Employment

  • September 15, 2014

    Washington Farm Faces EEOC Pregnancy Bias Suit

    The U.S. Equal Employment Opportunity Commission on Monday lodged a complaint against Tiny’s Organic LLC in Washington federal court, alleging the family-owned farm unlawfully fired a worker because of her pregnancy. 

  • September 15, 2014

    CNN Must Rehire 100 Union Workers, NLRB Says

    The National Labor Relations Board on Monday ordered CNN America Inc. to rehire about 100 union workers fired in a 2003 reorganization and pay back wages to about 200 who stayed with the network, ruling it had ended a union contract out of antiunion animus.

  • September 15, 2014

    Judge Koh Urged To Take On DreamWorks Anti-Poaching Suit

    An ex-Sony Pictures Animation technical director asked a California federal judge on Monday to relate with the massive Google Inc. antitrust action she is overseeing, his proposed class action accusing DreamWorks Animation SKG Inc., The Walt Disney Co. and others of conspiring to not poach each other’s animators.

  • September 15, 2014

    DHL Pension Change Didn't Violate ERISA, 9th Circ. Says

    The Ninth Circuit on Monday ruled that DHL Holdings USA Inc. didn't violate the Employee Retirement Income Security Act by blocking pension plan participants from transferring their account balances from a defined contribution plan to a defined benefit plan.

  • September 15, 2014

    Use 'Big Data' With Caution, EEOC Counsel Urges Employers

    A U.S. Equal Employment Opportunity Commission official on Monday warned that longstanding employment laws could be easily applied to employers' increasing use of "big data" but that companies could diminish liability risks by keeping detailed records of how they are using data and avoiding social media profiles.

  • September 15, 2014

    Shoe Giant DSW Pays $900K To End EEOC Age Bias Row

    Discount shoe retailer DSW Inc. will fork over $900,000 to settle the U.S. Equal Employment Opportunity Commission’s suit accusing it of terminating a class of employees over the age of 40 and firing other employees for opposing its age discrimination practice, according to a Monday filing in Illinois federal court.

  • September 15, 2014

    EEOC Hits Texas Pharmacy With Pregnancy Bias Suit

    The U.S. Equal Employment Opportunity Commission on Monday launched a federal lawsuit against a Texas pharmacy, accusing the company’s president of illegally discriminating against a pair of pregnant employees.

  • September 15, 2014

    ConocoPhillips Urges Court To Throw Out Exec Pay Suit

    ConocoPhillips Co. on Friday asked a Delaware federal court to accept a magistrate judge’s recommendation to throw out a derivative suit challenging the company’s executive pay plan that purportedly breaches tax and securities rules, saying the plaintiffs had failed to specifically allege a misstatement or omission in a proxy statement.

  • September 15, 2014

    7th Circ. Puts Indiana Same-Sex Marriage Ruling On Hold

    The Seventh Circuit granted Indiana's attorney general a stay on Monday that blocked its ruling invalidating the state's ban on same-sex marriage from taking effect until the U.S. Supreme Court takes action on the state's petition to have the appeals court ruling overturned. 

  • September 15, 2014

    Ex-Wentworth Execs' $2.5M Discrimination Award Gets Nixed

    The Wentworth Group won an appeal Monday of a $2.5 million jury verdict for racial discrimination over the firing of two executives, with a New Jersey appeals court finding that a lower court should have addressed a plaintiffs' noncompliance with a subpoena notice during trial.

  • September 15, 2014

    FINRA Rules On Deutsche Bank Employment Practices

    The Financial Industry Regulatory Authority on Friday agreed to let former Deutsche Bank AG employees begin working for a competitor after a shortened waiting period after the employees alleged they left the bank’s financial advisory unit because it was using “shady” practices.

  • September 15, 2014

    Fla. AG Moves To Join 4 Gay Marriage Suits To Cut Confusion

    Florida Attorney General Pam Bondi moved to intervene Friday in four cases challenging the state's ban on same-sex marriage, saying her office's clear involvement is needed to promote an “orderly and consistent resolution” to the common issue running through them.

  • September 15, 2014

    Epstein Becker Seeks Toss Of Oncologist's Malpractice Suit

    Epstein Becker & Green PC has asked a Texas state court to throw out a malpractice suit brought by a Houston oncologist who says the firm should not have released a document that was used by the former general counsel of his clinic in employment litigation.

  • September 15, 2014

    Noel Canning Halts NLRB's Appeal, New Vista Tells 3rd Circ.

    New Vista Nursing and Rehabilitation LLC urged the Third Circuit on Monday to table the rehearing of a National Labor Relations Board appeal in an unfair labor practices dispute because two agency orders at issue involve two agency members found to be invalidly appointed in the U.S. Supreme Court's blockbuster Noel Canning ruling.

  • September 15, 2014

    Super-Sized Class Nixed In McDonald's Minimum Wage Suits

    A Michigan federal judge refused Monday to grant conditional collective action certification to workers who claimed McDonald's Corp. and franchisees failed to pay them minimum wage, saying that differences among the workers in the “very large” class doomed their bid for collective treatment.

  • September 15, 2014

    Ex-Citi Worker Says DR Horton Dooms Bid For Arbitration

    A former Citicorp Credit Services Inc. employee told an Idaho federal court on Friday that it properly relied on the National Labor Relations Board’s D.R. Horton decision to deny the bank’s bid to compel arbitration in a putative class and collective action wage suit.

  • September 15, 2014

    Workers In No-Poach Tech Case Say Pacts Were Per Se Illegal

    Software engineer plaintiffs in the antitrust class action accusing Google Inc., Apple Inc. and other major technology companies of agreeing not to hire each other's employees argued on Friday that the agreements should be presumed illegal under the per se standard, saying the companies mischaracterized the rule’s scope.

  • September 15, 2014

    Ex-McCarthy Atty Cites Privilege In $1.4M Dreier Fee Row

    A former Diamond McCarthy LLP partner told a Texas state court Friday that the firm is attempting to bypass the attorney-client privilege by forcing impermissible discovery in a $1.4 million breach of contract suit over fees she generated as Dreier LLP’s Chapter 11 trustee.

  • September 15, 2014

    DOL Floats Rule Banning Fed. Contractor Pay Secrecy

    Acting on an April executive order from President Barack Obama, the U.S. Department of Labor issued a proposed rule Monday that would bar federal contractors from firing or discriminating against employees or applicants who discuss their pay, or the pay of their co-workers.

  • September 15, 2014

    Syncora No Longer Needs Banks' Help On Detroit Deal

    Syncora Holdings Ltd. finalized a settlement on Monday of its objections to the city of Detroit's Chapter 9 restructuring that no longer requires concessions from two global investment banks, according to Syncora's attorney.

Expert Analysis

  • ACA Tax Subsidy Dispute May End Up Before High Court

    J. Peter Rich

    Given the political composition of the D.C. Circuit as it prepares to hear Halbig v. Burwell en banc, it is expected that the full court will rule in favor of the government, which may ultimately result in appeal to the U.S. Supreme Court, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Answering Your Questions On NJ's 'Ban-The-Box' Law

    Jill R. Cohen

    New Jersey employers should understand that the Opportunity to Compete Act that Gov. Chris Christie recently signed into law is more lenient than prior iterations — which would have prohibited employers from asking about criminal records until after a conditional offer of employment was made to an applicant, says Jill Cohen of Eckert Seamans Cherin & Mellott LLC.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • A Wake-Up Call To Counsel Over ESI Discovery

    Eric P. Mandel

    There are two important takeaways from Brown v. Tellermate Holdings Ltd. — search terms often produce both over-inclusive and under-inclusive results and it's imperative counsel test the accuracy of electronically stored information search methodology before committing to use it or to a firm production timetable, say Charles Ragan and Eric Mandel of Zelle Hofmann Voelbel & Mason LLP.

  • EB-5 Visa Unavailability Will Have A Large Impact

    Mona Shah

    The EB-5 visa program has evolved into a multibillion-dollar industry, and clarification from the U.S. Department of Homeland Security's United States Citizenship and Immigration Services on issues surrounding the visa backlog is necessary to stabilize the program and capital markets in the U.S., say Mona Shah and Yi Song of Mona Shah & Associates.

  • 7th Circ. Limits FCA 'Worthless Services' Theory

    Ty Howard

    While Absher v. Momence Meadows Nursing Center Inc. leaves open the potential that a worthless services theory could give rise to False Claims Act liability, the Seventh Circuit’s interpretation severely limits such liability to those cases in which a defendant effectively provided no service of value at all, says Ty Howard of Bradley Arant Boult Cummings LLP.

  • Best Business Planning Practices For Lawyers

    Jenn Topper

    Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.

  • Noncompetes And At-Will Employment At Issue In Wis.

    Brandon M. Krajewski

    An eventual decision by the Wisconsin Supreme Court in Runzheimer International Limited v. Friedlen should provide critical guidance to employers looking to secure new restrictive covenants with existing at-will employees without additional consideration, says Brandon Krajewski of Quarles & Brady LLP.

  • Mental Health Concerns Give Way To Broader Audit Concerns

    Daniel Chudd

    It remains to be seen whether the Senate bill intended to identify security-cleared personnel who are at risk of becoming unstable will pass and, if so, whether it will be effective. We have our doubts on both points, say Daniel Chudd and Esteban Morin of Jenner & Block LLP.