Employment

  • October 24, 2014

    Tyson Worker Wants High Court Hearing in Race Bias Fee Fight

    A worker in a long-running racial bias case against Tyson Foods Inc. has asked the U.S. Supreme Court to review drastic cuts to his attorneys’ fee awards, arguing courts should not be allowed to apply unilateral reductions for one lawyer's alleged deficiencies.

  • October 24, 2014

    1st Circ. Says CVS Properly Removed Wage Row

    The First Circuit on Friday reversed the remand of a putative wage class action against CVS Pharmacy Inc., saying CVS’ removal shouldn’t have been nixed for being filed past the 30-day deadline outlined in the Class Action Fairness Act, since the act includes exceptions when a suit’s damages can be readily calculated.

  • October 24, 2014

    BMW Renews Bid For Info On EEOC Background Check Policy

    BMW Manufacturing Co. LLC on Thursday criticized a South Carolina federal judge's determination that the U.S. Equal Employment Opportunity Commission's use of background checks in hiring is not relevant to the agency's allegations that BMW's criminal record check policy disproportionately screens out black job applicants.

  • October 24, 2014

    3rd Circ. Won't Rehear Commerce Bank CEO's New Trial Bid

    The Third Circuit on Thursday refused to take a second look at its decision denying Commerce Bancorp’s former CEO a new trial in his suit seeking to claim a $17 million severance package that went unpaid after he was ousted from the bank.

  • October 24, 2014

    DOL Recovers $2M In Back Wages For Solar Project Workers

    The U.S. Department of Labor has recovered nearly $2 million in back wages for construction workers on a federally funded solar energy project in Tonopah, Nevada, the agency said Thursday.

  • October 24, 2014

    DC Circ. Won’t Revisit OSHA Law On Flammable Grain Dust

    The D.C. Circuit Court of Appeals on Friday said it wouldn’t vacate a federal rule defining combustible dust in grain operations as a “hazardous chemical” and requiring employees be informed about its dangers, saying that the rule was fairly disseminated and not overly vague.

  • October 24, 2014

    FCA Whistleblower Wants Humana Suit Restrictions Lifted

    A whistleblower accusing Humana Inc. of Medicare Advantage fraud urged a Florida federal judge to reconsider his order dismissing her False Claims Act suit, claiming her latest amended complaint contains enough detail to allege a widespread case of fraud.

  • October 24, 2014

    Ex-Anapol Schwartz Atty Says Jury Must Hear Gay Bias Row

    An ex-Anapol Schwartz Weiss Cohan Feldman & Smalley PC attorney who alleges that a culture of anti-gay bias at the firm derailed a lucrative job opportunity told a Pennsylvania state judge on Thursday that disputes over the events leading up to his departure require a jury trial.

  • October 24, 2014

    Special Counsel Finds Bias Against Transgender Army Worker

    The U.S. Office of Special Counsel on Thursday announced a landmark ruling that the U.S. Department of the Army had discriminated against a civilian employee after she announced a gender transition from male to female.

  • October 24, 2014

    Medical Pot Law Trumps Unemployment Law, Mich. Court Says

    A Michigan appeals court ruled Friday that workers fired solely for failing a drug test because of their legal use of medical marijuana qualify for unemployment benefits, affirming lower court decisions that the state’s medical marijuana law preempted its unemployment law.

  • October 24, 2014

    Deferred Annuities Won't Violate 401(k) Discrimination Rule

    The Internal Revenue Service and U.S. Department of the Treasury on Friday said employer-sponsored 401(k) plans can now include annuities that are limited to older individuals without running afoul of federal nondiscrimination requirements, in a bid to promote annuity usage among taxpayers.

  • October 24, 2014

    Exotic Dancers Win Cert. In Miami Club OT Suit

    A Florida magistrate judge conditionally certified a collective class of exotic dancers Thursday in their lawsuit accusing a Miami strip club of stiffing them on wages and overtime, in violation of the Fair Labor Standards Act.

  • October 24, 2014

    Sheehan Phinney Snags Jones Day Labor Pro in Boston

    Sheehan Phinney Bass & Green PA announced that it has lured a veteran labor law practitioner from Jones Day to its Boston office.

  • October 23, 2014

    $62M FCA Suit Against Northrop Grumman Mostly Survives

    An Illinois federal judge on Thursday refused to toss most of an ex-employee's $62 million False Claims Act suit accusing Northrop Grumman Corp. of defrauding the U.S. over a program designed to create technology protecting commercial aircraft from shoulder-fired missiles, finding plausible allegations that Northrop had lied.

  • October 23, 2014

    Quinn Emanuel Fights DQ Ruling In Wrongful Firing Suit

    Quinn Emanuel Urquhart & Sullivan LLP on Thursday asked a New York appeals court to allow it to represent an investment management firm in a former employee’s wrongful termination suit, saying a lower court misapplied conflict of interest standards when it disqualified the law firm from the case.

  • October 23, 2014

    Gay Worker Fired Over God's Will Keeps Bias Suit In Play

    A New Jersey federal judge refused Thursday to nix a lawsuit brought against the owner of several Ashley Furniture HomeStore locations by an ex-human resources director who was allegedly fired because of her sexual orientation and told the termination was ordained by God.  

  • October 23, 2014

    Funds Dissatisfied With Simon Property CEO's Pay Revision

    Two pension funds launched another challenge to Simon Property Group CEO David Simon's pay in a derivative lawsuit unsealed late Wednesday, arguing revisions to his compensation made in the midst of a prior Delaware Chancery Court fight weren’t good enough and could hand him more than $150 million.

  • October 23, 2014

    Judge Koh Agrees To Take On Oracle Anti-Poaching Suit

    U.S. District Judge Lucy H. Koh agreed Wednesday to take on a proposed class action accusing Oracle Corp. of conspiring to suppress employee pay by entering an anti-poaching agreement with Google Inc., finding the new suit was related to an ongoing case about similar recruitment agreements.

  • October 23, 2014

    7th Circ. Shuns Review Of $180M ConAgra Blast Suit

    The Seventh Circuit on Thursday refused to rehear en banc a ruling that released ConAgra Foods Inc. from its portion of a $180 million jury verdict stemming from an explosion at an Illinois grain mill that severely burned three workers.

  • October 23, 2014

    San Bernardino Creditors Demand Deadline For Ch. 9 Plan

    A bank and an insurer urged the judge handling San Bernardino, California’s two-year-old bankruptcy case on Wednesday to fix a March 1 deadline for the city to submit a Chapter 9 exit plan, saying that a firm timeline will pressure recalcitrant unions into accepting benefit cuts.

Expert Analysis

  • ERISA To The Rescue: Preemption Of State Law Prevails

    Douglas Darch

    The Sixth Circuit’s ruling in Sherfel v. Newson reinforces the existing interpretation of the Employee Retirement Income Security Act — state law is preempted when it subjects ERISA-governed plans to different legal obligations or requires the plan administrator to pay different benefits than the plan otherwise provides, say attorneys at Baker & McKenzie.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • 5 Issues For Employers To Consider When Shaping Benefits

    Michelle Capezza

    In light of recent legal developments, most notably passage of the Affordable Care Act, and ongoing national issues, such as America's looming retirement crisis, corporate employers will continue to face incredible challenges to their offered health and benefit plans, says Michelle Capezza of Epstein Becker & Green PC.

  • Japan's Trade Secret Law Reform Should Focus On Discovery

    York Faulkner

    Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • The State Of Same-Sex Marriage In Florida

    Brad Gould

    If the Eleventh Circuit overturns the ruling in Brenner v. Scott, then Florida’s ban on same-sex marriage would remain in place — making the Eleventh Circuit the only circuit to uphold such a ban and opening the door to U.S. Supreme Court review, say Brad Gould and Dana Apfelbaum of Dean Mead Minton & Zwemer.

  • A Ban On Ban-The-Box?

    Natasha B. Dorsey

    In a regulatory landscape of ban-the-box laws and increased EEOC scrutiny of criminal history questions during the hiring process, employers in industries such as health care and finance are often put in the position of acting unlawfully because they are required to conduct background checks for certain positions. The Certainty in Enforcement Act could clarify things, but it also leaves the door open for trouble, says Natasha Dorse... (continued)

  • 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.