• October 8, 2015

    Jury Clears National Oilwell Of Employee Racism Claims

    A Texas federal jury has returned a verdict in favor of National Oilwell Varco LP in an employment discrimination suit launched by eight African-Americans seeking $120 million for alleged acts of retaliation and a hostile work environment where, they said, racial slurs were commonplace.

  • October 8, 2015

    'Bond King' Bill Gross Sues Pimco Over His Ouster

    Bill Gross, co-founder of the Pacific Investment Management Co. LLC, whose investing acumen led market participants to crown him the “Bond King,” on Thursday sued his former employer over his dismissal last year and said he deserves at least $200 million in damages from the money management company.

  • October 8, 2015

    NFL Concussion Deal Isn't 'Too Big To Fail,' 3rd Circ. Told

    The estate of a former professional football player told the Third Circuit on Wednesday that the NFL’s uncapped settlement with players over head injuries is not “too big to fail,” urging the court to overturn the deal’s approval so the trial court can look into relevant scientific issues.

  • October 8, 2015

    Full 3rd Circ. Won't Hear H-1B Worker's Law Firm Fraud Suit

    The full Third Circuit said Wednesday it won’t revisit a panel’s decision to uphold the dismissal of a lawsuit filed by an H-1B worker who accused a Pennsylvania law firm of fraudulent misrepresentation.

  • October 8, 2015

    Taylor English Adds Ex-Elarbee Thompson Employment Atty

    Atlanta-based Taylor English Duma LLP has bolstered its employment and labor relations group with the addition of a former Elarbee Thompson Sapp & Wilson LLP equity partner who focuses on defending companies in employment-related litigation, the firm said Tuesday.

  • October 7, 2015

    11th Circ. Finds Arbitrator Overstepped In Verizon-Union Case

    The Eleventh Circuit upheld an arbitration ruling in favor of a union against Verizon Florida LLC on Wednesday, affirming a lower court's finding that the arbitrator exceeded his authority when he decided he had overstepped his scope and issued a substitute award for the company and reversed himself in the company's favor.

  • October 7, 2015

    Jury Convicts Ex-Reuters Editor In LA Times Hacking Case

    A California federal jury on Wednesday convicted a former Reuters social media editor who allegedly helped the hacker group Anonymous break into the Los Angeles Times’ website and alter content, after a seven-day trial.

  • October 7, 2015

    Ex-LA Times Writer Admits Bosses Never Bashed His Age

    Former Los Angeles Times sports columnist T.J. Simers, who alleges the paper's top editors forced him out because of his age and a disability, on Wednesday admitted during cross-examination in his California jury trial that those editors never insulted him or denied him opportunities because of his age.

  • October 7, 2015

    5 Supreme Court Employment Cases To Watch

    Legal battles that give the U.S. Supreme Court an opportunity to shed light on the requirements for pursuing employment class actions and deal a blow to public sector unions topped the list of high court labor and employment cases attorneys said they'd be keeping an eye on in the coming term.

  • October 7, 2015

    Ex-Deutsche VP's New Claims Cut In 'Mommy Track' Bias Suit

    A New York federal judge on Wednesday trimmed claims in a former Deutsche Bank AG vice president’s gender bias suit against the bank, alleging she was “mommy-tracked” after taking maternity leave and fired after complaining about gender bias, holding she cannot assert new claims four years into the suit.

  • October 7, 2015

    Payroll Co. Kept From Amending W-2s For Health Aides Class

    A Pennsylvania Superior Court on Wednesday upheld a preliminary injunction barring a home health company from issuing amended W-2 statements to a class of employees who were issued statements for 2012 from a court receiver, saying the injunction can stand because it doesn't restrain tax assessment or collection.

  • October 7, 2015

    HBO, Apatow, Jagger Face OT Suit By 'Girls,' 'Vinyl' Workers

    HBO and the production companies run by Judd Apatow and Mick Jagger were hit with collective and class action allegations Wednesday in New York federal court alleging they’re cheating assistants tasked with holding parking spaces out of pay and breaks.

  • October 7, 2015

    Dynamex Can’t Arbitrate OT Dispute With Driver, Judge Says

    A California federal court on Tuesday denied same-day shipping company Dynamex’s bid to arbitrate a California delivery driver’s putative class action claiming he lost minimum and overtime wages because he was misclassified as an independent contractor, ruling the arbitration clauses in their contracts are unenforceable.

  • October 7, 2015

    Celgene Trying To Skirt $700M In FCA Claims, Relator Says

    A whistleblower on Wednesday blasted Celgene Corp.'s bid to exclude evidence in a False Claims Act suit over alleged off-label marketing of two cancer drugs, telling a California federal court the pharmaceutical company was simply trying to evade $700 million in damages owed to several states and the federal government.

  • October 7, 2015

    Citgo Can't Drop Oil Spill Payouts, La. Appeals Court Says

    A Louisiana appeals court rejected Citgo's bid to reduce judgments in favor of 15 workers who were sickened by a 2006 oil spill at the company's Calcasieu Parish refinery, finding the evidence supported the amount of each worker's award on Wednesday.

  • October 7, 2015

    SpaceX Can't Dodge Layoff Class Action, But Trims Sister Suit

    A California judge on Wednesday refused to end a putative class action alleging Space Exploration Technologies Corp. laid off hundreds of workers last year without a state-mandated warning and shorted their final paychecks, agreeing only to cut a fraud claim from a related suit.

  • October 7, 2015

    Fla. Judge Says Marlins Stadium Wage Action Is State Matter

    A Florida federal judge added a chapter Wednesday to a long-running class action over wages allegedly owed to a group of construction workers for work they performed during the construction of the Miami Marlins Ballpark, saying disputes over rate of pay are a state issue.

  • October 7, 2015

    Potato Packers Pay $450K To Settle EEOC Sex Bias Suit

    Two potato packing companies on Tuesday agreed to pay $450,000 to settle a U.S. Equal Employment Opportunity Commission suit alleging that several women at a Colorado location were sexually menaced by a production supervisor and fired when they resisted or complained.

  • October 7, 2015

    PSU Coaches Fired After Sandusky Scandal Sue For Back Pay

    A pair of former assistant Penn State University football coaches filed suit against the school Tuesday claiming that they never received pay they were owed after being swept out the door in what they described as an effort to clean house following the Jerry Sandusky sex abuse scandal.

  • October 7, 2015

    Ex-Burger King Worker Must Arbitrate OT Suit, Court Told

    A Burger King franchisee accused of doctoring time cards to avoid paying overtime told a Florida federal court Tuesday that the putative class action should be arbitrated in line with an agreement the suing employee signed.

Expert Analysis

  • It Is Time For A Comprehensive Auto Whistleblower Act

    Alexis H. Ronickher

    In light of the Volkswagen AG fraudulent diesel emissions scandal, there is no defensible reason why auto whistleblowers should not have the same protections as those in other critical regulatory areas, particularly given the industry’s history of disregard for public safety and the law, says Alexis Ronickher of Katz Marshall & Banks LLP.

  • O’Bannon Is A Tie But Weighs Against NCAA In The Long Run

    Timothy L. Epstein

    While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.

  • Sizzling Developments At The NLRB This Summer

    Steven J. Porzio

    From easing the requirements for how employees can cast their vote in favor of unionization to significantly expanding the reach of its joint-employer test, the National Labor Relations Board has made significant strides toward increasing union density this summer, say attorneys at Proskauer Rose LLP.

  • EEOC Won't Forget About Background Checks After Freeman

    Rod M. Fliegel

    Odds are the U.S. Equal Employment Opportunity Commission's settlement with BMW Manufacturing Co. LLC will embolden the EEOC, notwithstanding the $1 million in attorneys' fees it owes in Freeman, thus employers should continue to monitor the law surrounding criminal record screening policies, including Fair Credit Reporting Act class action litigation, say Jennifer Mora and Rod Fliegel of Littler Mendelson PC.

  • 11th Circ. Creates Flexibility For Courts On FLSA Suits

    Sara Soto

    The standard articulated in the Eleventh Circuit's decision in Schumann v. Collier Anesthesia PA provides courts with tremendous flexibility in determining whether unpaid interns might be entitled to wages and overtime pay. Given the incidence of internships today, the ruling heightens potential Fair Labor Standards Act concerns for employers, say Sara Soto and Joelle Simms of Bressler Amery & Ross PC.

  • Caldwell Remarks Clarify Yates Memo's Purpose

    Richard Smith

    Although the U.S. Department of Justice's recent memo on the prosecution of individuals is termed “guidance,” statements made by Assistant Attorney General Leslie Caldwell at a conference last week make it clear that the new memo will carry with it a new approach to the DOJ’s corporate resolutions, say attorneys with Norton Rose Fulbright.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Calif.'s Post-Sanchez Unconscionability Doctrine

    Neil R. Bardack

    Because the California Supreme Court's recent ruling in Sanchez v. Valencia Holding Co. did not take away any of the tools state courts use in finding unconscionability — and arguably even added a new one — Justice Antonin Scalia's observation in AT&T Mobility LLC v. Concepcion that California courts have been more likely to hold contracts to arbitrate unconscionable than other contracts may still hold true, say Neil Bardack and Ca... (continued)

  • For Franchisors, There's More Than Just Browning-Ferris

    Joel R. Buckberg

    The National Labor Relations Board's recent advice memorandum holding that Nutritionality Inc. and its franchise agreements did not create a joint-employment relationship is more significant in the broader context of franchising than the Browning-Ferris decision, and the memo remains the current thinking of the NLRB's general counsel on franchising and joint-employer status, says Joel Buckberg of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • FCA's Split Personality Makes Compliance A Moving Target

    David Hall

    The False Claims Act is undergoing an identity crisis. Decisions this year by the First, Fourth and Seventh Circuits have magnified a split among the federal appeals courts regarding what conduct actually constitutes a false claim under the FCA, say David Hall and Matthew Nettleton of Wiggin and Dana LLP.