom" review of Wells Fargo & Co. employment practices over the past several years in light of revelations the bank instituted an aggressive sales strategy that resulted in the opening of millions of unauthorized accounts.
A pair of New Jersey state senators have introduced legislation that would prevent employers from asking job applicants about their salary history and from relying on that information to determine potential wages at any stage during the hiring process, Senate Democrats announced Monday.
Infosys Technologies Ltd. Inc. asked a Wisconsin federal court Friday to rule in its favor in a putative class action brought by four white individuals who claim the company discriminated against them based on their non-South Asian national origin and race, saying the evidence fails to show any reverse discrimination.
Family Dollar Inc. urged a California judge at a hearing Monday to throw out meal and rest break claims a former assistant manager is pursuing under the state’s Private Attorney General Act, saying he didn’t exhaust administrative remedies before filing suit and it’s too late to correct that error.
Buchalter Nemer PLC announced it has hired the former chair of Greenberg Traurig LLP’s Phoenix labor and employment practice and two tax attorneys from Frazer Ryan Goldberg & Arnold LLP, bolstering the firm's Scottsdale, Arizona, office.
A Washington federal jury awarded $5.1 million to A.H. Lundberg Associates Inc. Friday after finding its former customer TSI Inc. hired away a vital Lundberg employee and stole the company's wood-drying technology.
Under a measure signed by California Gov. Jerry Brown on Saturday, actors and other industry professionals can scrub their ages from online entertainment employment service provider sites such as IMDb.com Pro, marking a victory for the union that backed the proposal.
Palantir Technologies Inc. was accused Monday by the U.S. Department of Labor’s government contracts monitor of discriminating against Asian job applicants, which said in a lawsuit that the odds the company hired so few Asians by chance were “one in a billion.”
A California state judge ordered Pacific Investment Management Co. on Monday to let co-founder Bill Gross' lawyer interview the investment company's CEO and 11 other directors in Gross' $200 million suit alleging the firm forced him out.
Blue Cross Blue Shield of Michigan continued to press a federal court Friday to pare down the Little River Band of Ottawa Indians’ suit alleging the insurer mismanaged the tribe’s employee benefit plan under the Employee Retirement Income Security Act, arguing it had no duty to cap health care claims at certain rates.
Two whistleblowers haven’t sufficiently argued that CareFlite, a Dallas-area nonprofit that provides ambulance services, systemically billed Medicare or Medicaid for more advanced services than it provided, a Texas federal judge said on Monday in dismissing the False Claims Act suit.
Seeking a favorable judgment, Bass Pro told a Houston federal court Friday that the U.S. Supreme Court's recent Tyson decision has “profound” implications for the U.S. Equal Employment Opportunity Commission's hiring discrimination allegations against the outdoor goods retailer.
The U.S. Supreme Court has taken an unprecedented number of False Claims Act cases in recent years, and issues posed by numerous pending petitions — as well as those bubbling up in lower courts — will likely result in that trend continuing.
A California federal judge on Monday shot down a bid for class certification in a Fair Labor Standards Act suit against from J.P. Morgan Chase & Co. for underpaid wages, saying a former private client banker didn't prove others in his role had similar experiences of being forced to work off-the-clock.
The New Jersey Supreme Court said Friday it will review a finding that the state attorney general cannot subpoena two former employees of a pharmacy benefits company targeted in a False Claims Act suit because the deadline had passed for the state to intervene in the case.
Schneider National Carriers Inc. truck drivers told a California federal judge Friday that a serial objector shouldn’t be allowed to derail their $28 million settlement in a certified wage-and-hour class action alleging Schneider didn’t offer proper meal and rest breaks, saying class members have overwhelmingly backed the deal.
The U.S. Equal Employment Opportunity Commission hit a Hawaii Harley Davidson dealership chain with a suit in federal court on Friday alleging it retaliated against an employee for advising co-workers on how to file a hostile work environment claim for racial harassment.
Energy equipment maker Dresser-Rand Co. did not violate the National Labor Relations Act when it locked out workers during contract negotiations, the Fifth Circuit ruled Friday, reversing part of an order from the National Labor Relations Board.
The U.S. government on Friday again defended its request that a federal judge offer clarification on his block of federal guidance that public schoolchildren be allowed to use the bathroom matching their gender identity, arguing that states challenging the directive, led by Texas, are trying to apply the ruling too broadly.
With summer 2016 well behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. From the looming overtime regulations to equal pay legislation and class action waivers, Joel Barras and Mark Goldstein of Reed Smith LLP dissect several of the developing trends in this arena.
Parallel criminal and civil proceedings in False Claims Act cases raise important and troublesome issues for the defense, including protecting the defendant’s Fifth Amendment rights while mounting a robust defense in the civil case. But, as shown in recent decisions from the Eastern District of Kentucky and Southern District of New York, parallel proceedings may also prove challenging to the U.S. Department of Justice, say Tony Mai... (continued)
Illinois' recently enacted Freedom to Work Act prohibits nongovernmental employers from entering into noncompete agreements with low-wage employees. The new law is part of a greater focus by state and federal governments on ensuring the mobility of low-wage workers and preventing potential abuse of noncompete agreements, say Jim Witz and Abiman Rajadurai at Littler Mendelson PC.
The Eighth Circuit’s opinion in U.S. v. Anesthesia Associates is the most recent in a line of cases suggesting that a provider faced with a potentially ambiguous regulation or statute can protect itself from potential False Claims Act liability by taking steps to ensure that its interpretation of the ambiguous provision is reasonable under the circumstances, says Taylor Chenery of Bass Berry & Sims PLC.
Wearable device data may be the next big thing in the world of evidence for employment cases. Given the nature of the information captured, it is easy to see how this type of data may be relevant to claims of disability discrimination, workers’ compensation and even harassment, say Karla Grossenbacher and Selyn Hong of Seyfarth Shaw LLP.
Following the National Labor Relations Board's recent ruling allowing teaching and research assistants to unionize, university administrators should take note of the board's aggressive agenda toward employers. Many employment practices that have heretofore seemed common and acceptable are now not in the eyes of the NLRB, says Amy Strauss of Fisher Phillips.
There has been little discussion of the potential impact of the Yates Memo on parallel civil litigation — particularly product liability and other types of mass tort litigation — or of the reactionary measures that companies and their executives and other employees may be taking in response, says Geoffrey Drake of King & Spalding LLP.
As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.
Three months after the U.S. Supreme Court's Escobar decision, we can see some trends emerging in False Claims Act decisions that may give contractors a ray of hope, say Bradley Wine and Daniel Chudd of Morrison & Foerster LLP.
While laws prohibiting pay discrimination have been around for decades, recent legislative and regulatory changes have propelled pay equity into the spotlight. This renewed focus creates new challenges for compliance-minded employers that not only strive to achieve fair pay practices, but also seek to minimize the risk of pay equity claims, say Liz Washko and Lara de Leon of Ogletree Deakins Nash Smoak & Stewart PC.