Employment

  • October 1, 2014

    Stockton Ch. 9 Judge Rules Cities Can Cut Pensions

    The judge presiding over Stockton, California’s bankruptcy said Wednesday that the city can cut its pension obligations to the California Public Employees' Retirement System, a monumental decision that could reshape municipal insolvencies in the state.

  • October 1, 2014

    EEOC Fires Off 2nd-Ever ADA Suit Over Co. Wellness Program

    A plastics manufacturer illegally required its worker to either undergo a health risk assessment and biometric test or suffer costly consequences, the U.S. Equal Employment Opportunity Commission alleged Tuesday in its second Americans with Disabilities Act suit over a company wellness program.

  • October 1, 2014

    EEOC’s Laundry Worker Sex Harassment Case Left Intact

    A New York federal judge refused Wednesday to toss hostile work environment claims from Suffolk Laundry Services Inc. workers who said they were repeatedly sexually harassed, leaving intact a case being pursued by several women and the U.S. Equal Employment Opportunity Commission.

  • October 1, 2014

    10th Circ. Dow Ruling Shows Class Actions Alive And Well

    The Tenth Circuit's recent decision to uphold a $1 billion judgment against Dow Chemical Corp. in an antitrust class action shows that plaintiffs can still clear the U.S. Supreme Court's heightened bar for class certification with detailed analysis tying their injuries to the alleged wrongdoing, attorneys say.

  • October 1, 2014

    NYC Living Wage Order Looms Over Restaurant, Retail Deals

    A mayoral executive order signed on Tuesday raising the minimum wage for certain subsidized building projects in New York City is expected to chill restaurant, bar and retail lease deals for those properties and raises new liability issues for those businesses, attorneys say.

  • October 1, 2014

    Dura Auto Workers Want 6th Circ. To Rehear Drug Test Case

    Workers for Dura Automotive Systems Inc. on Tuesday urged the Sixth Circuit to grant an en banc rehearing in their lawsuit over employee drug testing, saying an appellate panel had erred in finding that Dura's requirements didn't constitute medical exams or disability-related inquiries under the Americans with Disabilities Act.

  • October 1, 2014

    New York Power Co. Zapped With $7M Asbestos Verdict

    A New York state jury has blasted National Grid Generation LLC, the successor to Long Island Lighting Co., with a $7 million verdict in a lawsuit claiming a contractor developed terminal cancer as a result of being exposed to asbestos during construction of a power station.

  • October 1, 2014

    7th Circ. Rightly Nixed $9M FCA Verdict, Nursing Home Says

    An Illinois nursing home on Wednesday urged the Seventh Circuit not to reconsider its panel decision overturning a $9 million False Claims Act judgment against the company, saying whistleblowers had failed to prove even a single false claim.

  • October 1, 2014

    Daimler Plant Under Fire For Alleged Racial Discrimination

    Oregon’s labor commissioner on Wednesday accused Daimler Trucks North America LLC of allowing racial discrimination at a Portland plant, alleging white workers used racial slurs and sabotaged minorities’ work, causing some to get fired. 

  • October 1, 2014

    EEOC Taps New Chief For Cleveland Outpost

    The U.S. Equal Employment Opportunity Commission on Tuesday announced that a longtime staffer will take charge of the agency's Cleveland field office.

  • October 1, 2014

    Paul Hastings Can't Undo DQ In Toshiba Secrets Row

    A California appeals court on Tuesday refused to undo an order blocking Paul Hastings LLP from representing a Korean semiconductor company in trade secrets litigation brought by Toshiba Corp. and SanDisk Inc., after a judge found the firm was conflicted out of the case.

  • October 1, 2014

    NLRB Faults Cleaning Co. For Not Hiring Union Workers

    The National Labor Relations Board on Tuesday faulted a company that took over a janitorial services contract for refusing to hire unionized workers to clean, and also overturned a standard used in applying the appropriate remedy in similar successorship cases.

  • October 1, 2014

    Ex-Perdue Worker's Same-Sex Harassment Case Falls Short

    A Delaware federal judge threw out a same-sex harassment and retaliation suit against Perdue Farms Inc. Tuesday, finding that a former worker hadn't backed up his allegations with sufficient evidence showing that his alleged harassers were gay and desired him sexually. 

  • October 1, 2014

    Covidien Unit Escapes FCA Suit Over Off-Label Marketing

    A Massachusetts federal judge on Tuesday tossed a whistleblower’s False Claims Act suit accusing a Covidien Ltd. subsidiary of, among other things, promoting off-label uses for its blood-blockage device, saying the suit was precluded by the public disclosure bar and a lack of evidence.

  • October 1, 2014

    EEOC Hits Texas Oilfield Co. Over Alleged Sex Bias

    The U.S. Equal Employment Opportunity Commission on Tuesday sued a Texas oilfield services company, alleging the business fired its only female roustabout employee after she complained of sexual harassment.

  • October 1, 2014

    Casino Expansion Can't Be Rush Job, NJ Senate Chief Says

    The powerful head of the New Jersey Senate told Law360 that he could support a constitutional amendment to expand casino gambling but that clashes over pension funding and finding money to support transportation infrastructure are among the most pressing concerns for his house in the coming months.

  • October 1, 2014

    Mayer Brown Snags Veteran ERISA Atty From McDermott

    Global law firm Mayer Brown has announced it has hired a notable McDermott Will & Emery LLP litigator as partner to bolster its employment and Employment Retirement Income Security Act litigation practice in Chicago.

  • September 30, 2014

    Burger King Franchisee’s Policies Ripped By NLRB Judge

    A Detroit-area Burger King franchisee's policies barring off duty workers from being on its premises and prohibiting solicitation are unlawful, a National Labor Relations Board judge said Monday, panning the argument that the rules were justified because the restaurants were in high-crime areas.

  • September 30, 2014

    High Court Ducks Thorny Tolling Clash In IndyMac Reversal

    When the U.S. Supreme Court on Monday reversed its decision to hear a long-anticipated appeal over whether a tolling provision should apply to certain securities class actions, it left in place a potentially damaging circuit split over the timing of investor opt-out rights and caused many observers to scratch their heads.

  • September 30, 2014

    6th Circ. Says Wis. Leave Law Preempted In Nationwide Case

    The federal Employee Retirement Income Security Act overrides a Wisconsin family leave law, the Sixth Circuit said Tuesday, clearing Nationwide Mutual Insurance Co. of claims that it had improperly denied an employee short-term disability benefits several weeks after she gave birth.

Expert Analysis

  • Delving Deeper Into Duran

    Brian Kriegler

    The California Supreme Court's ruling in Duran v. U.S. Bank National Association is a potential game-changer for wage and hour class actions by suggesting that certification is the stage at which trial courts should address whether a class action is appropriate and whether the parties’ proposed use of statistical methods will offer informative results to a trier of fact, says Brian Kriegler of Econ One Research Inc.

  • NYC Council Looks To Restrict Pre-Employment Inquiries

    Mark S. Goldstein

    Although the New York City Council is not the first to propose a law limiting employers' use of credit histories during the hiring process, the Stop Credit Discrimination in Employment Act appears to be the most restrictive, says Mark Goldstein of Reed Smith LLP.

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • The Coming Tide Of Website Disability Claims Under ADA

    Steven R. Becker

    Actions taken by large retailers and the U.S. Department of Justice hint at a movement toward requiring private sector websites to become compliant with the Americans with Disabilities Act, says Steven Becker of Vorys Sater Seymour and Pease LLP.

  • 12 Tips For Franchisors To Reduce Joint-Employer Risks

    Rochelle Spandorf

    In a joint-employer or vicarious liability case, providing a template employee manual is a bad fact — it does not matter how skeletal the template may be, says Rochelle Spandorf, chairwoman of Davis Wright Tremaine LLP's national franchise practice.

  • Pushing Employees To Work During FMLA Leave Can Backfire

    Anne R. Yuengert

    Although we don't know if the Eleventh Circuit's ruling in Evans v. Books-A-Million Inc. is a trend to provide expanded protection to pregnant workers, the case does make clear that simply paying employees who work during leave will not insulate the employer from an interference claim, says Anne Yuengert of Bradley Arant Boult Cummings LLP.

  • Timing Is Everything In 'Take-Home' Asbestos Cases

    Douglas B. Pfeiffer

    Foreseeability continues to be the most important consideration in "take-home" asbestos exposure cases and Bootenhoff v. Hormel Foods Corp. demonstrates the importance of the time frame of the employee’s alleged exposure in cases based on negligence, say attorneys at Miles & Stockbridge PC.

  • Pension Plan Minefields For Distressed Auto Equipment Cos.

    Jim Lukenda

    Few people understand the complexities of defined benefit pension plans, particularly those of distressed companies. For attorneys who work with clients or lenders in the automotive equipment business, these issues can be difficult to navigate without guidance on the complicated and sometimes arcane issues involved, say Laura Marcero and Jim Lukenda of Huron Consulting Group.

  • Should FIRREA Whistleblower Bounties Be Higher?

    Andrew W. Schilling

    The Financial Institutions Reform, Recovery, and Enforcement Act’s whistleblower bounties at False Claims Act levels could lead to absurdly high and wastefully excessive awards. At the same time, U.S. Attorney General Eric Holder may be right when he suggests that awards capped below annual bonuses may not be enough to encourage confidential reporting by well-placed Wall Street insiders, says Andrew Schilling of BuckleySandler LLP.

  • Will DC Circ. Sidestep Dispute A Decade In The Making?

    Mike Wagner

    In the wake of the recent oral argument in UPMC Braddock v. Perez, it appears that the wait for definitive guidance on whether Federal Employees Health Benefits Plan network providers are "government subcontractors" may continue, say Jennifer Plitsch and Mike Wagner of Covington & Burling LLP.