Employment

  • October 30, 2014

    Nev. High Court Rules Strippers Are Employees

    The Nevada Supreme Court on Thursday ruled that strippers are employees under state labor law, ending a years-long dispute with the world’s largest gentleman’s club over whether it must pay dancers a minimum wage and meet other employment requirements.

  • October 30, 2014

    Dignity Health To Pay $37M To End Medicare Payments Row

    Dignity Health agreed to pay $37 million to settle a whistleblower suit alleging 13 of the nonprofit system’s hospitals overcharged Medicare and the U.S. military’s insurance system by admitting patients who could have been treated as outpatients, California prosecutors said Thursday.

  • October 30, 2014

    Fry’s Tells Calif. Panel Concepcion Requires OT Arbitration

    Fry's Electronics Inc. urged a California appellate panel Thursday to send to arbitration a putative class alleging the retailer violated wage and hour laws, saying a lower court erroneously ruled its arbitration contract was unconscionable and unenforceable by applying outdated case law superseded by the U.S. Supreme Court's 2011 Concepcion decision.

  • October 30, 2014

    11th Circ. Revives Part Of Whistleblower Medicare Suit

    The Eleventh Circuit on Thursday reinstated parts of a former Health Management Associates Inc. executive's whistleblower suit accusing the hospital operator of engaging in an illegal Medicare kickback scheme, finding that his position made some of his allegations sufficiently reliable.

  • October 30, 2014

    Stockton Wins Court Approval Of Ch. 9 Plan

    The city of Stockton, California, won court approval Thursday for its plan to exit Chapter 9 bankruptcy, with a judge rejecting holdout creditor Franklin Templeton Investments' argument that the plan was unfair because it would satisfy the city's pension obligations in full while forcing Franklin to accept a recovery of less than 1 percent.

  • October 30, 2014

    Whistleblower Pushes For KBR Docs Given Only To Gov't

    A whistleblower asked a D.C. federal court Thursday to make KBR Inc. hand over nearly 70,000 pages of documents it produced in response to a 2007 government subpoena related to his claims that KBR overbilled and accepted kickbacks during the Iraq War.

  • October 30, 2014

    Family Dollar Pays $2.3M To Settle Manager OT Class Action

    A Colorado federal judge signed off Thursday on a $2.3 million class action settlement resolving allegations that Family Dollar Stores Inc. improperly classified store managers as exempt from overtime.

  • October 30, 2014

    9th Circ. Revives Amgen ERISA Suit After High Court Remand

    The Ninth Circuit on Thursday revived a putative Employee Retirement Income Security Act class action against Amgen Inc. for a second time, after the U.S. Supreme Court vacated its first ruling, saying the high court's ruling doesn't shield Amgen from liability for a dip in the company's stock price.

  • October 30, 2014

    Judge Demands NFL Union's Input In Players' Painkiller Case

    The California federal judge presiding over former National Football League players' class action claiming the league encouraged them to abuse painkillers demanded input from the players union Thursday, saying he can't decide whether to toss the case without first learning whether the players exhausted their union grievance opportunities.

  • October 30, 2014

    3 Tips For Keeping Noncompetes In Check

    Reports that sandwich chain Jimmy John's requires low-level workers to sign noncompete agreements have prompted media and congressional criticism, and attorneys say the situation shows the downsides of a one-size-fits-all approach to restrictive covenants. Here, attorneys offer advice on how to keep a noncompete from going too far.

  • October 30, 2014

    EEOC Invokes Privilege On Docs In Dollar General Bias Suit

    The head of the U.S. Equal Employment Opportunity Commission told an Illinois federal court Wednesday that government privilege shields analysis and recommendation documents regarding the agency's decision to file a race bias suit over Dollar General's use of background checks in hiring.

  • October 30, 2014

    LA Beats Union Workers' Suit Over Pension Payment Hike

    A California appellate panel Wednesday tossed a putative class action brought by public workers who alleged the city of Los Angeles and their unions illegally increased their pension contributions to avert layoffs during a fiscal emergency, saying the employees' contracts were properly modified through a mutual agreement.

  • October 30, 2014

    Sony Settles EEOC’s ADA Suit Over Fired Amputee

    Sony Electronics Inc. and the U.S. Equal Employment Opportunity Commission have settled a suit in Illinois federal court accusing the electronics manufacturer of violating the Americans with Disabilities Act by firing an amputee.

  • October 30, 2014

    UPS High Court Brief Signals Pregnancy Accommodation Shift

    United Parcel Service Inc. told the U.S. Supreme Court that it didn't violate the law by denying a pregnant worker's request for light duty in 2006 but added that it was changing course and making temporary light duty work available to pregnant employees with physical restrictions.

  • October 30, 2014

    Ford Tells 6th Circ. EEOC Shouldn't Force Telecommuting

    Ford Motor Co. did not have to accept a request from an employee with irritable bowel syndrome to work from home most of the week, the company told the Sixth Circuit on Wednesday in a U.S. Equal Employment Opportunity Commission disability bias suit.

  • October 30, 2014

    Jersey Mike’s Owner Is Slicing Into Overtime Pay, Suit Says

    A Florida franchisee of several Jersey Mike’s Franchise Systems Inc. sub shops was hit with a putative class action Wednesday accusing him of evading federal overtime regulations by splitting up employees’ hours across his nine stores.

  • October 29, 2014

    Calif. Court Cites Iskanian, Sends OT Row To Arbitration

    A California appeals court on Wednesday sent to arbitration a class action accusing Fred Loya Insurance Agency Inc. of shorting employees on minimum wage and overtime pay, reversing a lower court’s refusal to do so following the California Supreme Court’s landmark Iskanian decision.

  • October 29, 2014

    Calif. Panel OKs $6M Fee Award In Robert Half Settlement

    A California appeals court on Wednesday affirmed a $6.3 million fee award in staffing firm Robert Half International Inc.'s $19 million labor violations settlement, ruling that a trial court did not err in using a percentage, instead of a lodestar, to calculate the award.

  • October 29, 2014

    High Court Review Looms As NLRB Digs In On Horton

    The National Labor Relations Board doubled down on its heavily contested D.R. Horton decision Tuesday, calling arbitration agreements barring employee class actions unlawful and solidifying a split with federal courts that attorneys say will have to be resolved by the U.S. Supreme Court.

  • October 29, 2014

    Software Co. Says Rival Raided Staff, Stole Trade Secrets

    Risk management software company Reval.com Inc. slapped rival Kyriba Corp. with a $3.7 million suit in New York state court alleging it improperly sought to obtain an unfair competitive advantage by poaching employees and seeking out confidential trade secrets.

Expert Analysis

  • DOL Whistleblower Decision Will Cause Employers SOX Pain

    Gregory Keating

    The result of the U.S. Department of Labor Administrative Review Board's decision in Fordham v. Fannie Mae will likely energize the plaintiffs bar and could make it more difficult for covered employers — and their contractors and subcontractors based on Lawson v. FMR LLC — to obtain dismissals of Section 806 whistleblower retaliation claims under the Sarbanes-Oxley Act, say attorneys at Littler Mendelson PC.

  • 7 Ways Retailers Can Dodge An ADA Class Action Bullet

    Kimberly Reindl

    Even if the U.S. Department of Justice takes another year to adopt specific rules governing how websites can comply with the Americans with Disabilities Act, the threat of potential class actions against retailers favors advance planning now — the foremost advantage being companies will be better positioned to negotiate a settlement knowing they have a plan and date in place for remediation efforts, say Selena Linde and Kimberly Re... (continued)

  • DOL Crackdown On Texas Employers May Come In 2015

    J. David Giddens

    Texas employers, particularly those in energy and hospitality, may be under increased scrutiny in 2015 from the U.S. Department of Labor’s Wage and Hour Division after it received an 18 percent budget increase and 2,000 additional staffers to crack down on worker retaliation in the Southwest, says David Giddens of Fisher & Phillips LLP.

  • The Evolution Of ADR: 30 Years Of Change

    Maria M. Sypek

    As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.

  • Understanding Calif.'s Nuanced Trade Secrets Law

    Laura D. Smolowe

    After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.

  • Don't Post, Pin Or Push Your Luck On Social Media

    Michael T. Landen

    Read together, recent case law on social media in the workplace appears to support the First Amendment right to free speech, but allows employers to terminate employees if their social media conduct reflects poorly on the employer, says Michael Landen of Kluger Kaplan Silverman Katzen and Levine PL.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • ERISA To The Rescue: Preemption Of State Law Prevails

    Douglas Darch

    The Sixth Circuit’s ruling in Sherfel v. Newson reinforces the existing interpretation of the Employee Retirement Income Security Act — state law is preempted when it subjects ERISA-governed plans to different legal obligations or requires the plan administrator to pay different benefits than the plan otherwise provides, say attorneys at Baker & McKenzie.