Employment

  • July 2, 2015

    Sports Agency Wage Suit Was Properly Served, Plaintiff Says

    The former vice president of business development at a Pennsylvania sports agency who sued the company and its CEO alleging unpaid wages asked a New York federal judge Wednesday to deny the CEO’s motion to dismiss the case over a claim the lawsuit was improperly served.

  • July 2, 2015

    Ex-Ill. Athletes Sue School, Coach For Racist Treatment

    A group of former players for the University of Illinois women’s basketball team sued the school and the team’s coaches in Illinois federal court on Wednesday, saying a pattern of racist treatment violated their rights and forced them to leave the school.

  • July 2, 2015

    Legal Secretary Sues Winston & Strawn For ADA Violations

    A Winston & Strawn LLP legal secretary slapped the law firm with a $6 million-plus suit on Thursday, alleging that the company violated the Americans with Disabilities Act by not accommodating her epilepsy-related symptoms and hearing loss, and intentionally inflicted emotional distress.

  • July 2, 2015

    UPS Shipping Charge FCA Suit Fails On 4th Delivery Attempt

    A California federal judge on Monday tentatively tossed for the fourth time a UPS worker’s False Claims Act suit alleging the shipping giant overcharged the federal government, saying the plaintiff hasn’t shown how he has any connection to the UPS unit that allegedly submitted the false claims.

  • July 2, 2015

    8th Circ. Urged Not To Rehear $42M NFL Player IP Deal

    The settling plaintiffs in a $42 million settlement between the NFL and nearly 25,000 players over the use of players' likenesses in NFL-sponsored TV shows told the Eighth Circuit on Thursday not to rehear the case, despite several former players’ request for a rehearing.

  • July 2, 2015

    Kaye Scholer Says Ex-Atty Not Fired Over EEOC Bias Charges

    Kaye Scholer LLP sought to dismiss six counts Wednesday from a former senior associate's $20 million suit alleging she was fired because of her gender and sexual orientation, contending she cannot demonstrate she was harmed for seeking a U.S. Equal Employment Opportunity Commission discrimination probe.

  • July 2, 2015

    Showdown Looms In 6th Circ. Over NLRB's Tribal Authority

    A recent Sixth Circuit opinion enforcing a National Labor Relations Board decision that struck down anti-union rules at a Michigan tribal casino laid bare the discord among the court's judges on the board's authority over tribal businesses and sets the stage for more fireworks, experts say.

  • July 2, 2015

    The Biggest Pa. Court Decisions Of 2015: Midyear Report

    While a focus on criminal matters has resulted in few blockbuster civil decisions by the Pennsylvania Supreme Court so far this year, major pharmaceutical trials in Philadelphia and a defense attorney’s ongoing fight over a $1 million sanction have grabbed the attention of business lawyers in the state in 2015. Here, Law360 takes a look at some of the major decisions and the cases to keep on your radar.

  • July 2, 2015

    2nd Circ.'s Fox, Hearst Rulings Won't Kill Intern Wage Suits

    The Second Circuit's rulings Thursday in intern wage cases against the Hearst Corp. and Fox Entertainment Group Inc. broke new ground, but while some see the decisions as a big win for companies, the appeals court hasn't slammed the door on suits seeking pay for former interns, lawyers say.

  • July 2, 2015

    Lewis Brisbois Opens In Oregon With Williams Kastner Attys

    Lewis Brisbois Bisgaard & Smith LLP opened the doors of its Portland, Oregon, office on Wednesday after poaching 12 health care, product liability, employment, transportation, insurance, toxic torts and litigation attorneys from Williams Kastner.

  • July 2, 2015

    Apple Store Employees Renew Cert. Bid In Bag-Check Suit

    Apple Inc. retail employees who claim they weren't paid for time spent undergoing required bag and technology checks renewed their bid for class certification in California federal court Thursday, arguing that the fact that they were all subject to Apple's inspection policy creates a common question.

  • July 2, 2015

    4th Circ. Upholds $237M FCA Verdict Against SC Hospital

    A struggling not-for-profit hospital in South Carolina can’t escape a $237 million jury verdict following a Fourth Circuit ruling Thursday that a district judge was right to order a new trial on a whistleblower's False Claims Act suit alleging violations of a controversial anti-kickback statute.

  • July 2, 2015

    Chipotle Must Face Workers' Comp Class Action: Calif. Court

    A California appeals court has revived a putative class action accusing Chipotle Mexican Grill Inc. of improperly using indirect employee payments to lower its workers compensation premiums, saying the chain violated state labor laws with the practice.

  • July 2, 2015

    Ex-NBA Head Coach Stiffed Talent Agency, Suit Says

    The former head coach for the National Basketball Association's Charlotte, North Carolina, team failed to pay a Creative Artists Agency affiliate $100,000 in commission for managing his career, the agency alleged in a recent New York state court complaint.

  • July 2, 2015

    NJ Health System Accused Of Disregarding Racist Insults

    A medical worker has slapped JFK Health System in New Jersey with a discrimination suit for allegedly failing to crack down on racist statements made by co-workers, including a doctor.

  • July 2, 2015

    Food Lion Settles EEOC Row Over Fired Jehovah's Witness

    A North Carolina minister working as a Food Lion LLC meat cutter scored a $50,500 settlement Thursday in a U.S. Equal Employment Opportunity Commission suit claiming the grocery chain fired him because he couldn't work on days he had Jehovah’s Witness services.

  • July 2, 2015

    OSHA Upholds Co's Liability In Murder Of Fla. Health Worker

    A judge for the federal Occupational Safety and Health Administration Review Commission has affirmed investigators' finding that Integra Health Management failed to protect a Florida employee who was murdered in 2012 by a client with a history of severe mental illness and criminal violence.

  • July 2, 2015

    Domino's Successfully Pushes Wage Row Into Arbitration

    A California state appeals court on Wednesday ruled that former employees of two Domino’s Pizza franchises whose proposed class action alleges failure to pay split shift premiums and other wages had to resolve their claims in arbitration.

  • July 2, 2015

    Montgomery McCracken Adds 2 Litigation Partners In Philly

    Montgomery McCracken Walker & Rhoads LLP announced on Wednesday that it has expanded its litigation department in Philadelphia with the addition of two partners coming from Anderson Kill PC and Kaufman Coren & Ress PC with several decades' worth of experience in commercial litigation and related fields.

  • July 2, 2015

    5th Circ. Hands Victories To Texas, Miss. Same-Sex Couples

    Four same-sex couples from Texas and Mississippi won the right Wednesday to have their marriages recognized in their respective states, after last week's landmark U.S. Supreme Court decision that made same-sex marriage a constitutional right under the 14th Amendment.

Expert Analysis

  • Could Chief Justice Roberts Have Concurred In Obergefell?

    Janice Mock

    Chief Justice John Roberts' dissenting argument in Obergefell v. Hodges misses the point entirely. If the U.S. Supreme Court has any rights at all, such rights surely include the ability to ensure that states don’t create laws — in Obergefell, bans on same-sex marriage — that abridge a citizen’s right to life, liberty and the pursuit of happiness, says Janice Mock of Nossaman LLP.

  • Tips For Protecting Trade Secrets In China

    Ruixue Ran

    It will take time to improve China’s recognition and enforcement of intellectual property protection, and to harmonize China’s fragmented patchwork of laws and regulations governing trade secrets enforcement. But reported improvements — such as easier filings, simplified trial procedures and shorter hearings at the new IP courts — provide hope that progress will continue, say attorneys with Covington & Burling LLP.

  • Did 'America's Sexiest Man' Almost Doom The ACA?

    Kim Wilcoxon

    Although former Republican Massachusetts Sen. Scott Brown didn't cast the deciding vote in the U.S. Supreme Court's 5-4 ruling in King v. Burwell, the one-time Cosmopolitan magazine pick for "America's Sexiest Man" played a significant role in the legal trials and tribulations of the Affordable Care Act, says Kim Wilcoxon of Thompson Hine LLP.

  • Wrapping Your Head Around NJ Workers' Comp Jurisdiction

    Timothy R. Freeman

    The practical effect of the New Jersey Supreme Court's ruling in Estate of Kotsovska v. Liebman may be to discourage the filing of petitions for workers' compensation benefits and to encourage litigation in the state's courts regarding employment status after a workplace injury has occurred, says Timothy Freeman of Sedgwick LLP.

  • 7th Circ. Rejects FCA Implied False Certification Theory

    Emily Theriault

    The Seventh Circuit’s recent ruling in U.S. v. Sanford-Brown Ltd. — a welcome decision for government contractors — runs against the tide of circuits adopting variations of the False Claims Act implied false certification theory, says Emily Theriault of Sheppard Mullin Richter & Hampton LLP.

  • The Sharing Economy's Next Phase: The Active Venue Firm

    Michael A. Troncoso

    Grocery delivery startup Instacart’s new worker classification approach reflects an emerging trend in how the sharing economy navigates its central dilemma — ensuring flexibility and freedom for its workforce, while maintaining quality and safety. More sharing economy firms are likely to use Instacart’s approach — becoming what I call an "active venue firm" — especially for services that are complex, sensitive or require intensive ... (continued)

  • Citizen-Employee Speech After Lane V. Franks

    Kyle D. Winnick

    Lower court decisions are in disagreement as to what extent, if at all, the U.S. Supreme Court's ruling in Lane v. Franks qualified Garcetti v. Ceballos' central holding that only public employees' "citizen speech" is protected. Because courts characterize job responsibilities differently, their definitions of employee and citizen speech vary, says Kyle Winnick of Maduegbuna Cooper LLP.

  • The Truth About Variable Annuities

    Rhett Owens

    It seems there is no more vehemently decried investment product than the variable annuity. But the truth is that variable annuities can form part of a balanced, effective portfolio if you avoid the red flags that can spawn annuity-related litigation, says Rhett Owens of Burr & Forman LLP.

  • Inside New ITAR Rules For US Defense Service Providers

    Tamer A. Soliman

    The U.S. Department of State Directorate of Defense Trade Controls has released a proposed rule amending the International Traffic in Arms Regulations with respect to the provision of defense services by U.S. persons working for non-U.S. entities. U.S. employees of unaffiliated non-U.S. companies are disproportionately impacted by this proposed rule, but the rule does not provide a practical path to compliance for such companies, s... (continued)

  • New DOL Overtime Pay Rules Are Coming Soon

    Andrew P. Sherrod

    Though we don't yet know the Obama administration's proposed changes to the U.S. Department of Labor's overtime pay rules — which are due any day now — a meaningful increase in the salary threshold for the white collar exemptions will almost certainly be among the expected revisions and will likely impact managers and supervisors in the retail, fast-food and janitorial industries, says Andrew Sherrod of Hirschler Fleischer PC.