Employment

  • February 5, 2016

    GCs Name Favorite Employment Lawyers

    In-house counsel from large companies have named 28 labor and employment lawyers as among the best at client service, an honor they achieved by being experts at solving client problems with a forward-looking perspective on client objectives.

  • February 5, 2016

    GCs Name Best Of The Best Attorneys

    More than 60 lawyers have been recognized by corporate counsel for cracking the code of client satisfaction and standing out among their peers for at least two years straight.

  • February 5, 2016

    8 Firms Boast The Most Client-Savvy Attorneys

    The names of eight law firms were repeatedly on the lips of general counsel this year as they reported which attorneys stood out to them as the best of the best in client service.

  • February 5, 2016

    Judge Closes Claims In 'Appalling' Cinemark Wage Suit

    A California district judge on Thursday brought an end to wage and break time violation claims brought by Cinemark USA Inc. workers against the movie theater chain in a case he had recently found “appalling” to still be alive.

  • February 5, 2016

    Car Parkers Take Jagger, Apatow Firms Off Hook In OT Suit

    Two parking assistants put the brakes on claims that production companies headed by Judd Apatow and Mick Jagger stiffed them on wages, but then refiled the collective and class action cases against new defendants, according to New York federal court documents.

  • February 5, 2016

    Filene's Basement Blasts Ex-CEO Syms' Bid For Severance

    Filene's Basement is fighting an attempt by Marcy Syms, former chief of the retailer’s corporate parent Syms Corp., to recover severance from the company, calling the request a “cash grab” in documents filed Friday in Delaware bankruptcy court.

  • February 5, 2016

    Iams' Parent Co. Dumps Suit Over Cat Food 'Slave Labor'

    The Iams Co. is off the hook in a proposed consumer class action over whether the company hid that the fish in its cat food was caught by slaves in Thailand, according to a California federal judge who found businesses don’t have to tell customers about their labor practices on labels.

  • February 5, 2016

    Pizza Hut Pays $3.1M To End Drivers' Wage Row

    Pizza Hut of America Inc. will pay $3.1 million to settle a class action brought by Florida delivery drivers who accused the company of failing to provide proper expense reimbursement, according to a document filed by the drivers in Florida federal court on Friday.

  • February 5, 2016

    UnitedHealth Accused Of Deceiving Court In Lap-Band Suit

    An ex-physician being sued by UnitedHealth as part of larger litigation over whether the insurer must pay for certain weight-loss surgeries under employee health plans told a California federal court Friday that the insurer committed fraud on the court when it opposed his attempt to disqualify the judge.

  • February 5, 2016

    W.Va. House Passes Right-To-Work Bill

    The West Virginia House of Delegates narrowly approved legislation Thursday that would allow employees to opt-out of paying union fees, putting the state on the verge of becoming the 26th right-to-work state in the U.S.

  • February 5, 2016

    Munsch Hardt Scoops Employment Vet In Texas

    Munsch Hardt Kopf & Harr PC said Friday it has brought aboard a seasoned labor and employment partner in its Austin, Texas, office, who has a client base that includes national retail, restaurant, hospitality, manufacturing, health care and technology companies.

  • February 5, 2016

    Ex-Tribal Leaders Rip 'Straw Man' Claims In Embezzlement Suit

    Four former leaders of the Paskenta Band of Nomlaki Indians urged a California federal judge Thursday to keep alive their claims that the tribe’s chairman and his purported allies knew of and shared fault for the ex-leaders’ alleged embezzlement, saying they advanced “straw-man” arguments to evade responsibility.

  • February 5, 2016

    Uber Tells 9th Circ. Arbitration Orders Violate Free Speech

    Uber on Thursday pushed the Ninth Circuit to ax rulings in underlying California litigation with drivers halting the ride-hailing company’s presentation of contested arbitration agreements to prospective drivers, arguing the injunction is a violation of its First Amendment right to free speech.

  • February 5, 2016

    Obermayer Snags Ex-CGA Law Firm Employment Atty

    Obermayer Rebmann Maxwell & Hippel LLP has bolstered the labor relations and employment law department in its Harrisburg, Pennsylvania, office with the addition of a former CGA Law Firm attorney who concentrates his practice on employment, labor and construction law for school districts, municipal entities and private employers.

  • February 5, 2016

    Chicago To Settle DOJ Police Hiring Suit For $3.1M

    The Chicago Police Department will pay $3.1 million to settle a U.S. Department of Justice lawsuit brought Friday claiming the department discriminated against foreign-born applicants through its policy of only hiring people who have lived in the U.S. for the last 10 years.

  • February 5, 2016

    Background Check Co. Hit With FCRA Class Action

    Background check company Accurate Background Inc. was hit with a proposed class action in California federal court Thursday alleging the company performed consumer background checks for employment purposes in violation of federal consumer protection law.

  • February 5, 2016

    NJ High Court Won't Hear Bishop Rosen's Arbitration Row

    The New Jersey Supreme Court has declined to disturb rulings that Bishop Rosen & Co. Inc. can’t compel arbitration in the lawsuit one of its former stockbrokers filed over the financial burden from a client dispute because language in industry documents is too vague.

  • February 5, 2016

    Ex-Pepper Hamilton Atty Agrees To End ADA Suit

    A former project attorney for Pepper Hamilton LLP who sued the firm for allegedly violating the Americans with Disabilities Act and failing to accommodate his sleeping disorder will not proceed to a trial scheduled to start Monday after reaching an agreement to resolve the matter, as indicated in a Friday court filing.

  • February 5, 2016

    DOL Tells 2nd Circ. 'Black Car' Drivers Not Contractors

    A U.S. Department of Labor attorney on Friday urged the Second Circuit to overturn a judge's finding that "black car" drivers who ferry corporate lawyers and bankers around Manhattan are independent contractors, seeking to revive a proposed class action alleging wage violations.

  • February 5, 2016

    Lewis Brisbois Expands With 7-Lawyer Team In Raleigh

    Lewis Brisbois Bisgaard & Smith LLP has absorbed the seven remaining practicing lawyers from Patterson Dilthey LLP to launch a Raleigh, North Carolina, office, bringing the team’s experience handling professional and medical malpractice defense, product liability, insurance, construction, workers’ compensation and appellate disputes.

Expert Analysis

  • When Workplace Recording Restrictions Are Deemed Unlawful

    Miguel A. Manriquez

    In its case with Whole Foods Market Group Inc., the National Labor Relations Board held that an unqualified prohibition of all workplace audio recording was unlawfully overbroad, meaning employers may still regulate recordings, but the rules must be narrowly drawn and must be connected to an overriding employer interest, say attorneys at Michael Best & Friedrich LLP.

  • New Insights For ERISA Standards On Benefit Determinations

    Roy W. Breitenbach

    In Josephson v. Oxford, the New York State Supreme Court found that the health plan’s conflict of interest did, indeed, affect certain of the health plan’s benefit determinations. The ruling provides a useful analysis of the Employee Retirement Income Security Act standards involved in determining whether benefit determinations are arbitrary and capricious, say attorneys at Garfunkel Wild PC.

  • Employer Lessons From Chipotle’s Multiplaintiff Jury Trials

    Ellen R. Storch

    The evidence in a recent lawsuit brought against Chipotle by seven female managers alleging discriminatory termination based on gender is subtle but still offers important insights because the case shows how slightly improved human resources practices can allow employers to avoid liability for alleged discrimination, says Ellen Storch at Kaufman Dolowich & Voluck LLP.

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • Navigating The Legal Minefield Of Politics In The Workplace

    David L. Barron

    Welcome to the 2016 election season, one that will cause employers across the country to take a long look at their policies on political discussion in the workplace. With this election year shaping up to be full of controversial candidates and strong feelings on both sides of the political aisle, David Barron of Cozen O'Connor PC offers tips to help employers lawfully enact policies and avoid unnecessary litigation.

  • California Supreme Court In 2015: A Year In Transition

    Kirk C. Jenkins

    One year after the appointment of two new justices, the statistical evidence for any marked shift at the California Supreme Court is decidedly mixed, says Kirk Jenkins of Sedgwick LLP.

  • The High Court's Debate Over 'Fair Share' Union Fees

    Brian E. Hayes

    The issues in Friedrichs v. California Teachers Association mesh constitutional principles with matters of public policy and pure politics. While many factors are at play, a decision overturning the U.S. Supreme Court’s precedent would likely usher in a pattern of decline in union revenues and require a reliance on voluntary membership, says Ogletree Deakins shareholder and former National Labor Relations Board member Brian Hayes.

  • The Illinois Supreme Court In 2015: A Statistical Analysis

    Kirk C. Jenkins

    Last year, the Illinois Supreme Court's centrist justices were once again in the majority in most civil and criminal cases. Meanwhile, the court maintained its extraordinarily high rate of unanimity, while significantly decreasing the lag time between arguments and decisions, says Kirk Jenkins of Sedgwick LLP.

  • Fraud Trends For 2016 In 1 Word: Technology

    Gerry Zack

    The photo of a cat that an employee emails may actually contain some of the organization's most sensitive information. Steganography — a technique for hiding something in plain sight — has become a standard practice for cybercriminals in the last year and will continue to gain momentum in 2016, says Gerry Zack of BDO USA LLP.

  • Why Colleges Are Likely To Face More Title IX Lawsuits

    Daniel A. Kaufman

    A California federal court recently recognized sexual orientation discrimination as a cause of action under Title IX. While educational institutions have faced similar claims from the Office for Civil Rights in administrative proceedings, the ruling is significant because it increases the likelihood that such entities will face lawsuits alleging Title IX claims and seeking monetary damages, say attorneys at Michael Best & Friedrich LLP.