Employment

  • December 9, 2016

    Tort Claims Act Leaves Employee Intent Out: Texas High Court

    Courts evaluating whether to dismiss government employees from tort claims shouldn’t consider the subjective intent behind the employees' actions but should only weigh whether their actions were within the scope of their employment, the Texas Supreme Court held Friday.

  • December 9, 2016

    FINRA Seeks Information From Fired Wells Fargo Reps

    The Financial Industry Regulatory Authority on Friday asked former employees of Wells Fargo to come forward if they believe the bank fired them for blowing the whistle on its sham customer accounts and used termination notices to further retaliate or hide its tracks.

  • December 9, 2016

    Wonder Bread Bakery To Pay $9M In Distributor Class Action

    Flowers Foods Inc., the bakery behind brands such as Wonder Bread and Nature’s Own, will pay $9 million to end a class action from distributors alleging they were misclassified as independent contractors, according to a filing with the U.S. Securities and Exchange Commission made Friday.

  • December 9, 2016

    Former Baylor Coach Launches Libel Suit Against Regents

    Former Baylor University football coach Art Briles on Thursday sued the school’s chief operating officer and three regents claiming they are actively working to stop him from finding a new job by smearing him with false allegations that he failed to report alleged sexual assaults by football players.

  • December 9, 2016

    Amazon Workers Get Partial Class Cert. In Screening Suit

    A Washington state judge on Friday granted class certification to Amazon workers who say they deserve overtime for security screenings on their lunch breaks, while tossing out the workers’ similar claims for when they’re ending their shifts.

  • December 9, 2016

    USPS, Union Fight Stay In Contractor Mail Routes Suit

    The United States Postal Service and the American Postal Workers Union fought to keep the enforcement of an arbitration award moving forward on Thursday, asking a D.C. federal court to ignore a contractors association's attempt to freeze the conversion of rural highway routes to union positions.

  • December 9, 2016

    Columbia Graduate Workers Vote In Favor Of Union

    Columbia University research and teaching assistants voted this week to organize with the United Automobile Workers, months after their petition led the National Labor Relations Board to restore the right of student assistants at private colleges to unionize.

  • December 9, 2016

    FedEx Says Security Worker's OT Action Is Preempted

    FedEx Corp. asked a Maryland federal judge Friday to toss a proposed collective action alleging it misclassified security workers to deny them proper overtime, saying federal law exempts air carriers like FedEx from the Fair Labor Standards Act’s overtime provisions.

  • December 9, 2016

    Former Boss Tells Jury Fired HSBC Exec Was Bad At His Job

    The former HSBC Securities senior vice president who claims the bank punished him for sticking up for a victim of sexual harassment was a weak-link employee who often hid out in a darkened office chatting on his mobile phone, his former boss told a Manhattan jury Friday.

  • December 9, 2016

    Jury Says Ex-IT Co. Sales Exec Didn't Break Deal

    A former executive of IT services company Computer Sciences Corp. did not breach an employment agreement barring him from poaching CSC employees or trick the company into letting him join a competitor after he resigned, a Virginia federal jury has found.

  • December 9, 2016

    Union Asks 6th Circ. To Rethink Ky. Right-To-Work Ruling

    A group of nine Kentucky unions, including chapters of the AFL-CIO, urged the Sixth Circuit Friday to reconsider its ruling upholding Hardin County, Ky.’s right-to-work ordinance, saying that federal labor law invalidates such ordinances if they are enacted by counties or local governments.

  • December 9, 2016

    NLRB Orders 2nd Union Vote After Voter List Snafu

    A National Labor Relations Board majority on Thursday ordered a second union representation election at a federal contractor’s army depot since a voter list wasn’t properly provided by the employer to an AFL-CIO affiliate, while a dissenting board member said the union’s election loss should stand because the technical mistake had no bearing on the outcome.

  • December 9, 2016

    NY Nursing Home Co. To Pay $2M In Back Wages

    The operator of five residential nursing homes in New York has agreed to pay more than $2 million in back wages to employees who were denied overtime and other pay, the U.S. Department of Labor announced Thursday.

  • December 9, 2016

    JPML Won't Combine Hospital Co.'s ERISA Exemption Suits

    The U.S. Judicial Panel on Multidistrict Litigation has declined to consolidate two putative class actions filed in separate Illinois federal courts accusing a Catholic Church-affiliated health care corporation of dodging its pension obligations.

  • December 9, 2016

    9th Circ. Rules CFAA Doesn't Make Password Sharers Felons

    A split Ninth Circuit panel clarified Thursday that the Computer Fraud and Abuse Act does not make unwitting criminals of anyone who shares a password in a published opinion denying en banc rehearing to ex-Korn/Ferry International recruiter David Nosal, who was convicted of stealing trade secrets in October 2015.

  • December 9, 2016

    Ex-Officer Urges DC Circ. To Rethink Email Speech Suit

    A District of Columbia police officer fired for sending allegedly inflammatory emails has urged the entire D.C. Circuit to reconsider a panel opinion upholding his termination, arguing that the ruling directly contradicted controlling free-speech case law.

  • December 9, 2016

    Tribe Blasts Blue Cross Hidden Email Claim In ERISA Suit

    The Little River Band of Ottawa Indians told a Michigan federal court Thursday that it has already produced all the relevant emails requested by Blue Cross Blue Shield of Michigan in the tribe's suit alleging the insurer disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan.

  • December 9, 2016

    2nd Circ. Needs Religion Test For Title VII Cases, Court Told

    A health network urged a New York federal judge Thursday to allow the Second Circuit to clarify the legal standard for defining religion in the context of Title VII, saying the court used an overly expansive test reserved for First Amendment cases to hold that its “Onionhead” belief system is a religion.

  • December 9, 2016

    Texas Employees On FMLA Leave Can't Get Unemployment

    An employee taking an absence from work under the Family and Medical Leave Act can't get unemployment benefits under the Texas Labor Code, a Texas appeals court held Thursday in a dispute between the Texas Workforce Commission and Wichita County over a former county employee.

  • December 9, 2016

    Bus Drivers Hit MBTA With Suit Over Split Shifts

    A union representing bus drivers from the Massachusetts Bay Transportation Authority hit their employer with a potential class action in Massachusetts federal court on Wednesday, alleging MBTA shorted the bus operators on pay, requiring them to travel throughout the city from one assigned location to another without compensation.

Expert Analysis

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • The Future Of FLSA's Revised White Collar Exemption

    James C. Cunningham Jr.

    Last month, a Texas federal district court enjoined the U.S. Department of Labor's 2016 revisions to the Fair Labor Standards Act's white collar exemptions. The issue is unlikely to be resolved before President-elect Donald Trump takes over, so his administration will be the one to deal with this case, says James Cunningham Jr. of Berger Singerman LLP.

  • Causation At Center Of Pennsylvania Asbestos Ruling

    Jennifer Cree

    The Pennsylvania Supreme Court's recent ruling in Rost v. Ford Motor Co. leaves asbestos defendants — especially low-dose asbestos defendants — in a precarious situation in the state. The court appears to have approved conclusory opinions as satisfaction of a plaintiff’s burden to establish substantial factor causation, and sanctioned the trial court’s improper consolidation of unrelated same-disease asbestos cases without conseque... (continued)

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • FCA Seal Opinion Lacks Needed Guidance

    Lawrence S. Ebner

    The U.S. Supreme Court's unanimous decision in State Farm Fire and Casualty v. Rigsby is disappointingly narrow, leaving intact a circuit split regarding how a district court should decide whether to dismiss a qui tam suit for a seal violation, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • 12 Things To Know About The SEC Whistleblower Program

    Jon Eisenberg

    Earlier this year, the U.S. Securities and Exchange Commission’s first chief of the whistleblower program jumped ship to a law firm that specializes in bringing whistleblower claims. The message was clear — SEC whistleblowing is a growing and lucrative area, say Jon Eisenberg and Vince Martinez of K&L Gates LLP.

  • A Closer Look At The Calif. Pay Gap And Equal Pay Act

    Jonathan Blumenstein

    A literal reading of California's new Equal Pay Act may lead one to conclude that an employer is responsible for any measurement of a gender pay differential whether statistically significant or not. However, this interpretation ignores the statistical principles upon which the estimate is based and introduces potentially harmful unintended consequences, say Jonathan Blumenstein and Charles Diamond of Charles River Associates.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Auto Cos. Should Take Note Of Recent DTSA Case Law

    Jason S. McCarter

    Most automotive businesses create valuable competitive information in today’s economy and so stand to benefit from the Defend Trade Secrets Act and recent case law developments in this area. Although case law is developing, a few recent decisions under the DTSA emphasize the broad reach of the law and a willingness of courts to provide quick relief, say attorneys at Sutherland Asbill & Brennan LLP