Employment

  • July 31, 2015

    A Guide To Hartford's Cumis Fee Battle With Squire Patton

    The California Supreme Court is set to decide whether insurers can seek reimbursement of defense costs directly from a policyholders' independent, or Cumis, counsel in Hartford Casualty Insurance Co.'s $13.5 million dispute with Squire Patton Boggs LLP. Here, Law360 delves into the history of the case in anticipation of the ruling.

  • July 30, 2015

    Lawmakers Take Another Stab At Federal Trade Secrets Law

    A bipartisan group of leaders in the U.S. Senate and House of Representatives on Wednesday introduced a bill that would clear the way for companies to bring a private right of action alleging trade secret misappropriation in federal court, a move aimed at preventing hundreds of billions of dollars in losses every year in the U.S. from the theft of corporate trade secrets.

  • July 30, 2015

    Chevron Not Liable In Suit Over African Pirate Attack On Ship

    A Texas federal judge on Wednesday dismissed claims against Chevron USA Inc. brought by a Texas ship captain who was kidnapped by pirates off the Nigerian coast, saying Chevron can’t be considered the captain’s employer and thus isn’t liable under the federal Jones Act.

  • July 30, 2015

    3 Hurdles Brady And The NFLPA Face In 'Deflategate' Lawsuit

    Tom Brady and the National Football League Players Association have taken the field to fight the four-game “Deflategate” suspension upheld by the league this week, but attorneys see several hurdles Brady and his team of attorneys must overcome in federal court in order to triumph.

  • July 30, 2015

    NLRB Court Wins Won't Quell Election Rule Challenges

    The National Labor Relations Board’s controversial rule in effect since April streamlining the union election process has withstood two district court challenges, but attorneys say suits over the rule’s application and the ire of a Republican legislative majority mean disputes over the rule aren't yet over.

  • July 30, 2015

    Judge Hits Brakes On Coke Drivers' Cert. Bid In Wage Suit

    A California federal judge on Thursday refused to certify a class of 1,455 The Coca-Cola Co. delivery drivers who alleged the beverage giant had them work during their lunch breaks, saying the plaintiff failed to back up his contention that the company knew drivers were working off the clock.

  • July 30, 2015

    NJ High Court To Mull COLA Funding For Public Workers

    The New Jersey Supreme Court on Thursday said it would review an appellate court's finding that vested and retired employees in the state's pension systems have a contractual right to cost-of-living adjustments, a decision challenged by Gov. Chris Christie that potentially jeopardizes a 2011 suspension of those payments.

  • July 30, 2015

    Texas Allows Lucchese To Arbitrate Worker Injury Claims

    Legendary cowboy-boot maker Lucchese Inc. can require former employees to arbitrate allegations they suffered on-the-job injuries under a provision in their employment agreements, a Texas appellate court held Wednesday in three related cases.

  • July 30, 2015

    9th Circ. Allows Quick Appeal Of Class Cert. In H-2A Row

    The Ninth Circuit said Thursday that a Washington farm will be immediately allowed to challenge class certification granted to migrant workers who claim they were purposefully not told that higher-paying H-2A visa jobs were available.

  • July 30, 2015

    JCPenney Must Pay Investor's $3M Fee, Texas Justices Told

    The Texas Supreme Court was urged Wednesday to refuse J.C. Penney Co. Inc.'s bid to use the lodestar method for a shareholder's attorneys' fees, because the $3.1 million was calculated in-line with the settlement of the investor's executive compensation scheme claims.

  • July 30, 2015

    OSC Says VA Still Unwilling To Acknowledge Patient Danger

    The U.S. Office of Special Counsel blasted the Department of Veterans Affairs in a new report Tuesday that found that while corrective action was taken after scheduling improprieties were found at a Wyoming medical center, the department still refuses to acknowledge the potential harm to patients.

  • July 30, 2015

    Ex-Chiefs Players Want Concussion Suits In State Court

    Nearly two dozen former Kansas City Chiefs football players suing the team for concussion-related injuries sought Thursday to separate their claims from the sprawling multidistrict concussion litigation against the NFL, saying the team owes them duties under Missouri law.

  • July 30, 2015

    Fla. Burger King Wage Suit Says Time Cards Were Doctored

    A Burger King worker on Wednesday told a Florida federal judge that the franchisee of the restaurant where he worked altered his and other employees’ time cards in order to avoid paying them overtime.

  • July 30, 2015

    5 Rulings That Have Sown Confusion Over Tribal Sovereignty

    As Native American tribes and businesses have increasingly run up against federal and state regulatory authorities in recent decades, federal courts have issued a number of rulings that cramp tribal sovereignty and create uncertainty about the right method of assessing its reach. Here, Law360 looks at five decisions showing the tightening scope and heightened confusion around tribal sovereignty that have accompanied the closer scrutiny on tribal activities.

  • July 30, 2015

    NuVasive Inks $14M FCA Deal Over Kickbacks, Off-Label Uses

    Medical device maker NuVasive Inc. will pay $13.5 million to resolve whistleblower allegations that it violated the False Claims Act by promoting off-label uses of spinal fusion products for Medicare patients and dispensing kickbacks through a supposedly independent medical society, the U.S. Department of Justice said Thursday.

  • July 30, 2015

    EEOC, BMW Both Denied Wins In Race Bias Row

    A South Carolina federal judge denied competing motions for summary judgment in the U.S. Equal Employment Opportunity Commission’s background check race bias suit against BMW Manufacturing Co. LLC, saying there are still issues of material fact that need to be resolved.

  • July 30, 2015

    Bio-Rad Says Former GC Was Fired For 'Abusive' Conduct

    Bio-Rad Laboratories Inc. told a California federal court Tuesday that its general counsel was fired because of “abusive and damaging conduct,” not because he reported his suspicion that company brass were bribing Chinese officials as alleged in the legal officer’s retaliation lawsuit.

  • July 30, 2015

    AlliedBarton, Guards Can’t Arbitrate Break Dispute After Cert.

    A California federal judge on Wednesday denied a joint bid to arbitrate a class action filed by security guards accusing AlliedBarton Securities Services LP of not providing off-duty meal breaks, saying a federal court can’t allow an already-certified class action go to an arbitrator for settlement.

  • July 30, 2015

    Miami Tunnel Workers Say They Were Denied Overtime Pay

    A putative class of construction workers who helped build the Miami Tunnel project that created direct highway access to PortMiami filed a Fair Labor Standards Act suit in Florida federal court Wednesday alleging Bouygues Civil Works Florida Inc. owes them overtime pay.

  • July 30, 2015

    Corporate Tax Code Needs Reform, Senate Panel Hears

    A host of business leaders on Thursday lobbied a U.S. Senate committee for relief from high corporate tax rates, saying the current system pressures them to relocate overseas and makes their companies vulnerable to buyouts by foreign rivals.

Expert Analysis

  • Reading Between The Lines Of San Francisco's Retail Rules

    Joanne A. Buser

    Certain provisions to San Francisco's Retail Workers Bill of Rights may unnecessarily expose an employer to disparate treatment claims for failure to offer additional work or failure to promote a part-time employee, and consistent criteria should be used to minimize the impact of these risks to covered employers, says Joanne Buser of Paul Plevin Sullivan & Connaughton LLP.

  • IRS To Significantly Trim Determination Letter Program

    Maria P. Rasmussen

    The IRS is eliminating the staggered five-year determination letter remedial amendment cycles for individually designed tax-qualified retirement plans. As a result, some employers may decide to switch to plans that are preapproved by the IRS, which typically limit design choices, say Maria Rasmussen and Allison Tanner of McGuireWoods LLP.

  • The Proposed Best Interest Contract Exemption: Part 3

    Susan Krawczyk

    Some broker-dealers may choose to develop a separate customer platform for retirement investor accounts in order to comply with the U.S. Department of Labor's proposed best interest contract exemption, rather than subject all of their retail customer accounts to the same rules. The more formidable challenge, though, will likely be the fee and compensation disclosure requirements, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

  • Sexual Orientation Discrimination, Title VII And The EEOC

    Howard Fetner

    Though the U.S. Equal Employment Opportunity Commission recently ruled that a claim of discrimination on the basis of sexual orientation falls under Title VII, the decision is not binding on private employers. However, the EEOC is likely to seek to apply the decision to private employers by bringing enforcement actions around the country, says Howard Fetner of Day Pitney LLP.

  • 9th Circ. Confirms FCA Relator's Conviction Bars Recovery

    Suzanne Jaffe Bloom

    U.S. v. CH2M Hill was a matter of first impression in the Ninth Circuit, and the court’s recent holding is consistent with prior decisions from the Sixth and Eighth Circuits that have noted that relators who have been convicted for their participation in the fraud are not entitled to any recovery, say Suzanne Jaffe Bloom and Mollie Richardson of Winston & Strawn LLP.

  • Understanding The SEC's Compensation Clawback Proposal

    Alessandra K. Murata

    To the extent classified as an executive officer, a listed company's general counsel will be subject to potential clawback under the recently proposed compensation recovery rules. The rules would apply to all incentive awards granted to these executive officers, including awards granted at a time when the individual was not serving as an executive officer, say Alessandra Murata and Neil Leff of Skadden Arps Slate Meagher & Flom LLP.

  • Paging Providers, CMS Changes To Stark Law May Help You

    Linda A. Baumann

    The Centers for Medicare and Medicaid Services' proposed rule to simplify compliance with the Stark Law could benefit providers tremendously since the law is a strict liability statute and is increasingly being used by both whistleblowers and the government to impose multimillion-dollar judgments and settlements on hospitals and other health care providers, say attorneys at Arent Fox LLP.

  • The Proposed Best Interest Contract Exemption: Part 2

    Susan Krawczyk

    In light of the U.S. Department of Labor's proposed best interest contract exemption guidance, a broker-dealer might decide to exclude transactions in retirement investor accounts from incentive or bonus programs offered to its brokers, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

  • When Workers' Comp Board Rulings Affect Excess Insurance

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    If a workers' compensation claim brought by an employee against a self-insured employer is contested and resolved by a workers' compensation board, does a finding from that board decision bind an excess insurer in future litigation? asks Larry Schiffer at Squire Patton Boggs LLP.

  • H-1B Guidance Leaves Pre-Simeio Obligations Opaque

    Elizabeth Espin Stern

    Employers will be heartened by the fact that U.S. Citizenship and Immigration Services would seem to have listened to their calls for a longer safe-harbor period and for the matter of Simeio to be applied only prospectively. But they likely will be disappointed by the obtuse language used by the agency in describing its decision not to apply the case retroactively, say Elizabeth Espín Stern and Paul Virtue of Mayer Brown LLP.