Employment

  • October 17, 2014

    Same-Sex Marriage Bans Fall In Alaska, Arizona, Wyoming

    In a flurry of decisions Friday, same-sex couples can now marry in Alaska and Arizona, while a federal judge in Wyoming struck down that state’s gay marriage ban, but stayed the ruling for a week pending an appeal.

  • October 17, 2014

    Judge Won't Sanction Insurance Brokers In Discovery Spat

    A Florida federal judge on Thursday denied Guarantee Insurance Co.'s bid for sanctions against its insurance agent and broker over alleged discovery violations, ruling the defendants had not acted in bad faith in the dispute over the handling of an underlying workers’ compensation claim.

  • October 17, 2014

    Gov't Brings Intervening Complaint In Sikorsky FCA Suit

    The government has filed its complaint intervening in a False Claims Act suit against United Technologies Corp.’s Sikorsky Aircraft Corp. and its subsidiaries, which are accused of submitting false billing statements to the U.S. Department of Defense that hid an illegal 32 percent markup on vendor products.

  • October 17, 2014

    US Airways Pilots Near Settlement In Lump-Sum Pension Fight

    A group of former US Airways Group Inc. pilots are nearing a settlement with the airline’s pension plan trustee over accusations it takes too long to hand out lump-sum benefits, a D.C. federal judge revealed on Friday in a class certification order five months after the D.C. Circuit revived the case.

  • October 17, 2014

    Paint Retailer Spills $2.2M To End Meal Break Suit

    Paint retailer Frazee Industries Inc. has agreed to pay $2.2 million to resolve allegations it denied meal breaks to employees, made them pay for their own uniforms and failed to provide accurate wage statements, according to a filing Thursday in California federal court.

  • October 17, 2014

    AA Pilots Can't Challenge CBA Ruling, Judge Says

    A New York federal judge on Friday refused a challenge to a bankruptcy court’s approval of a collective bargaining agreement between American Airlines and a pilots’ union that scaled back benefits, finding a group of disgruntled pilots nearing retirement lack the standing to object.

  • October 17, 2014

    Former GLW Attys Launch LA Antitrust, Employment Boutique

    Four experienced attorneys who primarily last worked with Goldberg Lowenstein & Weatherwax LLP have banded together to form a Los Angeles-based firm called Kesselman Brantly & Stockinger LLP, which will focus on antitrust, employment and corporate litigation matters, the partners announced Wednesday.

  • October 17, 2014

    Littler Takes Aim At Claim Processing Patent In AIA Review

    Facing a patent infringement suit, employment law firm Littler Mendelson PC asked the Patent Trial and Appeal Board Thursday to invalidate Bashen Corp.'s patent on a system of processing equal employment opportunity claims, saying it covers nothing more than an abstract idea.

  • October 17, 2014

    Fla., Calif. Join US In FCA Suit Against Symantec

    Florida and California have joined the U.S. government in a whistleblower lawsuit accusing leading software developer Symantec Corp. of making false claims and statements resulting in its overcharging the governments by millions of dollars for its products, according to a new complaint filed Thursday.

  • October 17, 2014

    DirecTV Technicians Ask To Consolidate FLSA Suits

    A group of DirecTV Inc. technicians on Thursday asked to consolidate 11 Fair Labor Standards Act lawsuits accusing the satellite provider of misclassifying them as independent contractors to avoid wage-and-hour laws, arguing that the factual issues in the cases are nearly identical.

  • October 17, 2014

    SEC Whistleblower Head To Punish Cos. That Silence Tipsters

    In part one of a three-part peek behind the scenes of the U.S. Securities and Exchange Commission’s whistleblower office, director Sean McKessy says he’s actively pursuing cases against employers who to try to keep whistleblowers from coming forward.

  • October 17, 2014

    SEC Attorney Won't Appeal Toss Of Race Bias Suit

    A U.S. Securities and Exchange Commission attorney will not appeal a recent Washington federal court decision dismissing her race discrimination claims against the agency, according to a Thursday court filing.

  • October 17, 2014

    Abercrombie Hit With Overtime Class Action In Calif.

    Abercrombie & Fitch Trading Co. misclassifies its sales and stockroom associates as exempt from overtime wages even though they regularly work more than 40 hours in a week and are often “on call” during other shifts, according to a putative class action removed Thursday to California federal court.

  • October 17, 2014

    Trump Entertainment Allowed To Nix Union Deal In Ch. 11

    A Delaware bankruptcy judge Friday allowed Trump Entertainment Resorts Inc. to ax its collective bargaining agreement with the union representing more than 1,000 employees of the Taj Mahal and impose its alternative that trades pensions for 401(k)s and employer-provided health insurance for coverage under the Affordable Care Act.

  • October 17, 2014

    Modell's Gets Initial Nod On Overtime Settlement

    A New York federal court on Thursday gave preliminary approval to a class action settlement meant to resolve claims that Modell's Sporting Goods Inc. incorrectly classified its assistant store managers as exempt from overtime.

  • October 17, 2014

    PwC Worker Says Comcast Got Him Fired Over Service Calls

    A former PricewaterhouseCoopers LLP employee accused Comcast Corp. of getting him fired after he complained to Comcast about lackluster service, alleging Thursday in a $1 million suit in California federal court that Comcast exploited its business relationship with PwC to retaliate against him.

  • October 17, 2014

    The Employer's Survival Guide To Dealing With The EEOC

    When a worker files a U.S. Equal Employment Opportunity Commission bias charge, this sets in motion a unique process that not only can result in costly litigation but also can leave an employer branded as a serial discriminator. Law360 talked to top defense attorneys — as well as the EEOC — and their insights on navigating the investigation, conciliation and litigation stages of the agency process will be the subject of a three-article series that begins Tuesday.

  • October 17, 2014

    Texas Needs More Ebola Treatment Options, Task Force Says

    A Texas task force on infectious disease recommended that the state establish two Ebola treatment centers, expand authorization for health officials to order hospital staff exposed to Ebola to stay home and add laboratory capacity to diagnose infectious disease, Gov. Rick Perry said on Friday.

  • October 17, 2014

    7th Circ. Keeps 'Worthless Services' Out Of FCA Suits

    The Seventh Circuit declined Thursday to rehear a dispute brought over a nursing home’s allegedly false Medicare filings, leaving intact an earlier ruling that “worthless services” don’t necessarily qualify as fraudulent under the False Claims Act.

  • October 17, 2014

    Diagnostic Centers To Pay $2.6M To Settle Medicare FCA Suit

    Two groups of health diagnostic centers in Houston have agreed to pay over $2.6 million to settle a whistleblower suit brought in Texas federal court alleging the centers had improper relationships with doctors and submitted claims to Medicare that violated the False Claims Act, the U.S. Department of Justice said Friday.

Expert Analysis

  • FLSA Case Is A Guide To Using Independent Contractors

    Larry S. Perlman

    Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • 5 Ways Employers Can Fight Ebola

    Sloane Ackerman

    Most employers in the U.S. will be prepared for the current Ebola outbreak after taking a few steps, including educating employees and ensuring emergency preparedness, says Sloane Ackerman of O'Melveny & Myers LLP.

  • Singing The Siren Song Of Unlimited Vacation Policies

    Susan F. Eandi

    As with many U.S. employment law concepts and practices, the idea of unlimited vacation does not quite translate outside America because vacation is a legal entitlement in most countries, not a fringe benefit that employers can choose to offer or not, say Susan Eandi and Teresa Burlison of Baker & McKenzie LLP.

  • Inside Delaware's New Laws On Destroying Consumer Info

    Sharon Klein

    When companies that conduct business in Delaware make their 2015 New Year’s resolutions, they should be sure to add compliance with two new laws that create potential liability for companies that fail to properly destroy records or documents that contain personal identifying information, say Sharon Klein and Stephen Jenkins of Pepper Hamilton LLP.

  • 5 Essential Legal Considerations For Cos. Developing Apps

    Armand Zottola

    App development can bring great opportunity, visibility and income to a company. But there are some pronounced or unique intellectual property, ownership, privacy, data security and advertising considerations that a company should keep in mind, say Armand Zottola and Morgan Brubaker of Venable LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • Penalizing Employee Posts May Violate Protected Activity

    Sheeva J. Ghassemi-Vanni

    Though it's unclear how appellate courts will ultimately view the National Labor Relations Board's determination that an employee’s use of the “Like” button on Facebook constitutes protected activity, it is clear the NLRB is devoting significant attention to this issue, say Daniel McCoy and Sheeva Ghassemi-Vanni of Fenwick & West LLP.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • 7 Steps To Prepare For Dodd-Frank Whistleblowers

    Matt T. Morley

    Stay focused on the 120-day clock. Once 120 days have elapsed after potential wrongdoing is reported internally, a range of persons who would otherwise be ineligible for a Dodd-Frank whistleblower award suddenly becomes eligible, says Matt Morley of K&L Gates LLP.