Employment

  • April 29, 2016

    Dov Charney Can't Ditch Hedge Fund's Leadership Pact Suit

    The Delaware Chancery Court rejected former American Apparel CEO Dov Charney's call to dismiss or stay Standard General’s suit claiming he violated an agreement to remove himself from company leadership, saying Friday it wouldn’t be appropriate to wait on Charney's pending California litigation against the hedge fund and others.

  • April 29, 2016

    5th Circuit Affirms Slashed Atty Fees In Hospital FCA Suit

    The Fifth Circuit Court of Appeals Friday upheld a Texas federal judge's ruling awarding just over a third of the $2.08 million in attorneys' fees requested in a whistleblower's False Claims Act suit accusing a hospital of overbilling, finding that the attorneys' billable hours failed to adequately break down their work.

  • April 29, 2016

    NuVasive Can't Erase $28M Verdict, Former Distributor Says

    Spinal device distributor Madsen Medical urged a California federal court Friday to reject attempts by a device maker, NuVasive Inc., to pare down a nearly $28 million verdict or get a new trial, saying the jury had it right the first time.

  • April 29, 2016

    Roscoe’s Chicken Sued Over Rest Breaks, Lighter-Skin Bias

    A former waitress for Roscoe’s House of Chicken & Waffles served the famous restaurant with a proposed class action saying she was forced to clock out for breaks she didn’t get to take and added individual claims, including that she was discriminated against for having darker black skin.

  • April 29, 2016

    Pa. Oil Co. Slapped With FLSA Class Action in OT Tussle

    Pittsburgh-based EQT Production Co. was hit with a putative class and collective action in Pennsylvania federal court Thursday accusing the oil and natural gas company of misclassifying certain employees as exempt and preventing them from collecting overtime wages after they put in up to 84 hours of work a week.

  • April 29, 2016

    No Need to Rethink Tipping-Pool Rule, DOL Tells 9th Circ.

    The U.S. Department of Labor on Thursday said the Ninth Circuit was right to uphold an agency rule barring employers from using tip pools to boost kitchen worker wages, arguing that the decision does not conflict with previous court rulings or labor laws.

  • April 29, 2016

    Texas Jury Rules Against School Board In Retaliation Suit

    A Texas federal jury on Thursday recommended awarding a combined $3.18 million to six current and former employees of the Donna Independent School District who claimed they were demoted and had their pay reduced in retaliation for opposing certain board of trustee members during a 2014 election. 

  • April 29, 2016

    NBA Slammed By NY Judge In Ex-Employee Retaliation Row

    A New York state judge chided the National Basketball Association for using photos demeaning to women in a rookie orientation course, allowing certain evidence for a former employee who claims he was fired in retaliation for raising concerns about sexual harassment of female co-workers.

  • April 29, 2016

    3 Employer Takeaways From The Defend Trade Secrets Act

    With President Barack Obama on the cusp of signing a bipartisan bill that offers companies greater access to federal court in trade secret cases, attorneys say employers need to prepare for the law’s other provisions, including a new requirement that employees be notified of their right to disclose trade secrets as part of government investigations.

  • April 29, 2016

    Faruqi Takes 2nd Swing At Ex-Partner's Leucadia Fees Suit

    Faruqi & Faruqi LLP took a second run Friday at a former partner’s lawsuit alleging the firm didn’t pay her for work in shareholder litigation challenging Leucadia National Corp.’s $3 billion Jefferies Group Inc. grab, saying she tried to tack on allegations after the complaint was filed.

  • April 29, 2016

    Calls To Revoke Hastert's Pension Blocked By State Law

    An Illinois legislator called for former House Speaker Dennis Hastert to be stripped of the pension he earned while he was a member of the state's General Assembly on Thursday, but it's unlikely it will be allowed under state law.

  • April 29, 2016

    Hollister, Byram To Pay $21M In FCA Kickbacks Case

    Medical product maker Hollister Inc. and medical product supplier Byram Healthcare Centers Inc. will pay a combined $21 million to resolve whistleblower allegations that they violated the False Claims Act by carrying out a yearslong kickback scheme involving catheters and colostomy bag accessories, the U.S. Department of Justice said on Friday.

  • April 29, 2016

    UnitedHealth Says Class Wouldn't Be Efficient In ERISA Suit

    A UnitedHealth Group Inc. unit on Thursday asked a California federal judge not to certify a class of plan holders who say they were improperly denied mental health and substance abuse treatments in violation of ERISA, as each claim would need to be handled on an individual level.

  • April 29, 2016

    Akin Gump Reaches Deal In Fired Staffer's Race Bias Dispute

    Akin Gump Strauss Hauer & Feld LLP has resolved racial discrimination claims brought by a black former employee who alleged she was fired for using the wrong parking garage, according to a Friday filing in Texas federal court.

  • April 29, 2016

    Brady Takes Gibson Dunn Big Gun To Deflategate Fight

    New England Patriots quarterback Tom Brady and the NFL Players Association brought in a famed Gibson Dunn litigator on Friday to their fight over the Second Circuit reinstatement of Brady's four-game suspension for his role in the Deflategate scandal.

  • April 29, 2016

    Disabled United Worker Urges Justices To Revive ADA Suit

    The Seventh Circuit’s decision tossing a discrimination lawsuit from a disabled United Airlines worker who was bumped from a non-physical desk job is “tantamount to a repeal” of the Americans with Disabilities Act, the worker has told the U.S. Supreme Court in a petition to revive the case.

  • April 29, 2016

    Texas Law Firm Says Ex-Client Can't Show Malpractice

    Texas firm Burt Barr & Associates LLP asked a federal judge on Friday to permanently dismiss a former client’s malpractice suit accusing the firm of failing to take the necessary steps for her to collect on a $3 million sexual harassment suit judgment, saying she has failed to show the ability to collect.

  • April 29, 2016

    Hospital Hit With EEOC Suit For Requiring Flu Vaccines

    The U.S. Equal Employment Opportunity Commission is suing a North Carolina hospital in federal court on behalf of employees who say they were given the choice between being terminated or violating their religious beliefs by receiving a flu shot.

  • April 29, 2016

    Boeing Must Face ERISA Pension Benefits Suit

    A Washington state federal judge has said Boeing must face claims that recruiters and human resources staff members concealed future pension reductions before three employees agreed to transfer jobs within the company, rejecting the aerospace giant’s assertion that the case was time-barred.

  • April 29, 2016

    Denver Airport Contractor Wins In Workers' Headscarf Suit

    Jetstream Ground Services, contractor at the Denver Airport, won a favorable verdict from a Colorado federal jury Thursday, defeating a suit alleging it discriminated against Muslim women who asked to wear headscarves and long skirts while on the job.

Expert Analysis

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Fending Off Litigation With New Calif. Piece Rate Law

    Jon Daryanani

    In addition to setting pay standards, California's new piece rate law gives employers an opportunity to address past violations related to uncompensated rest and recovery time. When utilized, these safe harbor provisions can provide an affirmative defense against claims for such unpaid periods, say attorneys at Perkins Coie LLP.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Monitoring Employee Communications: A Brave New World

    Karla Grossenbacher

    Most employers are comfortable with the notion that, with a properly worded policy, they can access employee emails on a company-provided email server. However, what about situations where employees use web-based email, like Gmail or Hotmail, to communicate in the workplace? Using several recent cases as examples, Karla Grossenbacher at Seyfarth Shaw LLP examines an employer’s rights to access and review such communications.

  • Dentons: A New Kind Of Network?

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    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • A New Perspective On Seated Work For Calif. Employers

    Jason Brown

    In Kilby v. CVS Pharmacy, the California Supreme Court made three core holdings, but none tracked the arguments made by either the defendant or plaintiff in the case. The court instead adopted the conclusions of a case decided by the California Department of Labor Standards Enforcement, which shows how persuasive the DLSE is to the court on issues of statutory interpretation and application, says Jason Brown at Fisher & Phillips LLP.

  • Avoiding The Risk Of Cybersecurity Whistleblowers

    Renee Phillips

    With regulators hungry to identify and investigate potential cybersecurity issues, whistleblowers provide a fertile opportunity to get the inside perspective with little to no resource investment. The Tiversa case brings into sharp focus the potential impact that cyber whistleblowers can have, and how organizations can mitigate that risk, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • A Victory For SOX Whistleblowers In Recent DOL Decision

    Debra Katz

    A recent decision from the U.S. Department of Labor's administrative review board in Dietz v. Cypress ultimately strengthens protections for whistleblowers at publicly traded companies. The language about protected activity and constructive discharge in this decision could form useful tools for whistleblowers and their counsel in years to come, say Debra Katz and Matthew LaGarde at Katz Marshall & Banks LLP.

  • 3 Takeaways From The Native American Finance Conference

    Kathleen M. Nilles

    At the Native American Finance Officers Association's recent annual conference tribal and government officials discussed ways tribal leaders can reduce taxes on tribal members without reducing income or benefits, uncertainty over the Affordable Care Act's new reporting requirements and the development of energy projects on tribal lands, say attorneys at Holland & Knight LLP.

  • A Summer Storm Brews In Anticipation Of DOL Overtime Rule

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    If the U.S. Department of Labor's controversial overtime regulations are eventually enacted, it's estimated they could cost employers more than $1 billion annually. But even though the approaching changes are disconcerting for employers across all industries, they do offer an ideal opportunity to address any existing misclassification issues, says Janet Hendrick at Fisher & Phillips LLP.