Employment

  • July 28, 2014

    Employment Law Firm Again Sued Over Sex Harassment Video

    An unnamed journalist who claimed in a copyright and privacy suit that Bernabei & Wachtel PLLC publicly shared a video she took of her supervisor's alleged sexual harassment in order to bolster a separate case renewed her claims in D.C. federal court Monday, months after the dismissal of her D.C. Superior Court suit.

  • July 28, 2014

    Keiser University Says FCA Standards Not Met In $4B Suit

    Even if certain violations occurred, two whistleblowers' $4 billion False Claims Act lawsuit against Keiser University falls short, the Florida-based school argued in its post-trial brief filed Friday in federal court.

  • July 28, 2014

    Bergdorf Gets NLRB To Nix Shoe-Sales Bargaining Unit

    The National Labor Relations Board unanimously rejected a bargaining unit Monday comprising women's shoes sales workers on two floors of Manhattan's main Bergdorf Goodman store, vacating a union election in a closely watched case involving the application of the NLRB's controversial Specialty Healthcare decision.  

  • July 28, 2014

    Judge Greenlights $1.75M Air Express Wage Suit Settlement

    A California federal judge on Monday gave preliminary approval to Air Express International USA Inc.’s $1.75 million settlement with a class of hourly employees who have accused the air freight cargo company of failing to pay minimum wage and provide proper meal breaks.

  • July 28, 2014

    Misclassified Trucker Row Not Preempted: Calif. High Court

    California's highest court found Monday that a federal transportation law does not preempt a lawsuit alleging that trucking company Pac Anchor Transportation Inc. misclassified its drivers as independent contractors and violated the state's labor and unemployment laws.

  • July 28, 2014

    3rd Circ. Denies Federal Preemption Of NJ Wage Law

    The Third Circuit on Monday revived a suit challenging benefits that carpenters received for their work on Revel Casino Hotel by finding that a New Jersey prevailing wage law isn't completely preempted by federal laws covering benefit plans and labor contracts.

  • July 28, 2014

    Vascular Solutions Settles Ex-Sales Rep's FCA Suit

    Vascular Solutions Inc. will pay $520,000 to resolve a whistleblower's False Claims Act suit accusing the company of inducing physicians to bill federal health programs like Medicare for an unapproved treatment of varicose veins, the U.S. Department of Justice said Monday.

  • July 28, 2014

    Schlumberger's Ex-GC Seeks Dismissal Of Trade Secrets Suit

    Schlumberger Ltd.'s former general counsel for intellectual property asked a Texas judge on Monday to throw out a lawsuit her former employer filed against her, saying the oilfield services giant has no proof she stole trade secrets before going to work for patent holding company Acacia Research Group.

  • July 28, 2014

    Goldman Says Proposed Gender Bias Class Action Falls Short

    Goldman Sachs & Co. urged a New York federal court Friday to deny class certification in a gender bias suit brought by female ex-employees, arguing that the plaintiffs had proposed a 2,300-woman class whose members didn't share enough common ground to justify class treatment.

  • July 28, 2014

    Gay Marriage Plaintiffs Want Cases In Fla. Supreme Court

    A gay couple from Key West who won a decision overturning Florida's ban on same-sex marriage is seeking to take the state's appeal directly to the Florida Supreme Court, where it seems certain to be headed.

  • July 28, 2014

    4th Circ. Sinks Va. Same-Sex Marriage Bans

    The Fourth Circuit on Monday struck down Virginia's state ban on same-sex marriages, continuing a string of federal and state court rulings finding similar state bans unconstitutional.

  • July 28, 2014

    $6M AT&T OT Deal OK'd, But Judge Slams $2M Atty Fee Bid

    A California judge on Monday granted final approval to a $6 million settlement between AT&T California and a class of 466 account managers who say they were deprived of overtime pay, but said he'd likely slash the plaintiffs' $2 million attorneys' fees request to $1.25 million.

  • July 28, 2014

    SD Bankers Urge High Court To Limit Tribal Jurisdiction

    The South Dakota Bankers' Association has backed Dollar General Corp. in a U.S. Supreme Court case the retailer says will decide whether tribal courts can exercise jurisdiction over companies that are not part of a tribe, arguing that business with tribes could be negatively affected if tribal court jurisdiction is expanded.

  • July 28, 2014

    NASA Contract Illegally Cuts Wages, Union Says

    The International Association of Machinists and Aerospace Workers filed suit Friday in D.C. federal court against NASA and outside contractor Jacobs Technology Inc., seeking a declaratory judgment that a new contract with Jacobs is a successor contract and must maintain the same wages provided under an earlier agreement.

  • July 28, 2014

    Ex-Tyson Worker Claims Proper Filing Of Time-Off Notice

    A former Tyson Foods Inc. worker urged an Arkansas federal court on Friday to keep intact claims that he was improperly fired after taking leave to care for his injured father, saying he had properly notified Tyson management that he needed time off.

  • July 28, 2014

    Mach Mining Says EEOC Bias Case Must Be Put On Ice

    Letting discovery move forward in the U.S. Equal Employment Opportunity Commission's gender bias case against Mach Mining LLC while the nation's highest court ponders whether EEOC conciliation efforts are subject to judicial review could prove costly and wasteful, Mach told an Illinois federal court on Friday.

  • July 28, 2014

    Dispatchers Ask High Court To Nix LA's Overtime Appeal

    Los Angeles Fire Department dispatchers and aeromedical technicians have urged the U.S. Supreme Court to reject the city’s petition arguing that the workers are exempt from standard overtime pay, claiming the plain language of the Fair Labor Standards Act entitles them to the funds.

  • July 25, 2014

    Ex-Ford Engineer Investigated For Recording Devices At HQ

    A mechanical engineer recently fired by Ford Motor Co. is reportedly at the center of a federal investigation for allegedly planting listening devices around the company's headquarters to monitor meetings, raising concerns the devices had been planted to steal trade secrets.

  • July 25, 2014

    Ex-S&C Atty’s FCA Suit Claims Vanguard Ducked $1B Tax Bill

    A former Vanguard Group Inc. in-house attorney and ex-Sullivan & Cromwell LLP associate has hit the investment manager with a False Claims Act suit in New York state court alleging it illegally evaded more than $1 billion in federal and state taxes over the past decade, the plaintiff's attorney said Friday.

  • July 25, 2014

    Fla.'s Same-Sex Marriage Ban Struck Down By 2nd Court

    A Florida judge on Friday struck down the state's ban on same-sex marriage and ordered Miami-Dade County to allow the unions, saying the ban violates the U.S. Constitution's due process and equal protection clauses, but stayed her order pending possible appeals.

Expert Analysis

  • Defense Bar Risks Giving Bad Advice About Pregnant Workers

    Joan C. Williams

    A few weeks ago, for the first time in 30 years, the Equal Employment Opportunity Commission updated its guidance on pregnancy discrimination in response to a flood of pregnancy discrimination complaints. What followed was truly weird, says Joan Williams of the University of California, Hastings College of Law.

  • In Mach Mining Appeal, A Search For Conciliation Model

    Steve Pearlman

    The U.S. Supreme Court, in agreeing to hear Equal Employment Opportunity Commission v. Mach Mining, should consider the National Labor Relations Act's model for good-faith bargaining as the Seventh Circuit’s approach toward the case arguably invites a “take-it-or-leave-it” option that could lead to litigation based on legal theories in search of supporting facts, say Steve Pearlman and Amanda Wiley of Proskauer Rose LLP.

  • Immigration-Related Liability For Calif. Employers Rises

    Richard E. Bromley

    In light of the California Supreme Court's recent ruling in Salas v. Sierra Chemical Co., employers should not continue to employ workers after discovery of unauthorized status because doing so may expose them to further liability, say attorneys at Nixon Peabody LLP.

  • Peregrine Puts Hired-To-Invent Issues In Spotlight

    Michael Bunis

    Do you think your employees are hired to invent? A California federal judge's recent ruling in Peregrine Semiconductor Corp. v. RF Micro Devices Inc. serves as a reminder that oral agreements are insufficient and employees who perform general engineering, development or other activities will likely fall outside the scope of the hired-to-invent doctrine, say Michael Bunis and Vanessa Arslanian of Choate Hall & Stewart LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Established Employment Rules Are Not Safe From The NLRB

    Shannon M. Gibson

    Terms and conditions of employment long considered settled by employers can now no longer be taken for granted as not running afoul of the National Labor Relations Act as the National Labor Relations Board continues its dramatic outreach campaign to workers, say William Miossi and Shannon Gibson of Winston & Strawn LLP.

  • Employers May Have Opportunity In ACA Legislative Flaw

    Robert C. Christenson

    Employers still on the fence in terms of providing qualifying health care coverage for their employees see new hope in the D.C. Circuit's ruling in Jacqueline Halbig v. Burwell because the case points to a possible legislative flaw that would exempt employers in 36 of the 50 states from the "pay-or-play" tax that underlies the Affordable Care Act, says Robert Christenson of Fisher & Phillips LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • Costs And Benefits Of Opting Out Of Texas' Workers' Comp

    Janet A. Hendrick

    Because Texas' workers' compensation is a "no fault" program, employees of subscribers are rarely allowed to sue their employer for damages in connection with work-related injuries, however employees of nonsubscribing employees may bring negligence and related claims as a result of on-the-job injuries, says Janet Hendrick of Fisher & Phillips LLP.