Employment

  • August 28, 2015

    Judge Upholds Native Oilfield Drivers' $3.7M OT Award

    A Texas federal judge refused Thursday to overturn a $3.7 million award for former Native Oilfield Services LLC drivers in a wage class action, holding that the pressure-pumping company wasn’t exempt from paying overtime under a Fair Labor Standards Act trucking regulation and that the jury’s unpaid-hours calculations were fair.

  • August 28, 2015

    BP Tells 5th Circ. ERISA Suit Got Unfair Wave-Through

    Drilling giant BP PLC has urged the Fifth Circuit to put to bed a former employee's Employee Retirement Income Security Act class action over stock losses suffered after the Deepwater Horizon catastrophe, saying a district court has nudged wider the limits of a Supreme Court decision covering suits like this.

  • August 28, 2015

    ManorCare Blasts DOJ, Says FCA Case Deserves Dismissal

    HCR ManorCare Inc. on Friday blasted the U.S. Department of Justice's arguments against dismissing its case claiming the nursing home giant inflated the amount of therapy it provided to bill Medicare at a higher rate, saying the government hasn't adequately pled its case.

  • August 28, 2015

    NLRB Clarifies Successorship Doctrine For New Employers

    The right time to determine a successorship doctrine is when a new employer takes over a business and hires its predecessor’s employees under a retention statute, not after a mandatory retention period has ended, the National Labor Relations Board determined on Thursday.

  • August 28, 2015

    CarMax Asks High Court To Force Worker To Arbitrate OT Row

    CarMax Auto Superstores California LLC has asked the U.S. Supreme Court to consider whether the California Supreme Court’s Iskanian decision, which exempts Private Attorneys General Act actions from mandatory arbitration, is preempted by federal law, saying a former employee should be compelled to arbitrate an unpaid overtime dispute.

  • August 28, 2015

    No Stay For Late Hockey Player's Parents, NHL Atty Says

    An attorney for the National Hockey League told an Illinois federal judge Friday that the parents of late hockey player Derek Boogaard have failed to show that a suit over their son’s head injuries and drug addiction should be stayed so they can add evidence relating to federal preemption.

  • August 28, 2015

    4 Things To Know About The NLRB's Joint-Employer Decision

    The National Labor Relations Board's recent decision broadening its joint-employer standard ignited a firestorm of media coverage and quickly drew praise from worker advocates and sharp criticism from business groups. Here are four things observers ought to be aware of as the dust settles after the bombshell decision.

  • August 28, 2015

    NLRB Upholds Unlawful Arbitration Pact Ruling

    The National Labor Relations Board has signed off on an administrative law judge's decision that applied the controversial D.R. Horton decision in finding that an arbitration agreement not expressly barring workers from bringing class or collective actions still violated federal labor law because it had the practical effect of doing so.

  • August 28, 2015

    NLRB Says Dues Checkoffs Outlast Expired CBAs

    The National Labor Relations Board ruled Thursday that an employer’s obligation to deduct union dues from employee paychecks continues after expiration of a collective bargaining agreement, upending a 53-year-old standard that allowed the so-called union dues checkoff to cease after a CBA expired.

  • August 28, 2015

    Deloitte Workers Try Class Cert. Again In Overtime Suit

    Deloitte & Touche LLP audit employees urged a California federal judge on Friday to once again grant them class certification after the Ninth Circuit refused to reverse their decertification last fall in a case claiming Deloitte wrongly classified them as exempt from overtime.

  • August 28, 2015

    NBC Can’t Nix Peabody-Winning Reporter’s Age Bias Suit

    A California judge on Friday refused to toss age discrimination claims against NBCUniversal Media LLC brought by a fired investigative journalist, saying the Peabody Award-winning reporter needn’t show he was replaced by someone significantly younger to prove older workers in the newsroom were treated less favorably.

  • August 28, 2015

    Jury Backs Sex Bias Claims Against Fla. Police Dept.

    A federal jury on Thursday found the Florida city of Fort Pierce liable to pay more than $500,000 to a female police officer, finding her supervisors discriminated against her because of her gender.

  • August 28, 2015

    White Sox Blast Document Requests In Minor Leaguers' Suit

    The Chicago White Sox in a response filed on Friday in Illinois federal court blasted document requests from a group of minor league baseball players, saying that the requests are too broad given that the team was tossed from an underlying putative wage-and-hour class action against Major League Baseball and several teams.

  • August 28, 2015

    NJ Toy Co. Faces Whistleblower Suit From Ex-Sourcing Worker

    A former sourcing employee for a New Jersey-based toy manufacturer and distributor has slapped the company with a whistleblower suit in state court, claiming he was wrongly fired for speaking out about alleged choking-hazard and audit violations.

  • August 28, 2015

    6th Circ. Calls Arbitration Bid In Pizza Hut FLSA Row Stale

    The Sixth Circuit on Friday agreed with a district court that Pizza Hut franchisee NPC International Inc. “slept on its rights” by waiting more than a year to invoke an arbitration clause against employees bringing Fair Labor Standards Act claims.

  • August 28, 2015

    PG&E Contractor's Fight Over Minority Hiring Policy Revived

    Pacific Gas & Electric Co. and a staffing agency it uses to fill contracting positions will have to face a lawsuit over whether the utility’s hiring system discriminated against businesses that aren’t minority-owned, a California appeals court ruled Friday.

  • August 28, 2015

    3rd Circ. Says Qualcomm Shareholder Vote Was Authorized

    Qualcomm Inc. remained free of claims that company executives weren’t authorized to slate a tax-friendly amended stock bonus plan for a shareholder vote, with the Third Circuit ruling Friday that the board had delegated “broad powers” to the executives to oversee such plans.

  • August 28, 2015

    Trucking Co. To Pay $3.45M To Settle Minimum Wage Suit

    An Arkansas federal judge on Friday granted preliminary approval to a $3.45 million settlement by PAM Transport Inc. to end a class action involving truck drivers who alleged they were not paid minimum wages.

  • August 28, 2015

    NJ Court Revives Nurse's Disability Bias Claim In Split Ruling

    A nurse came out on the winning end of a rare split decision from the New Jersey Appellate Division on Friday that revived her disability discrimination suit against Saint Clare's Health System and found no clear evidence that she couldn't perform her job.

  • August 28, 2015

    5 Dos And Don'ts For Employers After NJ's Ethicon Ruling

    A recent New Jersey Supreme Court decision that the state's whistleblower law covers watchdog employees in performing their regular duties has employers fearing more suits, but there are ways to ensure companies are protected when a firing blows up into litigation. Here, experts provide tips for employers in the state.

Expert Analysis

  • NLRB's New Joint-Employer Test Is Major Victory For Unions

    Daniel V. Johns

    The National Labor Relations Board's "refined" test determining joint-employer status is a major victory for unions at the bargaining table. Under the new standard, an employer could be deemed a joint employer by merely possessing the latent power to control any terms and conditions of employment, regardless of whether it ever exercises such power, say Daniel Johns and Rogers Stevens of Ballard Spahr LLP.

  • Deflategate, Reinsurance Disputes And Arbitrator Bias

    Jean Paul Jaillet

    Although NFL fans do not routinely contemplate issues of arbitrator bias, partiality arguments made by New England Patriots quarterback Tom Brady during ongoing litigation over his Deflategate suspension are similar to common arguments made during reinsurance arbitration disputes, says J.P. Jaillet at Choate Hall & Stewart LLP.

  • Hospital Chain Pays Heavily For Being Too Clever

    One substantive lesson from Doughramji v. Community Health Systems Inc. is that when a defendant in a False Claims Act qui tam case pays money for the release of a relator's claim, the relator will likely be entitled to reasonable attorneys' fees as a prevailing party unless the settlement agreement says otherwise — and says it unambiguously, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • Taking On LGBT Issues In The Texas Workplace

    Stephen J. Roppolo

    Same-sex marriage. Sexual orientation anti-discrimination ordinances. Transgender accommodations. Texas employers, already buffeted by changes in union organizing and wage-and-hour rules, should come to grips with the legislative and enforcement landscape over LGBT rights since the only constant in employment law is more change, says Stephen Roppolo of Fisher & Phillips LLP.

  • Mitigating FCA Whistleblower Risk When Employees Leave

    David Pivnick

    Effective exit interviews and questionnaires can be an important component in preventing and hindering future False Claims Act litigation. It is important to make departing employees feel comfortable revealing not only specific fraudulent activity, if identified, but also general disquiet about the company’s compliance culture, say members of McGuireWoods LLP, Duff & Phelps LLC and Axiom Law.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • Paid Sick Leave For Contractors Is Par For The Course

    Joshua F. Alloy

    President Obama's expected executive order on paid sick leave for workers employed by federal contractors and subcontractors is the latest in a series of employment-related executive orders intended to improve wages, benefits and terms and conditions of employment for employees of government contractors, says Joshua Alloy of Arnold & Porter LLP.

  • 1st Of Its Kind FCA Settlement May Not Be Last

    Andrew J. Finan

    The U.S. Department of Justice is claiming the settlement agreement with Pediatric Services of America Inc. is a “first of its kind” settlement because it is the first involving a health care provider’s failure to investigate, report and repay overpayments received from federal health care programs under Section 6402 of the Affordable Care Act. While the agreement may be the first of its kind, it likely won't be the last, says Andr... (continued)

  • Flawed Logic In DOL's Proposed White Collar Salary Test

    Deborah K. Foster

    The U.S. Department of Labor's justification for the historically high salary test for the white collar exemptions to the Fair Labor Standards Act is based on the assumption that workers who will fail the new salary test would also fail the duties test. However, comparisons of the likelihood of passing the duties test to average salaries by occupation demonstrate that assumption does not always hold, say economists at Edgeworth Economics LLC.

  • 5 Legal Considerations Before Firing Employees In Calif.

    Joshua R. Dale

    Unfortunately, wrongful termination lawsuits have increased. Particularly in California, once you decide to terminate an employee, there are a number of steps to take and considerations to make to protect your interests and ensure you conduct the termination with dignity, says Joshua Dale of Michel & Associates PC.