Employment

  • March 31, 2015

    Meggitt Sanctions Bid In IP Row A Diversion: Ex-Engineer

    An ex-Meggitt Inc. engineer accused of stealing trade secrets blasted the British aerospace and defense engineering company on Monday for asking a California federal judge to issue a final judgment against him because of purported discovery violations, arguing the company has substituted sanctions for arguing the facts.

  • March 31, 2015

    DOJ Urges Judge To Allow FMLA Same-Sex Rule Change

    The U.S. Department of Justice on Tuesday urged a Texas federal judge to reconsider his order temporarily blocking the U.S. Department of Labor from enacting a new rule under the Family and Medical Leave Act that would extend protections to same-sex couples.

  • March 31, 2015

    Pao's Kleiner Gender Bias Case Doomed By Law, Personality

    Interim Reddit CEO Ellen Pao faced an uphill battle from Day 1 in her gender discrimination case against Kleiner Perkins Caufield & Byers LLC, both because sex discrimination is difficult to prove and because she's a tough, high-powered professional who doesn't come across as a victim, employment lawyers say.

  • March 31, 2015

    Chipotle Can't Escape EEOC's Disability Bias Claim

    A Massachusetts federal judge on Monday rejected a bid by the U.S. Equal Employment Opportunity Commission to obtain sanctions against Chipotle Mexican Grill Inc. over destroyed evidence in a disability discrimination case, but he also rejected the chain eatery's bid to have the case tossed. 

  • March 31, 2015

    Littler Mendelson Says It Didn't Give Bad Overtime Advice

    Littler Mendelson PC on Tuesday told a Texas court that it isn't responsible for $135,000 in back pay owed by the daughter of a Houston billionaire after she stopped paying overtime to domestic workers at her Houston mansion, arguing that Littler partner Kerry Notestine never advised her to stop payment.

  • March 31, 2015

    5th Circ. Won't Rehear Shell $19M FCA Suit

    The Fifth Circuit on Monday denied a petition for rehearing from Royal Dutch Shell PLC subsidiaries that wanted an en banc review of the ruling that revived two federal auditors’ False Claims Act suit alleging that the companies siphoned off $19 million in offshore drilling royalties.

  • March 31, 2015

    Don't Revive Wage Rule, Home Care Groups Urge DC Circ.

    A group of home care trade associations urged the D.C. Circuit Monday to uphold a decision vacating a U.S. Department of Labor regulation barring third-party employers from claiming a minimum wage or overtime exemption for “companionship” domestic workers, saying the district court acted properly.

  • March 31, 2015

    AIG, Other Insurers Pay FDIC $34M To Settle D&O Claims

    A Puerto Rican federal judge on Monday signed off on a $34 million settlement between a group of insurers and the Federal Deposit Insurance Corp., ending the regulator's claims seeking $176 million from former executives of Westernbank Puerto Rico.

  • March 31, 2015

    NLRB Won't Let Workers Drop Arbitration Pact Charge

    The National Labor Relations Board refused Monday to let ex-workers who sued a limousine company that made them sign allegedly unlawful arbitration pacts with class-action waivers withdraw their NLRB charge, though the ex-workers agreed to seek withdrawal as part of a settlement in a related wage suit.

  • March 31, 2015

    5 Tips To Handle Workplace Race Talks Better Than Starbucks

    The recent backlash to Starbucks Corp.'s "Race Together" push to stimulate discussion about racial issues shows how a bungled approach to workplace discussions about hot-button topics can expose employers to ridicule and even legal liability. Here are five tips that can help employers maintain an even keel when current events put a spotlight on race.

  • March 31, 2015

    Union Boss Wants Trade To Address Mexican Labor Climate

    The president of the Communications Workers of America on Monday implored the Obama administration to address Mexico's “systematic violations” of union rights through trade talks, bashing the country’s failure to crack down on dubious collective bargaining pacts and enforcement boards.

  • March 31, 2015

    KBR Wants FCA Suit Over ‘Excess’ War Zone Supplies Tossed

    Defense contractor KBR Inc. on Monday urged an Illinois federal judge to dismiss a False Claims Act suit brought by two ex-employees accusing it of buying excessive supplies that it stockpiled under a logistical support contract for Iraq and Afghanistan, saying the relators failed to detail any false claims.

  • March 31, 2015

    Obama Vetoes GOP Attack On NLRB's Union Election Rule

    President Barack Obama on Tuesday used the fourth veto of his presidency to block a Republican-backed Senate joint resolution that would have killed a new National Labor Relations Board rule allowing speedier union elections, saying that halting the rule would "block modest but overdue reforms" and harm private sector unionization efforts.

  • March 31, 2015

    Carnival Co. Bashes Worker Cert. Order In Visa, Wage Row

    A carnival company accused of underpaying employees and forcing them to pay visa expenses took issue with the workers’ proposed order for class certification Monday, saying their demands far exceed what was discussed in court.

  • March 31, 2015

    Ex-Merck VP Says Investors 'Overstate' Omnicare Impact

    Attorneys for a former Merck & Co. Inc. vice president accused of lying about study results on Vioxx's heart attack link told a New Jersey federal court Tuesday that, contrary to the investors' argument, the U.S. Supreme Court's recent Omnicare ruling actually supports his motion to dismiss the case.

  • March 31, 2015

    Navy Shipbuilder Slams Relators' Claims In FCA Row

    Defense contractor Austal USA Inc. urged an Alabama federal judge Monday to toss a whistleblower False Claims Act suit alleging it overbilled the government for higher salaries than it was paying, saying the allegations are vague and overly broad.

  • March 31, 2015

    Ex-Handler Atty Slams Orrick's Bid To Toss Firing Row

    An ex-Handler Thayer LLP attorney on Monday urged a New York federal judge to deny an Orrick Herrington & Sutcliffe LLP attorney’s bid to toss a suit claiming Orrick attorneys got him fired after he was sanctioned by the Second Circuit for trying to disqualify Orrick, arguing that his suit doesn’t violate court warnings.

  • March 31, 2015

    NLRB Orders New Union Vote at Caterpillar Warehouse

    A National Labor Relations Board panel on Monday affirmed a decision to order a new union election for employees at a Caterpillar Logistics Inc. warehouse in Clayton, Ohio, and further found that the company had given the impression it surveilled its employees’ union activities.

  • March 31, 2015

    NLRB Orders Reinstatement Of Undocumented Bakery Workers

    The National Labor Relations Board has ordered a New York City bakery to give back jobs to several undocumented immigrants it axed over a decade ago for participating in protected labor activities, provided they can show they are allowed to work in the U.S.

  • March 31, 2015

    Jury Awards $40M In Damages In Kraft Foods Plant Shooting

    A Philadelphia jury on Monday awarded nearly $40 million to the families of two women killed in a workplace shooting at a Kraft Foods Inc. plant against the security company whose employees guarded the facility.

Expert Analysis

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • Employers Should Learn From Clinton Email Kerfuffle

    Samantha L. Southall

    Hillary Clinton is not the first official to use personal email to conduct official business, but her example is a cautionary tale for private employers given security concerns, the Health Insurance Portability and Accountability Act and other possible privacy violations and document retention issues, say Samantha Southall and David Schumacher of Buchanan Ingersoll & Rooney PC.

  • Following The FCA's Public Disclosure Bar

    Lori L. Pines

    Although further clarification is needed, courts appear to be leaning toward interpreting the Affordable Care Act's amendments to the False Claims Act's public disclosure bar as a nonjurisdictional defense. Litigants in FCA cases must therefore be prepared for corresponding changes in motion practice, timing and overall burdens, say Lori Pines and Shireen Nasir at Weil Gotshal & Manges LLP.

  • Ride App Class Actions May Impact 1099 Business Model

    Richard J. Reibstein

    The separate decisions by federal judges in class actions against Uber Technologies Inc. and Lyft Inc. to permit juries to decide whether the companies' drivers are employees or independent contractors may have far-reaching implications for companies that use a 1099 business model and fail to properly structure and document independent contractor relationships, say attorneys at Pepper Hamilton LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • Mixed Messages On The Impact Of Young V. UPS

    Neal D. Mollen

    While the U.S. Supreme Court's extension of the Pregnancy Discrimination Act in Young v. United Parcel Service Inc. may well have little impact on employer policies, for Title VII litigation, the high court's description of the shifting burdens of proof is problematic, say Aaron Ver and Neal Mollen of Paul Hastings LLP.

  • Whistleblower Policies Could Create Contractual Rights

    Matthew S. Stiff

    After Leyden v. American Accreditation Healthcare Commission, employers might begin to reconsider their longtime affection for internal policies that profess a company’s commitment to protecting whistleblowers from retaliation, say Matthew Stiff and Debra Katz of Katz Marshall & Banks LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • NLRB Appears Poised To Overturn Brown University Ruling

    Daniel V. Johns

    The recent reversal of earlier dismissals of two union representation petitions from graduate students by the National Labor Relations Board has boosted unionization efforts by teaching and research assistants at private universities — the move could even pave the way for the NLRB to overturn its 2004 Brown University decision, say Daniel Johns and Emilia McKee Vassallo of Ballard Spahr LLP.

  • Determining ERISA Duties Post-Dudenhoeffer

    H. Douglas Hinson

    It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.