Employment

  • August 29, 2014

    Exxon Ruling Gives Employers More Leeway In Bonus Plans

    The Texas Supreme Court on Friday upheld an Exxon Mobil Corp. plan that stripped a top executive of $5 million in nonvested stock rights when he joined a rival energy firm, paving the way for more employers to use incentive plans to keep top talent in place without running afoul of the state's noncompete laws.

  • August 29, 2014

    Verizon Whistleblower Seeks High Court Review Of FCA Suit

    A whistleblower who twice sued Verizon Communications Inc. under the False Claims Act for allegedly fraudulent billing practices asked the U.S. Supreme Court to consider a lower court’s dismissal of his second suit under the first-to-file bar provision, citing a circuit split and a dissent from D.C. Circuit Judge Sri Srinivasan.

  • August 29, 2014

    EBay’s $4M Deal In Calif.’s No-Poach Case Wins Judge’s OK

    A California federal judge granted preliminary approval Friday to eBay Inc.’s $3.75 million settlement in state prosecutors’ case over eBay’s anti-competitive agreement not to poach Intuit Inc.’s workers, a sibling to the recently rejected $324.5 million class action deal between tech giants and Bay Area engineers.

  • August 29, 2014

    Gay Marriage Ban Challenges Cleared For Florida High Court

    A Florida appeals court has rejected the state attorney general's request to stay its appeals of two rulings overturning the state's same-sex marriage ban, instead consolidating and certifying them for consideration by the Florida Supreme Court.

  • August 29, 2014

    Legal Recruiter Can Seek Injunction To Block Web Defamation

    The Texas Supreme Court said Friday that a legal recruiter’s former employer can be forced to remove allegedly defamatory Internet postings accusing him of bribing an associate at K&L Gates LLP, but the company cannot be prohibited from making similar statements in the future.

  • August 29, 2014

    Texas Justices Say Jury Charge Objections Can Be Untimely

    The Texas Supreme Court on Friday held that courts may set deadlines for objections to jury instructions, affirming a lower court’s order that found that a dredging vessel owner's objection to a jury instruction in a dispute over a worker's injury was untimely.

  • August 29, 2014

    Comcast Class Was Rightly Decertified, Appeals Court Says

    A California appeals court on Thursday affirmed a lower court’s decision to decertify a class of technicians in a suit brought against Comcast Corp. for allegedly overworking them and denying them meal and rest breaks, holding that data from a system for measuring the technicians’ time was unreliable.

  • August 29, 2014

    What To Watch For At Detroit's Ch. 9 Trial

    More than Detroit’s financial future is at stake in the battle royale that will kick off Tuesday on the city’s proposed restructuring, attorneys say  — it will also dictate how distressed municipalities nationwide can fix their lopsided balance sheets in the face of runaway pension costs.

  • August 29, 2014

    $42M Payday For NYC School Bus Drivers Ripe For Challenge

    A move by New York City leaders to mitigate pay cuts imposed on school bus drivers under less labor-friendly contracting rules by granting them $42 million is rankling spending watchdogs as well as contractors who won't accept the payout quietly, experts say.

  • August 29, 2014

    EXCLUSIVE: SEC Mistakenly Reveals Whistleblower's Employer

    In trumpeting its first-ever whistleblower award to a compliance and audit professional, the U.S. Securities and Exchange Commission on Friday also inadvertently disclosed information that could be used to determine the identity of a person who faced an enforcement action because of the whistleblower’s tip.

  • August 29, 2014

    Va., Okla. Same-Sex Couples Urge High Court To Hear Cases

    Following decisions in their favor, same-sex couples from Virginia and Oklahoma have urged the U.S. Supreme Court to review rulings that found against same-sex marriage bans in their states, saying the time is now to clarify whether those types of prohibitions are unconstitutional.

  • August 29, 2014

    Contractor Asks High Court To Review Mo. Deferred Comp Tax

    A contractor to the U.S. Department of Labor has petitioned the U.S. Supreme Court to hear its case arguing that the Missouri director of revenue wrongly counted a trust created for a deferred compensation plan as business income.

  • August 29, 2014

    Feds Rip PhRMA's Free Speech Claims In FCA Off-Label Suit

    The U.S. Department of Justice is urging a California federal judge to reject free speech arguments advanced in a False Claims Act case by Pharmaceutical Research and Manufacturers of America, adding more fuel to a fiery debate surrounding punishment of off-label promotion.

  • August 29, 2014

    Providers Get Conditional Cert In UnitedHealth Claims Suit

    A New Jersey federal judge on Thursday granted conditional class certification in a suit alleging UnitedHealth Group Inc. improperly demanded reimbursement for overpaid claims, but the class lost a lead plaintiff after the judge reconsidered an earlier determination of the plaintiff's standing to sue.

  • August 29, 2014

    Planned Parenthood Must Face FCA Claims, 8th Circ. Says

    The Eighth Circuit on Friday revived most of a former Planned Parenthood employee's whistleblower suit, breathing new life into allegations that the health care provider engaged in a multiyear scheme of submitting false Medicaid claims that resulted in inflated reimbursements.

  • August 29, 2014

    Abercrombie & Fitch Settles Shareholder Suit Over CEO Pay

    Retailer Abercrombie & Fitch Co. on Friday reached a settlement in Ohio federal court with a shareholder who accused company directors including CEO Michael Jeffries of violating their fiduciary duties by failing to link CEO pay with performance and other lapses.

  • August 29, 2014

    Feds Join Whistleblower Suit Over UnitedHealth Hospice Billing

    The U.S. Department of Justice has intervened in two False Claims Act lawsuits brought by whistleblowers who say that for years, UnitedHealth Group Inc. defrauded Medicare by billing for hospice care delivered to patients who weren’t terminally ill.

  • August 29, 2014

    Attys Snag Arbitration Award From Failed Malpractice Claim

    San Francisco Bay Area-based Walsh Law Firm and Ramsey Law Group on Thursday collectively won about $400,000 in arbitration from an Atlanta data infrastructure company, which the arbitrator said had engaged in “Monday-morning quarterbacking” when it tried to get out of a settlement with AT&T.

  • August 29, 2014

    Gap Reports Labor, Safety Issues At Myanmar Factories

    Workers at two Gap Inc. garment factories in Myanmar have been subjected to verbal abuse and forced to work excessive hours without adequate pay, though the factories have taken steps to remedy the issues, according to an internal audit recently submitted by the retailer to the U.S. Embassy in Myanmar.

  • August 29, 2014

    Pressure Grows For Statewide Paid Sick Leave In NJ

    Paid sick leave measures pending in several New Jersey towns are increasing the pressure for a uniform statewide standard, and while a bill poised for consideration in September currently calls for more time off for workers than local proposals do, that could be a tough sell to Gov. Chris Christie.

Expert Analysis

  • Monitoring Employees: How Far Can Employers Go?

    Michael V. Abcarian

    It is increasingly important for employers to know their legal limits when monitoring employee conduct since employees may question the legality of employer's monitoring their off-site conduct, especially when they are off-duty, says Michael Abcarian of Fisher & Phillips LLP.

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • Costs To Pension Withdrawal Liability May Change

    Blake C. MacKay

    Board of Trustees of IBT Local 863 Pension Fund v. C&S Wholesale Grocers Inc./Woodbridge Logistics LLC is a departure from how multiemployer pension withdrawal liability has been calculated since the Pension Protection Act was passed and the case may open the door for new challenges that could reduce the amounts owed by withdrawing employers, say Blake MacKay and Emily Hootkins of Alston & Bird LLP.

  • How Did Employers Fare This Supreme Court Term?

    Teeka K. Harrison

    Overall, the U.S. Supreme Court's decisions this term presented some differences from last, when all five of the major decisions impacting labor and employment issues were employer-friendly but they were all 5-4 opinions, says Teeka Harrison of Polsinelli PC.

  • Hotels' New Armor Against Union-Organized Boycotts

    Michael Starr

    In recent years, unions have intensified their tactics to pressure hotels by attempting to persuade trade associations and professional organizations not to hold their events at the target hotel. But as a recent case involving Chicago’s Congress Plaza shows, hotels are not defenseless against this strategy, say Michael Starr and Edward Frischling of Holland & Knight LLP.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • New Limits On Employers During Union Organizing Efforts

    Nelson D. Cary

    The National Labor Relations Board's decision in Intertape Polymer regarding employer surveillance will affect future union organizing efforts by restricting employer communications to "ordinary" activity during organizing campaigns, says Nelson Cary of Vorys Sater Seymour and Pease LLP.

  • Keep An Eye On The US-Guatemala Labor Dispute

    Joseph Laroski

    Companies doing business in Central America may want to pay attention to an approaching deadline in a labor law dispute between the United States and Guatemala over the country’s alleged failure to enforce its labor laws in the apparel, agricultural, and food processing industries, says Joseph Laroski, counsel with King & Spalding LLP and former associate general counsel in the Office of the U.S. Trade Representative.

  • Texas Agrees, 'I Agree' Clause Can Mandate Arbitration

    Richard Raysman

    If a Texas appellate court had found the particular clauses of intent within a contractual agreement between independent representatives and their employer in Momentis U.S. Corp. v. Weisfeld insufficient for the purposes of contract formation then it would likely have undone the balance of online contracts, says Richard Raysman of Holland & Knight LLP.