• August 27, 2015

    NLRB Puts Spotlight On Employers' Business Relationships

    The National Labor Relations Board's blockbuster decision on Thursday changing its joint employer standard expanded the universe of entities that could be saddled with unfair labor practice liabilities and bargaining obligations, a move that lawyers say should prompt employers to re-evaluate business relationships with the broader joint employer definition in mind.

  • August 27, 2015

    Miss. Hospital Beats EEOC Suit Over Firing Of Injured Nurse

    A Mississippi federal judge on Thursday tossed a discrimination lawsuit filed by the Equal Employment Opportunity Commission against a Vicksburg, Mississippi, hospital, holding the commission failed to meet its burden that an injured nurse was protected by the Americans with Disabilities Act.

  • August 27, 2015

    Genesis Healthcare Faces FCA Row Over Unneeded Therapies

    Genesis Healthcare LLC is facing a consolidated False Claims Act suit brought by a group of therapists who claim the health care provider overcharged the government for therapies and put patients through unnecessary treatments to extract more money, according to a complaint unsealed Thursday in Pennsylvania federal court.

  • August 27, 2015

    DOL Sues Ohio Televangelist's Buffet For Wage Violations

    A televangelist served up pizza casserole and baked chicken at his Ohio buffet restaurant together with numerous sides of labor law violations, a filing in Ohio federal court alleges.

  • August 27, 2015

    Minor Leaguers' MLB Antitrust Pay Case Could Strike Out

    A California federal judge on Thursday sounded ready to dismiss a putative class action accusing Major League Baseball of violating federal antitrust law by suppressing minor leaguers’ compensation, saying the Ninth Circuit this year affirmed that Major League Baseball remains exempt under antitrust law.

  • August 27, 2015

    Morgan Stanley Hit With $20M Retaliatory-Firing Suit

    Morgan Stanley was sued for $20 million on Thursday by two former brokers who say they were fired in retaliation for bringing up fraud and illegal activity at the megabank.

  • August 27, 2015

    Wash. Public Worker Must Reveal Texts On Personal Phone

    A public employee’s work-related texts sent on a private cellphone while working are public records subject to disclosure, the Washington Supreme Court ruled Thursday, ordering a county prosecutor to produce text messages in response to a records request.

  • August 27, 2015

    DOL, USCIS Seek Ideas On Info Collection Changes

    U.S. Citizenship and Immigration Services has issued a notice extending the period for public comment on its information collection regarding the L-1 blanket petition, while the U.S. Department of Labor has issued its own notice asking for revisions to the National Agriculture Workers Survey.

  • August 27, 2015

    11th Circ. Revives Ex-TransUnion Exec's Noncompete Battle

    The Eleventh Circuit on Thursday ruled that a lower court erred by finding that a section of Florida’s noncompete law could be used to enforce injunctions on restrictive covenants, reviving an executive’s bid to kill enforcement of his agreement with TransUnion Risk and Alternative Data Solutions Inc.

  • August 27, 2015

    Oil Well Monitors Score Cert. In OT Collective Action

    Flow testers responsible for monitoring oil and gas wells scored conditional certification in Texas federal court Thursday in a collective action accusing their employer of violating the Fair Labor Standards Act by improperly classifying them as independent contractors in order to stiff them on overtime pay.

  • August 27, 2015

    3rd Circ. Won't Revive Quest Diagnostics Kickbacks Row

    The Third Circuit refused Wednesday to revive a suit brought by a Pennsylvania physician alleging Quest Diagnostics Inc. offered doctors perks and kickbacks for referrals, holding he failed to overcome the False Claims Act's provisions prohibiting claims based on information that’s already publicly disclosed.

  • August 27, 2015

    Clerk’s Appeal Can’t Hold Up Marriage Licenses, 6th Circ. Says

    A Kentucky clerk who has refused to hand out any marriage licenses in protest of the U.S. Supreme Court’s landmark decision legalizing same-sex marriage nationwide must issue licenses while appealing her case, the Sixth Circuit ruled Wednesday.

  • August 27, 2015

    CVS Warehouse Workers Lower Attys' Fee Request In Deal

    Counsel for CVS Pharmacy Inc. warehouse employees on Wednesday reduced their requested attorneys’ fees in a $900,000 deal to settle claims that CVS didn't compensate them for off-the-clock work, after a California magistrate judge said counsel’s previous request was too high.

  • August 27, 2015

    DOL Contracting Rule Needs More Dialogue, ABA Section Says

    A section of the American Bar Association asked the U.S. Department of Labor and the Federal Acquisition Regulatory Council on Wednesday to revoke and reissue proposed guidance for a proposed contracting regulation, saying the rule needs more vetting by stakeholders. 

  • August 27, 2015

    Air Force Drone Contractor Pays Nearly $1M In Back Wages

    General Atomics Aeronautical Systems Inc. has paid 901 employees a total of $945,000 in back wages after a U.S. Department of Labor investigation found it was paying remote job site workers based on where they were based, not where they did the job, according to an announcement Thursday.

  • August 27, 2015

    BofA Slams 'Vexatious' Objector To $9M Part-Timers Deal

    Bank of America Corp., along with the lead class plaintiff accusing the bank of shorting part-time employees, on Wednesday criticized objections to a $9 million settlement of the suit as frivolous and the work of a serial vexatious litigant.

  • August 27, 2015

    EEOC Wants In On Oral Arguments In Sage Trans Bias Case

    The Equal Employment Opportunity Commission wants to argue on behalf of a transgender truck driving instructor who is trying to revive a sex discrimination suit against Sage Corp., telling the Fifth Circuit Wednesday the case raises a critical question about workplace discrimination.

  • August 27, 2015

    Calif. Court Urged to Depublish Chipotle Class Cert. Ruling

    The California Supreme Court should depublish an appellate decision delaying the appeal of Chipotle Mexican Grill Inc. employees' denied class certification, a lawyers association argued Wednesday, saying the ruling will create confusion  about how to balance the timing of an appeal and litigants' rights and clashes with longstanding precedent.

  • August 27, 2015

    UAW Wants Atty Sanctioned For 'Baseless' Suit

    United Automobile Workers asked a Michigan federal court Wednesday to sanction the attorney for a number of current and former Automotive Component Carrier LLC employees alleging their union rights have been violated, saying the lawyer should have known there was no basis for the claims.

  • August 27, 2015

    NLRB Adopts New Test For Determining Joint-Employer Status

    The National Labor Relations Board “refined” its test for determining joint-employer status Thursday, in a highly anticipated split decision that concluded Browning-Ferris Industries of California Inc. was a joint employer of workers provided by a staffing agency at a BFI recycling plant.

Expert Analysis

  • Confusion Over FCA’s Seal Requirements Continues

    Robert J. Sherry

    The Fifth Circuit's decision in Rigsby v. State Farm Fire & Casualty Co. and the Fourth Circuit's decision in Smith v. Clark/Smoot/Russell reaffirm that federal courts are highly reluctant to dismiss cases brought under the False Claims Act for breaches of its seal provisions. They also reinforce divisions among the circuits concerning the applicable standards for such dismissals, says Robert Sherry of Morgan Lewis & Bockius LLP.

  • 7th Circ. Again Limits Dukes, This Time In Teacher Case

    Gerald L. Maatman Jr.

    Chicago Teachers Union Local No. 1 v. Board of Education of the City of Chicago is significant for employers in that the Seventh Circuit, as it did in McReynolds v. Merrill Lynch Pierce Fenner & Smith Inc., certified a race discrimination class action even though the final alleged discriminatory decisions were based on subjective decisions by multiple decision makers. In so doing, the court further limited Wal-Mart Stores Inc. v. D... (continued)

  • A Tale Of 2 Cases Shows Dilemma Over Workplace Violence

    Mark A. Lies II

    The Ninth Circuit's ruling in Mayo v. PCC Structurals Inc. and an Occupational Safety and Health Review Commission administrative law judge's decision in Secretary of Labor v. Integra Health Management Inc. illustrate the competing liabilities health care employers face in their decision-making when responding to workplace violence, say Mark Lies II and Craig Simonsen of Seyfarth Shaw LLP.

  • Congress Must Come To The Defense Of Class Actions

    Lauren G. Barnes

    Without congressional action, ubiquitous binding arbitration clauses and class action bans — upheld by the U.S. Supreme Court — will continue to lead to the predictable result of both unfairness to injured consumers and a systemic failure to hold companies accountable for abusing the trust placed in them, says Lauren Barnes of Hagens Berman Sobol Shapiro LLP.

  • 3 Ethical Traps For 'Gladiator' Litigators

    Debra Squires-Lee

    Olivia Pope, the D.C. lawyer at the heart of the television drama "Scandal," calls herself and her team "gladiators in suits." By that, she means that she is willing to fight for her clients like a gladiator thrown into the arena. While it may be good for TV drama, thinking like a gladiator in reality can get litigators into trouble. Consider the top three ethical mistakes, say Sherin and Lodgen LLP partners Debra Squires-Lee and C... (continued)

  • DOL Overtime Rules May Rattle Retailers With Litigation

    William C. Martucci

    Retailers will need to assess whether previously exempt positions will be subject to the Fair Labor Standards Act's overtime pay requirements under the U.S. Department of Labor's new white collar exemption proposal. The DOL's suggested changes to the salary requirements for exemptions are likely to spur additional litigation in the wage-and-hour arena, say attorneys at Shook Hardy & Bacon LLP.

  • OPINION: Who's The Real Cheater In Deflategate?

    Robert Blecker

    The National Football League, especially the commissioner, aided and abetted by its “independent” law firm Paul Weiss Rifkind Wharton & Garrison LLP and “scientific consultant” Exponent from the very start of Deflategate have distorted the truth and defamed Tom Brady — an innocent man, says Robert Blecker, a criminal law professor at New York Law School.

  • What NLRB's Northwestern Ruling Means For Student-Athletes

    Jonathan L. Israel

    After sitting on the Northwestern University case for more than a year, the National Labor Relations Board declined to address the substantive question of the football players’ employee status and dismissed the entire matter on jurisdictional grounds. Now the promise of federal labor law as a vehicle for change in college athletics is indefinitely stalled, says Jonathan Israel, a partner at Foley & Lardner LLP and former assistant ... (continued)

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.

  • What To Watch For When Avoiding Retail Cyberattacks

    Brandon C. Ge

    Nearly all of the major data breaches reported at retailers and other businesses this year have had some element of social engineering associated with them. The most common forms of social engineering involve phishing emails and phone calls designed to trick employees into divulging their credentials to access company systems, say Adam Solander and Brandon Ge of Epstein Becker & Green PC.