Employment

  • July 6, 2015

    Feds Wants $202M From Hospice Chain for FCA Violations

    The federal government on Thursday asked an Alabama federal judge for more than $202 million in damages from AseraCare Inc. in a False Claims Act suit which alleges the company allowed non-terminally ill patients to receive Medicare-funded hospice stays.

  • July 6, 2015

    Twin City On Hook For Workers' Comp Award: Neb. High Court

    The Nebraska Supreme Court has affirmed that Twin City Fire Insurance Co. must cover a workers' compensation award to a boiler manufacturing plant employee who suffered permanent hearing loss, even though the insurer didn't receive notice of the claim until after the award was entered.

  • July 6, 2015

    Gov't Urges 7th Circ. To Rehear $52M College Aid FCA Suit

    The federal government and a whistleblower who alleged a Career Education Corp.-owned college lied to rake in $51.8 million from federal grants and loans urged the Seventh Circuit for a rehearing Thursday, saying the original panel misinterpreted the False Claims Act when it ruled for the college.

  • July 6, 2015

    EEOC Wins TRO On Firing In National Origin Bias Suit

    A California federal judge on Thursday issued a temporary restraining order prohibiting a San Jose bakery from firing a Mexican worker who alleged the bakery’s owner discriminated against her on the basis of her national origin and filed a complaint with the Equal Employment Opportunity Commission.

  • July 6, 2015

    Baseball Scouts Hit MLB With Antitrust, OT Class Action

    Major League Baseball conspired to prevent baseball scouts from moving between teams and stiffed them on overtime pay, according to a proposed class action filed in New York federal court claims, echoing similar allegations brought by minor league players.

  • July 6, 2015

    IT Worker Says Cantor Fitzgerald Tried To Avoid OT Wages

    Cantor Fitzgerald Securities Inc. has been hit with a class action by a member of its tech support staff who claims the company tried to force him and other members of his team into signing away their rights to overtime.

  • July 6, 2015

    Continental Workers Ink $3.3M Deal To End Pay Statement Row

    Employees of the former Continental Airlines Inc. have reached a $3.25 million settlement with the air carrier to end a putative class action that claimed Continental's wage statements didn’t adhere to California’s Labor Code.

  • July 6, 2015

    Home Depot Is Shirking OT Pay, Delivery Drivers Claim

    A group of delivery drivers hit The Home Depot Inc. with a proposed class action for allegedly forcing them to take compensatory time off rather than pay them overtime, according to a filing in New Jersey federal court.

  • July 6, 2015

    Wyo. Tribe's Suit Over ACA Mandate Tossed By Judge

    A Wyoming federal judge on Thursday dismissed the Northern Arapaho tribe's suit alleging that it shouldn’t be subject to the Affordable Care Act's large employer mandate, concluding that because the mandate is considered a tax, the suit is barred under federal laws precluding such claims.

  • July 6, 2015

    Navy Triples Maternity Leave In Bid To Keep Women Sailors

    The U.S. Navy has tripled the amount of maternity leave available for female sailors and Marines to 18 weeks, it announced Thursday, with Navy Secretary Ray Mabus saying the move would benefit both service members and the Navy.

  • July 6, 2015

    Former Workers Say Fluor Lost Millions In Gov't Property

    A trio of former logistics personnel hit Fluor Intercontinental Inc. with a False Claims Act suit in Texas federal court Friday accusing the contractor of hiding millions of dollars' worth of lost government property in Afghanistan and then firing them for asking too many questions about it.

  • July 6, 2015

    Ex-Goldman Coder Gets Theft Conviction Reversed

    A New York state judge on Monday overturned the conviction of former Goldman Sachs Group Inc. programmer Sergey Aleynikov, who was accused of stealing the financial giant’s computer code for its high-frequency trading platform, marking the second time a court has set aside a guilty verdict against him.

  • July 2, 2015

    Sports Agency Wage Suit Was Properly Served, Plaintiff Says

    The former vice president of business development at a Pennsylvania sports agency who sued the company and its CEO alleging unpaid wages asked a New York federal judge Wednesday to deny the CEO’s motion to dismiss the case over a claim the lawsuit was improperly served.

  • July 2, 2015

    Ex-Ill. Athletes Sue School, Coach For Racist Treatment

    A group of former players for the University of Illinois women’s basketball team sued the school and the team’s coaches in Illinois federal court on Wednesday, saying a pattern of racist treatment violated their rights and forced them to leave the school.

  • July 2, 2015

    Legal Secretary Sues Winston & Strawn For ADA Violations

    A Winston & Strawn LLP legal secretary slapped the law firm with a $6 million-plus suit on Thursday, alleging that the company violated the Americans with Disabilities Act by not accommodating her epilepsy-related symptoms and hearing loss, and intentionally inflicted emotional distress.

  • July 2, 2015

    UPS Shipping Charge FCA Suit Fails On 4th Delivery Attempt

    A California federal judge on Monday tentatively tossed for the fourth time a UPS worker’s False Claims Act suit alleging the shipping giant overcharged the federal government, saying the plaintiff hasn’t shown how he has any connection to the UPS unit that allegedly submitted the false claims.

  • July 2, 2015

    8th Circ. Urged Not To Rehear $42M NFL Player IP Deal

    The settling plaintiffs in a $42 million settlement between the NFL and nearly 25,000 players over the use of players' likenesses in NFL-sponsored TV shows told the Eighth Circuit on Thursday not to rehear the case, despite several former players’ request for a rehearing.

  • July 2, 2015

    Kaye Scholer Says Ex-Atty Not Fired Over EEOC Bias Charges

    Kaye Scholer LLP sought to dismiss six counts Wednesday from a former senior associate's $20 million suit alleging she was fired because of her gender and sexual orientation, contending she cannot demonstrate she was harmed for seeking a U.S. Equal Employment Opportunity Commission discrimination probe.

  • July 2, 2015

    Showdown Looms In 6th Circ. Over NLRB's Tribal Authority

    A recent Sixth Circuit opinion enforcing a National Labor Relations Board decision that struck down anti-union rules at a Michigan tribal casino laid bare the discord among the court's judges on the board's authority over tribal businesses and sets the stage for more fireworks, experts say.

  • July 2, 2015

    The Biggest Pa. Court Decisions Of 2015: Midyear Report

    While a focus on criminal matters has resulted in few blockbuster civil decisions by the Pennsylvania Supreme Court so far this year, major pharmaceutical trials in Philadelphia and a defense attorney’s ongoing fight over a $1 million sanction have grabbed the attention of business lawyers in the state in 2015. Here, Law360 takes a look at some of the major decisions and the cases to keep on your radar.

Expert Analysis

  • The Next Step Forward In Disability Rights Law

    Ahaviah Glaser

    Despite the passage of the Americans with Disabilities Act 25 years ago, even a cursory look at independent, community-based living for the disabled reveals that significant barriers remain. Passage of the Transition to Independence Act would be a game changer for the community and hopefully start a larger discussion on how to remedy their problems in the home and the workplace, says Ahaviah Glaser of Cozen O'Connor PC.

  • The Perils Of An English-Only Language Workplace Policy

    Jennifer C. Terry

    Courts remain split on the U.S. Equal Employment Opportunity Commission's position that broad English-only policies can be per se discriminatory. However, even in jurisdictions where courts have rejected the EEOC’s position on English-only policies, the employer does not automatically prevail, say Jennifer Terry and Steve Chariyasatit of Arent Fox LLP.

  • Could Chief Justice Roberts Have Concurred In Obergefell?

    Janice Mock

    Chief Justice John Roberts' dissenting argument in Obergefell v. Hodges misses the point entirely. If the U.S. Supreme Court has any rights at all, such rights surely include the ability to ensure that states don’t create laws — in Obergefell, bans on same-sex marriage — that abridge a citizen’s right to life, liberty and the pursuit of happiness, says Janice Mock of Nossaman LLP.

  • Tips For Protecting Trade Secrets In China

    Ruixue Ran

    It will take time to improve China’s recognition and enforcement of intellectual property protection, and to harmonize China’s fragmented patchwork of laws and regulations governing trade secrets enforcement. But reported improvements — such as easier filings, simplified trial procedures and shorter hearings at the new IP courts — provide hope that progress will continue, say attorneys with Covington & Burling LLP.

  • Did 'America's Sexiest Man' Almost Doom The ACA?

    Kim Wilcoxon

    Although former Republican Massachusetts Sen. Scott Brown didn't cast the deciding vote in the U.S. Supreme Court's 5-4 ruling in King v. Burwell, the one-time Cosmopolitan magazine pick for "America's Sexiest Man" played a significant role in the legal trials and tribulations of the Affordable Care Act, says Kim Wilcoxon of Thompson Hine LLP.

  • Wrapping Your Head Around NJ Workers' Comp Jurisdiction

    Timothy R. Freeman

    The practical effect of the New Jersey Supreme Court's ruling in Estate of Kotsovska v. Liebman may be to discourage the filing of petitions for workers' compensation benefits and to encourage litigation in the state's courts regarding employment status after a workplace injury has occurred, says Timothy Freeman of Sedgwick LLP.

  • 7th Circ. Rejects FCA Implied False Certification Theory

    Emily Theriault

    The Seventh Circuit’s recent ruling in U.S. v. Sanford-Brown Ltd. — a welcome decision for government contractors — runs against the tide of circuits adopting variations of the False Claims Act implied false certification theory, says Emily Theriault of Sheppard Mullin Richter & Hampton LLP.

  • The Sharing Economy's Next Phase: The Active Venue Firm

    Michael A. Troncoso

    Grocery delivery startup Instacart’s new worker classification approach reflects an emerging trend in how the sharing economy navigates its central dilemma — ensuring flexibility and freedom for its workforce, while maintaining quality and safety. More sharing economy firms are likely to use Instacart’s approach — becoming what I call an "active venue firm" — especially for services that are complex, sensitive or require intensive ... (continued)

  • Citizen-Employee Speech After Lane V. Franks

    Kyle D. Winnick

    Lower court decisions are in disagreement as to what extent, if at all, the U.S. Supreme Court's ruling in Lane v. Franks qualified Garcetti v. Ceballos' central holding that only public employees' "citizen speech" is protected. Because courts characterize job responsibilities differently, their definitions of employee and citizen speech vary, says Kyle Winnick of Maduegbuna Cooper LLP.

  • The Truth About Variable Annuities

    Rhett Owens

    It seems there is no more vehemently decried investment product than the variable annuity. But the truth is that variable annuities can form part of a balanced, effective portfolio if you avoid the red flags that can spawn annuity-related litigation, says Rhett Owens of Burr & Forman LLP.