Employment

  • September 22, 2014

    11th Circ. OKs Penalty On Atty Repping Worker Who Lost Arm

    The Eleventh Circuit on Monday upheld a Florida federal court’s decision to sanction a personal injury attorney representing a worker in his suit over a workplace accident that amputated his arm, agreeing that he had filed frivolous motions and failed to promptly provide a statement from his client.

  • September 22, 2014

    Wal-Mart PAC Violated Campaign Finance Law, Suit Says

    Wal-Mart Stores Inc. was accused on Monday of violating a federal campaign finance law by soliciting employee contributions to its political action committee in exchange for larger company donations into a Wal-Mart trust that helps workers in financial distress.

  • September 22, 2014

    Dunkin’ Donuts Workers File OT Class Action In Pittsburgh

    A Dunkin’ Donuts franchisee violated federal and state law when it refused to pay overtime to Pittsburgh-area assistant managers for at least two years, a proposed class action filed in Pennsylvania federal court on Friday claims.

  • September 22, 2014

    EEOC Takes Aim At Applebee's Franchisee's Arbitration Pact

    The U.S. Equal Employment Opportunity Commission has sued a large Applebee's and Panera Bread restaurant franchisee, alleging in Florida federal court the company required employees to sign an arbitration agreement that restricted their rights to pursue claims of discrimination. 

  • September 22, 2014

    NCAA, Plaintiffs Seek Speedy Trial In Athlete Pay Appeal

    The National Collegiate Athletic Association on Friday urged the Ninth Circuit to speed up the briefing schedule in its appeal of a judge’s decision that it violated antitrust laws by conspiring to deprive college athletes of compensation for licensing their names, images and likenesses.

  • September 22, 2014

    Nielsen $1M OT Settlement Revised After Judge Slammed Deal

    A putative class of more than 800 Nielsen Co. LLC employees claiming they were denied overtime and breaks cut down a proposed settlement to $1 million on Friday, responding to a California federal judge’s criticism that unclaimed money would go back to Nielsen.

  • September 22, 2014

    Bochetto & Lentz Wants Referral Fee Suit Kept Alive

    Philadelphia plaintiffs firm Bochetto & Lentz PC on Friday ripped efforts by a rival attorney to end a state court suit accusing it of poaching a personal injury client, arguing that the attorney actively participated in a side deal with a now-disbarred former associate at the firm.

  • September 22, 2014

    Union Reps Stiffed United Pilots In Deal, 7th Circ. Told

    Two United Airlines Inc. pilots on Monday urged the Seventh Circuit to revive their proposed class action alleging they were shortchanged on pay in a union pact following United’s 2010 merger with Continental Airlines, arguing their own union representatives had discriminated against them.

  • September 22, 2014

    Lawmakers Ask High Court To Ax UPS Win In Pregnancy Suit

    More than 100 Congress members have urged the U.S. Supreme Court to overturn a Fourth Circuit decision nixing a former United Parcel Service Inc. worker’s pregnancy and disability bias suit, arguing that Pregnancy Discrimination Act demands pregnant workers receive the same accommodations available to nonpregnant workers.

  • September 22, 2014

    SEC To Hand Out Record $30M Whistleblower Award

    The U.S. Securities and Exchange Commission announced on Monday that it expects to award more than $30 million to a whistleblower who provided key original information that led to a successful enforcement action, setting a new record for payouts received under the agency’s new Dodd-Frank powers.

  • September 22, 2014

    FordHarrison Partner Joins Ogletree Deakins' Dallas Office

    Labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC said on Monday that it has bolstered its Dallas office with the addition of an employment litigator who has experience working with clients in the healthcare and hospitality industries.

  • September 22, 2014

    Enterprise Says Ex-Worker Has Secret Lawyer In Bias Suit

    Enterprise Rent-A-Car Co. of Rhode Island on Friday urged a federal judge to sanction a former employee who filed a pro se suit alleging he was fired in retaliation for complaining about workplace discrimination, arguing he misrepresented his pro se status and is actually working with an attorney.

  • September 22, 2014

    UPMC Discrimination Audit Suit Is Moot, DC Circ. Hears

    A University of Pittsburgh Medical Center-affiliated hospital urged the D.C. Circuit on Monday to toss a lower court ruling requiring it to submit to a U.S. Office of Federal Contract Compliance Programs affirmative action audit, maintaining that the agency's five-year moratorium on the procedures renders the case moot.

  • September 19, 2014

    Detroit Council OKs $50M Regional Water Authority Plan

    The Detroit City Council on Friday signed off on two crucial agreements tied to the city's Chapter 9 restructuring plan, one creating a regional water authority that will bring in $50 million over the next 40 years and the other resolving bond insurer Syncora Holdings Ltd.'s objections to the plan.

  • September 19, 2014

    7th Circ. Says Doctor Group Lacks Standing In ACA Tax Suit

    The Seventh Circuit on Friday affirmed a lower court's ruling to toss the Association of Physician and Surgeons' challenge to the Internal Revenue Service decision to implement the Affordable Care Act's individual mandate tax without the employer mandate this year, blasting the group for its expansive and unsuccessful standing argument.

  • September 19, 2014

    Insurers Needn’t Cover Delphi’s Self-Insured Cos.: 2nd Circ.

    The Second Circuit on Friday said two insurers don’t have to assume worker’s compensation liabilities from formerly bankrupt auto parts giant Delphi Corp., now known as DPH Holdings Corp., saying their policies don’t cover the company’s self-insured entities in Michigan.

  • September 19, 2014

    Pret A Manger Gets Approval For Don-Doff Wage Deal

    A New York federal judge on Friday greenlighted Pret A Manger (USA) Ltd.'s $910,000 settlement with a class of more than 4,000 workers in New York who claimed the sandwich chain cheated them of pay for the time it took to put on their uniforms. 

  • September 19, 2014

    Fish & Richardson Litigator Moves To Polsinelli In Dallas

    Polsinelli LLP hired a longtime Fish & Richardson PC litigator who specializes in trade secret theft cases and wage-and-hour disputes to join its labor and employment and commercial litigation practices in Dallas, the firm announced Friday.

  • September 19, 2014

    Ex-Vanderbilt Worker Class Certified In WARN Act Suit

    A Tennessee federal judge has certified a class of former Vanderbilt University Medical Center workers who claimed they received insufficient notice of layoffs, rejecting the university’s argument that two groups of employees laid off at different times couldn't be combined to allow a claim under the Worker Adjustment and Retraining Notification Act.

  • September 19, 2014

    CVS Escapes EEOC Suit Over Severance Pact

    An Illinois federal judge on Thursday dismissed a U.S. Equal Employment Opportunity Commission lawsuit that alleged that CVS Pharmacy Inc.’s employee separation agreement restrains employees’ rights to file discrimination charges.

Expert Analysis

  • When Taking Health Information Is 'Protected Activity'

    Barbara E. Hoey

    State and federal courts haven't always helped when determining over the course of a retaliation suit whether an employee that took "evidence" in the midst of a discrimination lawsuit engaged in "protected activity," say Barbara Hoey and Evelyn Perez of Kelley Drye & Warren LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Breaking Down California’s New Sick Pay Law

    James P. Baker

    The fourth time was the charm. In three prior years, California legislative committees have tried to pass a statewide sick leave bill. This year, on Sept. 10, the Legislature was finally successful. Employers with California employees need to take a magnifying glass to their policies, say attorneys at Baker & McKenzie.

  • Criminal Division Wants In On FCA Whistleblower Complaints

    Christopher Wray

    Now that an early criminal review by the U.S. Department of Justice will be standard operating procedure in every whistleblower matter — in addition to potentially concurrent review by criminal assistant U.S. attorneys in the district where the qui tam action is filed — False Claims Act defendants may face a greater threat of prosecution, say attorneys with King & Spalding LLP.

  • NLRB's 'Joint Employer' Test Will Rewrite Labor Law

    Matthew D. Austin

    The National Labor Relations Board's changing of the legal definition of joint employer with respect to franchisees and franchisors is just one small part of the board's larger goal — intentionally erasing the line between legal entities in most industries, says Matthew Austin of Roetzel & Andress.

  • The State Of America's Home Health Care Workers In 2014

    Joseph A. Carello

    The U.S. Department of Labor's narrowing of Fair Labor Standards Act exemptions for home health care workers will likely have a significant economic impact not only on home care agencies and their workers, but also on consumers and government agencies at the local, state and federal levels that provide funding for home care work, says Joseph Carello of Nixon Peabody LLP.

  • Apple Class Certification Will Affect All Tech Companies

    Ian C. Schaefer

    The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.

  • White House Continues Push For Contractor Labor Rules

    Susan Cassidy

    Two recent executive orders impose significant compliance burdens on contractors. The duty to self-report labor violations is likely to present attractive grounds for bid protests. It also could spur additional litigation from workers who become aware of violations for the first time as a result of these disclosures, say attorneys with Covington & Burling LLP.

  • Differing, Changing Pleading Standards For FCA Suits

    Jonathan Feld

    Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.