Employment

  • May 22, 2015

    Don't Stop Discovery Over DQ'd Atty In FCA Suit, Court Hears

    Whistleblowers alleging a medical supply company overbilled Medicaid blasted its efforts to stay discovery in Florida federal court Thursday as the company seeks to have the suit tossed, arguing the disqualification of their last attorney for a conflict of interest is not nearly enough to warrant a dismissal.

  • May 22, 2015

    Mich. AG Asks High Court To Grant Workers' Comp Appeal

    Michigan's attorney general has told the U.S. Supreme Court that it should grant an appeal of a Second Circuit decision freeing two insurers from certain workers' compensation liabilities of previously bankrupt Delphi Corp., saying this exercise of judicial power supplanted the state’s administrative regime.

  • May 22, 2015

    KBR Escapes $75M FCA Suit Alleging Transport Overcharges

    An Illinois federal judge tossed a $75 million False Claims Act suit against a KBR Inc. subsidiary Friday, saying the whistleblower’s allegations that the company withheld information from the government about pricing options for charter flights were too vague.

  • May 22, 2015

    Trucking Co. Takes $5M EEOC Fees Fight To High Court

    CRST Van Expedited Inc. has urged the U.S. Supreme Court to reinstate a $4.7 million fees award against the U.S. Equal Employment Opportunity Commission in its sexual harassment case, arguing the Eighth Circuit countered other circuits in overturning the award.

  • May 22, 2015

    Coffee Bean Chain Hit With Background Check Class Action

    A proposed class action removed to California federal court Thursday claims cafe chain Coffee Bean & Tea Leaf didn't properly inform people applying for positions of its background check policies or get their permission to pull their consumer credit reports. 

  • May 22, 2015

    Dorsey & Whitney Snags Ex-Davis Wright Employment Pro

    Dorsey & Whitney LLP has bolstered its employment practice with the addition of a partner specializing in benefits and compensation from Davis Wright Tremaine LLP, it announced recently.

  • May 22, 2015

    Ex-Casino Guard Loses Seminole Tribe Employment Suit

    A Florida federal judge has tossed a former Seminole Casino Immokalee security guard’s wrongful termination suit, rejecting his challenge over the validity of the Seminole tribe’s federally recognized status and sovereign immunity.

  • May 22, 2015

    Fired Worker's Hospital Stay Not 'Overnight,' 3rd Circ. Says

    A divided Third Circuit panel handed down a precedential ruling on Friday finding that a worker’s November 2011 hospitalization did not count as an overnight stay under the federal Family and Medical Leave Act because he had been admitted shortly after midnight and discharged later the same day.

  • May 22, 2015

    Texas High Court Sides With Doctor In Records Access Fight

    The Texas Supreme Court on Friday said doctors seeking to bust a privilege that applies to peer review committee documents don’t have to assert antitrust claims, but simply must allege the hospital took anti-competitive actions, in a win for a Houston heart surgeon.

  • May 22, 2015

    Movie Studios Want Animators’ Anti-Poaching Suit Tossed

    The Walt Disney Co., DreamWorks Animation SKG Inc. and others urged a California federal judge on Thursday to toss a proposed class action brought by animators accusing the studios of conspiring to keep down wages, saying that plaintiffs failed to show proof the studios knowingly misled them in the alleged scheme.

  • May 22, 2015

    Bass Pro Says EEOC Wants ‘Unlawful’ Case Setup

    Bass Pro Outdoor World LLC on Thursday labeled the Equal Employment Opportunity Commission’s proposed case management order for allegations that the retailer committed discriminatory hiring practices as “unmanageable” and  “fundamentally unfair.”

  • May 22, 2015

    7th Circ. Weighs Limits On Noncompete Pacts In Ill.

    A Chicago-based information technology staffing firm on Friday urged the Seventh Circuit to honor noncompete agreements with several former employees who launched a rival business, arguing that a lower court ignored recent Illinois Supreme Court precedent in finding the pacts unenforceable.

  • May 22, 2015

    NLRB Faults FirstEnergy In Beef Over Worker Reward Program

    The National Labor Relations Board has ruled that FirstEnergy Generation Corp. violated federal labor law by failing to bargain with an electrical workers' union before changing an employee loyalty recognition program, over a dissent that said the board turned a mere protest into a bargaining request. 

  • May 22, 2015

    IPC Discovery Objections Misrepresent FCA Suit, US Says

    The U.S. Department of Justice urged an Illinois federal judge Thursday to apply the same logic she used in refusing to dismiss its False Claims Act case against staffing chain IPC The Hospitalist Co. Inc. to expand its discovery abilities, saying IPC's objections misrepresent the complaint. 

  • May 22, 2015

    DOD Should Allow Charge Card Use At Casinos, Industry Says

    A casino industry group said Thursday that the Department of Defense should allow the use of government charge cards for nongambling purposes at casinos, despite the Pentagon watchdog’s report this week decrying over $1 million in charges at casinos and strip clubs.

  • May 22, 2015

    Ex-Circle K Manager Claims Firing Was Based On Nat'l Origin

    Circle K Stores Inc. has been sued in Arizona federal court by a former store manager who accused the national convenience store chain of discrimination, claiming he was fired after complaining of unequal treatment based on his national origin and gender.

  • May 22, 2015

    Sandusky Whistleblower Can Access Ex-Penn State GC Emails

    A Pennsylvania judge said Thursday that he would not bar the release of purportedly privileged communications between two former Penn State University administrators and the school’s general counsel in a suit by a former assistant football coach who says he was fired for blowing the whistle on sex offender Jerry Sandusky.

  • May 22, 2015

    McGuireWoods Snags 2 Ex-Morgan Lewis Employment Pros

    McGuireWoods LLP has continued to expand its employment law practice with the addition of two former Morgan Lewis & Bockius LLP attorneys to its Dallas office, which has quadrupled in size since it opened last year, the firm announced Thursday.

  • May 21, 2015

    Ala. Court Tells Judges To Allow Same-Sex Marriage Statewide

    An Alabama federal judge on Thursday ruled that probate judges throughout the state must issue marriage licenses to same-sex couples, although she stayed the preliminary injunction while the U.S. Supreme Court considers the issue.

  • May 21, 2015

    McDonnell Douglas Test Still Valid For Title VII, 4th Circ. Says

    A landmark 2013 U.S. Supreme Court decision on Title VII retaliation claims does not retire McDonnell Douglas v. Green, a previous high court decision that set precedent for how to adjudicate the issues, the Fourth Circuit concluded Thursday.

Expert Analysis

  • NYC Employers Should Check Themselves Before Employees

    Holly H. Weiss

    In making decisions about which employees to conduct credit checks on in light of recent amendments to the New York City Human Rights Law, city employers should analyze the job responsibilities for each employee to ensure an employee's actual job responsibilities fall within one of the law's exceptions, say attorneys at Schulte Roth & Zabel LLP.

  • Power Continues To Flow Toward Calif. Plaintiffs Via PAGA

    Joshua R. Dale

    Since its enactment in 2004, California's Private Attorney General Act is clearly gaining strength as a tool for plaintiffs' employment attorneys, as evidenced by the recent suit against 99 Cents Only Stores over "suitable seating." In light of this trend, employers should aggressively preempt potential bases for claims against them over nonmonetary violations of the state labor code, says Joshua Dale of Michel & Associates PC.

  • Making The Right Call On 'On-Call' Shifts

    Lindsay A. Ayers

    As labor costs have risen in recent years, on-call shifts have grown in popularity, particularly in the food and retail industries, because they allow employers to avoid paying for excess labor during slow periods. However, employers may soon see these efficiencies evaporate in light of the evolving legal landscape relating to shift scheduling, say Lindsay Ayers and David Szwarcsztejn of Carothers DiSante & Freudenberger LLP.

  • NJ Court Fails To Clarify Payroll Account Levy Rules

    Nicholas M. Gaunce

    The New Jersey state appeals court in The Pitney Bowes Bank Inc. v. ABC Caging Fulfillment seemingly set a bright-line test balancing the rights of judgment creditors and employees when it comes to monies in a levied “payroll” bank account. Where Pitney Bowes falls short, however, is in describing what proofs a business debtor must utilize to establish what amounts are owed to employees, says Nicholas Gaunce of Eckert Seamans Cheri... (continued)

  • DOL Fiduciary Rules Will Negatively Affect Private Funds

    Robert J. Raymond

    The U.S. Department of Labor’s proposed rules expanding the circumstances under which a person is considered a fiduciary under the Employee Retirement Income Security Act would effectively deny sophisticated but smaller ERISA plans and individual retirement account investors the opportunity to access private investment funds as part of their portfolios, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Physician Anti-Solicitation Clauses: A Case Study

    Joseph M. Gorrell

    Public interest demands that when physicians leave a medical practice and are subject to an anti-solicitation clause patients remain informed of their physician’s new location and contact information. Irrespective of the financial interest of the physicians involved, the patient’s right to be cared for by the physician of his or her choice and continuity of care demand nothing less, says Joseph Gorrell of Brach Eichler LLC.

  • Attorneys Play Vital Role In Structured Settlement Annuities

    Joseph Barnet

    An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.

  • Tread Lightly Texas: Defining 'Spouse' Under The FMLA

    August E. Huelle

    Until Texas v. U.S. is resolved — possibly by the U.S. Supreme Court's forthcoming decision in Obergefell v. Hodges — companies with employees in the plaintiff states must tread carefully to ensure that the DOL's same-sex spouse rule under the Family and Medical Leave Act is applied correctly, say Nathaniel Glasser and August Huelle of Epstein Becker & Green PC.

  • Supreme Court Leaves 'Duty To Monitor' Definition To Others

    John D. Donovan

    With its ruling in Tibble v. Edison International, the U.S. Supreme Court has breathed life into stale claims about investment selection by recognizing a fiduciary’s continuing obligation to “monitor” investments and investment options. But the opinion stopped short of defining the precise contours of the “duty to monitor” — leaving the development of the obligation to case-by-case evolution, say attorneys with Ropes & Gray LLP.

  • Wipe Away Those Fears, The 7th Circ. Is Here

    Eric E. Hobbs

    The case of the allegedly misclassified window washers before the Seventh Circuit in Alvarado v. Corporate Cleaning Service Inc. fleshed out an often-ignored exception to an employer’s obligation to pay overtime that could apply to some retailers or service establishments, says Eric Hobbs of Michael Best & Friedrich LLP.