Employment

  • October 21, 2014

    Slot Machine Maker Can't Shut Down Former GC's Rival Co.

    A New Jersey federal judge refused Monday to grant a preliminary injunction to a slot machine maker alleging its former in-house counsel defected with its trade secrets to start his own company, saying it waited too long to request relief.

  • October 20, 2014

    NJ High Court Mulls Mandatory Furloughs For City Workers

    A coalition of New Jersey municipal workers’ unions urged the state’s Supreme Court on Monday to reanimate formal disputes filed against three boroughs that imposed mandatory furloughs without first negotiating with the unions, telling the justices the appellate court’s ruling ignored clear precedent.

  • October 20, 2014

    Cinemax Actress Can't Avoid Claims Over Refused Sex Scenes

    An actress suing HBO, Cinemax and a production company saying she was coerced into filming "softcore porn" sex scenes for a late-night adult television series can't avoid counterclaims alleging she breached her contract by refusing to appear nude in the scenes, a California judge ruled Monday.

  • October 20, 2014

    NLRB Judges Knock 2 Employers' Arbitration Pacts

    A California grocery chain and a Las Vegas limousine service were faulted Friday by National Labor Relations Board judges who found the employers violated federal labor law by requiring employees to sign arbitration agreements that interfered with their right to bring collective actions.

  • October 20, 2014

    Flawed Order Led To Worker's $2.5M Award, Cruise Line Says

    Celebrity Cruises Inc. urged a Florida appeals court Monday to reverse a $2.5 million award to a former employee injured in a fight with a co-worker, saying the trial judge erred in sanctioning the company and finding it in default over a discovery matter.

  • October 20, 2014

    KBR, Halliburton Whistleblower Urges High Court To Allow Suit

    The whistleblower behind a False Claims Act case accusing Kellogg Brown & Root Services Inc. and Halliburton Co. of fraud has told the Supreme Court that the Fourth Circuit was right to rule that the Wartime Suspension of Limitations Act applies to civil FCA suits about wartime contracts.

  • October 20, 2014

    Firsthand Knowledge Needed To Clear FCA Bar, 3rd Circ. Rules

    The Third Circuit on Monday upheld the dismissal of a former Medco Health Solutions Inc. executive's False Claims Act kickback suit against Bristol-Myers Squibb Co. and AstraZeneca Pharmaceuticals LP, saying that firsthand knowledge of improper activity is necessary to overcome the FCA's public disclosure bar.

  • October 20, 2014

    High Court Denies Blue Cross' Appeal In Hidden Fee Case

    The U.S. Supreme Court on Monday declined to hear Blue Cross Blue Shield of Michigan's appeal of a $5.1 million judgment against the insurer over allegations it charged an auto supplier hidden fees while administering its health plan, allowing a host of similar lawsuits to go forward, according to plaintiffs' firm Varnum LLP.

  • October 20, 2014

    Accounting Group Warns EEOC About 'Expansion' Of ADEA

    The American Institute of Certified Professional Accountants urged the U.S. Equal Employment Opportunity Commission Monday to scuttle any potential lawsuits over retirement practices at accounting partnerships, warning that deeming accounting firm partners “employees” under the Age Discrimination in Employment Act would disrupt the profession.

  • October 20, 2014

    Nurses Launch Campaign For Strict Ebola Protocols

    The largest nurses' union in the U.S. on Monday began a week of events to encourage the public to pressure the Obama administration and Congress to require strict standards for Ebola treatment at hospitals and other health care employers.

  • October 20, 2014

    Pashman Stein Wins Rehearing Of Nostrum Fee Battle

    The New Jersey Appellate Court on Monday ordered a new hearing over Pashman Stein PC's injunction compelling Nostrum Laboratories to pay at least $500,000 in fees for a generic-drug developer in a noncompete suit brought by Dr. Reddy's, saying the case’s underlying facts were in dispute.

  • October 20, 2014

    Silent CBA Weighs Against Lifetime Healthcare, Justices Told

    A Sixth Circuit ruling that left M&G Polymers USA LLC responsible for a class of retirees' lifetime health benefits was “infected” by precedent regarding collective bargaining agreements that is out of step with federal labor policy and common sense, the company has told the Supreme Court.

  • October 20, 2014

    PAGA Claims Can Be Waived In Arbitration Pacts, Judge Says

    A federal judge rejected the California Supreme Court's conclusion that workers' right to bring representative Private Attorney General Act claims can't be waived through arbitration agreements, marking the latest federal ruling to eschew the state high court's June Iskanian decision.

  • October 20, 2014

    EEOC Names New Head Of Northwest Offices

    The U.S. Equal Employment Opportunity Commission has announced that the director of its Denver field office will helm the office in Seattle, which has jurisdiction over offices in the Northwest.

  • October 20, 2014

    Cargill Can't Win 1-Year Work Ban Against Former Exec

    A federal judge on Monday refused to grant Cargill Inc. an injunction that would have barred a former executive from working at rival JBS USA for a year, saying the food giant failed to prove he had threatened to disclose trade secrets to his new company.

  • October 20, 2014

    2nd Circ. Denies Seneca's Bid For Reinsurer Reimbursement

    The Second Circuit has refused to overturn a lower court’s finding that Seneca Insurance Co. can’t claim reinsurance from Everest Reinsurance Co. in a wrongful termination suit, finding “no merit” in Seneca’s arguments that prejudgment interest should be considered part of its loss.

  • October 20, 2014

    Agency Needs Input Before Changing Stance, High Court Told

    Federal agencies must accept public input before substantially changing how they interpret regulations, the U.S. Chamber of Commerce and other business groups told the Supreme Court on Thursday, in a case challenging the U.S. Department of Labor's reclassification of mortgage loan officers as overtime-eligible.

  • October 20, 2014

    SEC Whistleblower Head Calls Tipster Identity 'Sacrosanct'

    In part two of a three-part peek behind the scenes of the U.S. Securities and Exchange Commission’s whistleblower office, director Sean McKessy explains how he’s learned to share information both within and outside of the agency without ever compromising the identity of his tipsters.

  • October 20, 2014

    Ask.com Slapped With Anti-Poach Suit Over Deal With Google

    Ask.com on Friday became the latest Silicon Valley tech company to be sued over allegations that it had colluded with Google Inc. and others to keep down salaries by agreeing not to poach each other's directors, according to a proposed California federal antitrust class action.

  • October 20, 2014

    Employers' EEOC Survival Guide: The Investigation

    Employers that aren't careful about how they respond when the U.S. Equal Employment Opportunity Commission comes knocking to investigate discrimination charges can doom their chances for reaching an agreeable settlement and end up on the losing end of a sweeping systemic bias suit. Companies must be cooperative but still think strategically from the very outset, lawyers and the EEOC say. This is the first in a three-article series on navigating the EEOC process.

Expert Analysis

  • Brazil's E-Social Program: A New Horizon For Employers

    Walter Abrahao Nimir Junior

    The goal of Brazil's eSocial program is to gradually replace obligations from previous labor and social security withholding forms, thus reducing employers' repetitive and excessive submission of information, say Walter Abrahao Nimir Junior and Marina Alfonso de Souza of De Vivo Whitaker e Castro Advogados.

  • 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.