Employment RSS

  • April 18, 2014

    Barnes & Thornburg Nabs Akin Gump Appellate Pro

    Barnes & Thornburg LLP announced Thursday that it had picked up an appellate and trial lawyer from Akin Gump Strauss Hauer & Feld LLP who handles intellectual property, bankruptcy, insurance, white collar and labor matters to enhance its litigation department in Los Angeles.

  • April 18, 2014

    Whistleblower Wants High Court's Stance On Leave To Amend

    A whistleblower has asked the U.S. Supreme Court to revive a False Claims Act suit against Takeda Pharmaceutical Co. Ltd. after the First Circuit upheld the suit's dismissal, arguing the case presents a circuit split on when a plaintiff can seek leave to amend a complaint.

  • April 18, 2014

    KBR Asks High Court To Review 'Burn Pit' Suits

    KBR Inc. is asking the U.S. Supreme Court to toss dozens of class actions from soldiers claiming they were injured by smoke inhaled from “burn pits” that the military contractor used to dispose of waste in Afghanistan and Iraq, arguing it can’t be held liable for the consequences of the U.S. Army’s wartime decisions.

  • April 18, 2014

    Nielsen To Pay $1.2M To Settle Wage Class Action

    Media research company The Nielsen Company (US) LLC has agreed to pay up to $1.2 million to settle a putative class action in which employees claimed they were denied overtime compensation and proper meal breaks and rest periods, in violation of state and federal laws, according to a settlement agreement in California federal court announced Thursday.

  • April 18, 2014

    UPMC's Estimate Of Data Breach Victims Skyrockets To 27K

    The University of Pittsburgh Medical Center said on Thursday that up to 27,000 of its employees could have been affected by a security breach that has already resulted in hundreds of false tax returns being filed under workers' names.

  • April 18, 2014

    GM Says $95M Revstone, PBGC Deal Ignores Its Claims

    General Motors LLC took issue Friday with a settlement bankrupt auto parts conglomerate Revstone Industries LLC reached with the Pension Benefit Guaranty Corp. to resolve more than $95 million in pension-related claims, arguing the deal ignores the auto giant's $10 million in claims against the debtor.

  • April 18, 2014

    Insurers Not Liable For Sports Co.'s $3M Noncompete Row

    A New York appeals court on Thursday freed two insurers from footing a $3.2 million judgment against a sports equipment company accused of lifting trade secrets after luring a competitor's employee, finding the policies did not cover violations of a corporation's privacy rights.

  • April 18, 2014

    Texas Blasts EEOC Bid To Nix Suit Over 'Felon-Hiring Rule'

    The state of Texas on Friday urged a federal court not to toss its lawsuit challenging the U.S. Equal Employment Opportunity Commission's guidance on criminal background checks, saying the EEOC is trying to argue that the rule “is not worth the paper it’s printed on — even though it urges other courts to defer to it.”

  • April 18, 2014

    Ogletree Deakins Adds Employment Pro To Houston Office

    Ogletree Deakins Nash Smoak & Stewart PC announced Thursday that it has added a Gardere Wynne Sewell litigation and appellate attorney with expertise in labor law to its Houston office to strengthen its employment law and workplace safety and health practice groups.

  • April 18, 2014

    NJ Court Says CBA Gripes Can't Support Whistleblower Claims

    A New Jersey appellate panel on Thursday backed the dismissal of two Atlantic City nightclub employees’ whistleblower claims, ruling their allegations that tips were withheld from them and they were made to perform duties outside their job scope violated a collective bargaining agreement but weren't illegal.

  • April 18, 2014

    Car Service Agrees To Cough Up $3.5M In Driver Wage Suit

    Sunny's Limousine Service Inc. agreed to pay $3.5 million to settle a collective and putative class action brought on behalf of hundreds of drivers who said the car service stiffed them on minimum and overtime wages, the plaintiffs told a New York federal court Friday.

  • April 18, 2014

    Rising Star: Cohen Milstein's Michelle Yau

    Ever since her undergraduate days, Cohen Milstein Sellers & Toll PLLC’s Michelle Yau has dreamed of protecting workers’ rights. Now, she does it to the tune of millions in pension funding for employees in high-profile cases, earning her a spot among Law360's top employment attorneys under 40.

  • April 18, 2014

    Asbestos Victor Asks High Court To Mull Automatic Reversal

    The estate of a deceased paper mill worker asked the U.S. Supreme Court on Tuesday to weigh in on whether an appellate court should order a new case when a court holds a trial without properly vetting expert testimony, arguing that its $9.4 million asbestos judgment against two paper equipment manufacturers should not have been wiped out. 

  • April 18, 2014

    EEOC Scores Settlements In 2 Pregnancy Bias Suits

    The U.S. Equal Employment Opportunity Commission announced Thursday that it had reached settlements in pregnancy discrimination suits against a New York-based office furnishing business and a Delaware trucking company, highlighting the agency's commitment to fighting bias against expectant mothers. 

  • April 18, 2014

    DuPont Seeks Rehearing Of $920M IP Award Reversal

    DuPont Co. on Thursday asked the Fourth Circuit to revisit a panel decision overturning a $920 million jury award over competitor Kolon Industries Inc.'s alleged theft of trade secrets related to Kevlar body armor, arguing the panel shouldn't have ordered a new trial based on one purportedly erroneous evidentiary ruling.

  • April 18, 2014

    Tenn. Officials Fight UAW Subpoenas In VW Union Vote Row

    Tennessee Gov. Bill Haslam and other state officials on Thursday asked the National Labor Relations Board to revoke subpoenas the United Auto Workers issued as part of its bid to get the labor board to order a new representation vote at Volkswagen AG's Chattanooga, Tenn., plant.

  • April 18, 2014

    AMR Can't Terminate Retiree Benefits, Judge Says

    The bankruptcy judge who oversaw AMR Corp.’s Chapter 11 case on Friday rejected the airline’s contention that it has the right to dump the cost of pension benefits onto retirees themselves, saying the benefits are protected in relevant documents.

  • April 18, 2014

    TGI Fridays 'Side Work' Shafts Tipped Workers, Suit Says

    Tipped T.G.I. Fridays workers on Thursday hit the chain restaurant with a class action lawsuit in New York federal court claiming it owes them for overtime, minimum wage violations and misappropriated tips for many hours of nontipped "side work" they are required to perform.

  • April 18, 2014

    Tech Workers Want Steve Jobs Evidence Kept In Poaching Suit

    A class of tech employees urged a California federal court on Thursday to deny a bid by Apple Inc., Google Inc. and other tech companies to limit evidence in an upcoming trial over their alleged conspiracy to suppress wages and not compete for each others' workers, arguing that the tech giants' request to bar statements about Steve Jobs' character was overbroad.

  • April 18, 2014

    Liberty Mutual Can't Duck Dissolved Co.'s Asbestos Claims

    A New York appeals court on Thursday affirmed a ruling refusing Liberty Mutual Insurance Co.’s attempt to dismiss asbestos injury suits against a now-dissolved New Jersey valve manufacturer, ruling that corporations that have been dissolved can still be sued under New Jersey law. 

Expert Analysis

  • EEOC Investigations Bear Growing Court Scrutiny

    Basil C. Sitaras

    Following a pattern of decisions over the past year, the U.S. Equal Employment Opportunity Commission recently suffered another significant defeat due to its investigation process. Given the implications of the EEOC's defeat against Sterling Jewelers Inc., we anticipate the commission will appeal on matters concerning its conciliation efforts with employers, and, because of a clear circuit split, the U.S. Supreme Court may be the final arbiter on this issue, says Basil Sitaras of Day Pitney LLP.

  • The State Of Arbitration Enforcement In Calif.

    Neil R. Bardack

    Even with the judicial impact of several U.S. Supreme Court opinions, beginning with AT&T Mobility v. Concepcion, the predicament for the practitioner and client is that any provision that seeks to enforce arbitration of labor and consumer remedy statutes, or that makes the cost of arbitration too one-sided, runs a significant risk of not being enforced in a California state court, say Neil Bardack and Shannon Nessier of Hanson Bridgett LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Employers: Take Care In Crafting Confidentiality Clauses

    Christopher V. Bacon

    Employers are often surprised to learn that policies explicitly prohibiting employees from discussing salaries are in violation of Section 7 of the National Labor Relations Act, as was recently affirmed in Flex Frac Logistics LLC v. NLRB. However, employers are still entitled to take precautions in order to protect their confidential proprietary information and trade secrets from disclosure by their employees, say Christopher Bacon and Ashlee Grant of Vinson & Elkins LLP.

  • Calif.'s Prevailing Wage Law Will Punish The Noncompliant

    Jeremy C. Wooden

    California’s prevailing wage law may not be the oldest in the country, but it may be the most complex, evolving and litigated. The penalties for contractors and subcontractors who fail to comply with California's law have grown costlier — noncompliance risks up to a three-year ban on the bidding of public works projects in the state, says Jeremy Wooden of Foley & Lardner LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Ill. High Court Holds The Line On Employee Classification

    Michael G. Congiu

    The Illinois Supreme Court recently rejected a constitutional challenge to the Illinois Employee Classification Act from a roofing contractor on the grounds that the law violates procedural due process rights and is impermissibly vague. The court's move confirms the ECA's continued vitality, but it does not resolve other issues sure to arise in future litigation, including whether an employee is "performing services" under the law, say Michael Congiu and Amy Rettberg of Littler Mendelson PC.

  • Reading Between The Whistleblower Headlines

    Shanti Atkins

    The meteoric media rise of the “celebrity” whistleblower has shone a spotlight on the practice, with personalities such as Chelsea Manning and Edward Snowden dividing public opinion on the ethics of spilling secrets. But organizations should pay close attention to the surge in this trend beyond the headlines. Remember, whistleblowers don’t need to be popular to be effective, and opinions on their motives and morality are entirely secondary to the critical issues they potentially uncover, says Shanti Atkins of Navex Global.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Lawful Firings In NY May Hinge On 'Interactive Process'

    Courtney Stieber

    William Jacobsen v. New York City Health and Hospitals Corp. makes clear that, in order to escape trial and prevail on summary judgment, an employer generally must present evidence that it engaged in the "interactive process" regarding employee-requested accommodations. The decision solidifies a line of recent appellate decisions on an employer’s obligations toward disabled employees, say Robert Whitman and Courtney Stieber of Seyfarth Shaw LLP.