Employment

  • May 26, 2015

    BMW Beats EEOC Info Bid In Background Check Bias Suit

    A South Carolina federal judge on Tuesday rejected the U.S. Equal Employment Opportunity Commission's bid in a background check race bias case to force BMW Manufacturing Co. LLC to give a "complete answer" to a question about a spreadsheet allegedly so complex it violated a limit on discovery queries.

  • May 26, 2015

    Pension Admins Who Took Assets Now Barred, DOL Says

    A pair of medical practice proprietors accused of taking more than half the value of their employees’ pensions out of the fund after fleeing the country have been barred from administering that fund, the U.S. Labor Department said Tuesday.

  • May 26, 2015

    Retirees Fight For 6th Circ. Win In M&G Health Benefits Case

    A class of M&G Polymers USA LLC retirees told the Sixth Circuit Friday that an original injunction barring changes to their health benefits should be affirmed, after the Supreme Court vacated a ruling that they were due lifetime benefits.

  • May 26, 2015

    5 FCA Takeaways From High Court's KBR Ruling

    Targets of False Claims Act litigation beat back a grave threat on Tuesday as the U.S. Supreme Court balked at extending the law’s statute of limitations during wartime, but FCA whistleblowers also notched a rare high court victory as justices embraced copycat complaints in some circumstances. Here are five takeaways from KBR v. Carter.

  • May 26, 2015

    Attys React To Supreme Court's Wartime Limits To FCA Ruling

    On Tuesday, the Supreme Court overturned a Fourth Circuit decision and held that the Wartime Suspension of Limitations Act applies only to criminal fraud claims and not civil fraud cases, including False Claims Act suits. Here, attorneys tell Law360 why the decision in Kellogg Brown & Root Services Inc. et al. v. U.S. ex rel. Carter is significant.

  • May 26, 2015

    Mortgage Lender Can't Trim Successor Employer FLSA Row

    A New Jersey federal judge on Friday rejected a mortgage lender’s attempt to trim a suit alleging it’s liable for Fair Labor Standards Act violations by the company it acquired, saying state law allows for successor employers to be sued for unpaid overtime, not just unpaid minimum wage.

  • May 26, 2015

    9th Circ. Denies En Banc Rehearing For Amgen ERISA Suit

    The Ninth Circuit on Tuesday declined to rehear en banc its revival of a putative Employee Retirement Income Security Act class action against Amgen Inc., but the opinion did include a lengthy four-judge dissent on whether the court properly incorporated the U.S. Supreme Court’s Fifth Third Bancorp ruling into its decision.

  • May 26, 2015

    John Deere Dodges Gender Bias Suit In 8th Circ.

    The Eighth Circuit on Tuesday ruled that a John Deere Co. employee had not proven that she was denied promotions because of her gender and that she suffered retaliation for reporting the discrimination, upholding an Iowa federal court’s decision to toss the suit.

  • May 26, 2015

    Apple Gets Shareholder Suit Over Poaching Deals Halted

    A shareholder derivative lawsuit accusing Apple Inc. executives of harming the company by engaging in illegal and anti-competitive anti-poaching agreements with other tech giants has been put on ice by a California federal judge while a related state court proceeding that contains certain identical issues plays out.

  • May 26, 2015

    Wash. State Supports Seattle In Wage Row With Franchisees

    Seattle’s ordinance that increases the city’s minimum wage to $15 an hour does not violate the dormant Commerce Clause or the Washington Constitution, the state’s attorney general’s office told the Ninth Circuit on Friday in the International Franchise Association’s appeal of a decision against stalling the law.

  • May 26, 2015

    Gay Ex-Anapol Schwartz Atty Says Trial Judge Was Biased

    Jeffrey Downs, the gay former Anapol Schwartz Weiss Cohan Feldman & Smalley PC attorney who failed to persuade a Philadelphia jury that the firm pushed Raynes McCarty to withdraw a lucrative job offer, on Tuesday said that the presiding judge was a former colleague of the lead defense attorney and harbored a bias.

  • May 26, 2015

    L-3 Blasted For Saying Army Allowed Overbilling In FCA Row

    The whistleblower who launched a False Claims Act suit against an L-3 Communications Holdings Inc. unit slammed the company’s bid for summary judgment Monday, saying the evidence contradicted its claims the U.S. Army knew about its helicopter maintenance billing practices.

  • May 26, 2015

    ArcelorMittal Negligent In 2013 Plant Explosion, Suit Says

    Three men hurt in a 2013 industrial accident at a Pennsylvania ArcelorMittal USA LLC steel mill filed a lawsuit against the company in state court on Friday, arguing a furnace explosion came as a result of the company’s negligence.

  • May 26, 2015

    Ruby Tuesday Pays $100K To End 'Females Only' Bias Suit

    Ruby Tuesday Inc. will pay $100,000 to settle claims it refused to hire men for summer resort employment opportunities because of co-ed housing concerns, putting to rest a proposed class action brought by the U.S. Equal Employment Opportunity Commission earlier this year, the agency has announced.

  • May 26, 2015

    5 Insights From CBRE General Counsel Laurence Midler

    We keep a close eye on issues regarding conflicts of interest, professional negligence, privacy and trade secrets, as well as specific areas of employment. These topics are all germane to how CBRE operates its business, says Laurence Midler, executive vice president and general counsel at CBRE Group Inc.

  • May 26, 2015

    High Court Rules FCA Suits Not Covered By Wartime Rule

    The U.S. Supreme Court on Tuesday ruled that a wartime pause on the expiration of government fraud claims does not apply to civil fraud cases, overturning a decision reviving a KBR Inc. whistleblower’s False Claims Act suit regarding an Iraq War contract.

  • May 22, 2015

    Don't Stop Discovery Over DQ'd Atty In FCA Suit, Court Hears

    Whistleblowers alleging a medical supply company overbilled Medicaid blasted its efforts to stay discovery in Florida federal court Thursday as the company seeks to have the suit tossed, arguing the disqualification of their last attorney for a conflict of interest is not nearly enough to warrant a dismissal.

  • May 22, 2015

    Mich. AG Asks High Court To Grant Workers' Comp Appeal

    Michigan's attorney general has told the U.S. Supreme Court that it should grant an appeal of a Second Circuit decision freeing two insurers from certain workers' compensation liabilities of previously bankrupt Delphi Corp., saying this exercise of judicial power supplanted the state’s administrative regime.

  • May 22, 2015

    KBR Escapes $75M FCA Suit Alleging Transport Overcharges

    An Illinois federal judge tossed a $75 million False Claims Act suit against a KBR Inc. subsidiary Friday, saying the whistleblower’s allegations that the company withheld information from the government about pricing options for charter flights were too vague.

  • May 22, 2015

    Trucking Co. Takes $5M EEOC Fees Fight To High Court

    CRST Van Expedited Inc. has urged the U.S. Supreme Court to reinstate a $4.7 million fees award against the U.S. Equal Employment Opportunity Commission in its sexual harassment case, arguing the Eighth Circuit countered other circuits in overturning the award.

Expert Analysis

  • NJ Court Fails To Clarify Payroll Account Levy Rules

    Nicholas M. Gaunce

    The New Jersey state appeals court in The Pitney Bowes Bank Inc. v. ABC Caging Fulfillment seemingly set a bright-line test balancing the rights of judgment creditors and employees when it comes to monies in a levied “payroll” bank account. Where Pitney Bowes falls short, however, is in describing what proofs a business debtor must utilize to establish what amounts are owed to employees, says Nicholas Gaunce of Eckert Seamans Cheri... (continued)

  • DOL Fiduciary Rules Will Negatively Affect Private Funds

    Robert J. Raymond

    The U.S. Department of Labor’s proposed rules expanding the circumstances under which a person is considered a fiduciary under the Employee Retirement Income Security Act would effectively deny sophisticated but smaller ERISA plans and individual retirement account investors the opportunity to access private investment funds as part of their portfolios, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Physician Anti-Solicitation Clauses: A Case Study

    Joseph M. Gorrell

    Public interest demands that when physicians leave a medical practice and are subject to an anti-solicitation clause patients remain informed of their physician’s new location and contact information. Irrespective of the financial interest of the physicians involved, the patient’s right to be cared for by the physician of his or her choice and continuity of care demand nothing less, says Joseph Gorrell of Brach Eichler LLC.

  • Attorneys Play Vital Role In Structured Settlement Annuities

    Joseph Barnet

    An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.

  • Tread Lightly Texas: Defining 'Spouse' Under The FMLA

    August E. Huelle

    Until Texas v. U.S. is resolved — possibly by the U.S. Supreme Court's forthcoming decision in Obergefell v. Hodges — companies with employees in the plaintiff states must tread carefully to ensure that the DOL's same-sex spouse rule under the Family and Medical Leave Act is applied correctly, say Nathaniel Glasser and August Huelle of Epstein Becker & Green PC.

  • Supreme Court Leaves 'Duty To Monitor' Definition To Others

    John D. Donovan

    With its ruling in Tibble v. Edison International, the U.S. Supreme Court has breathed life into stale claims about investment selection by recognizing a fiduciary’s continuing obligation to “monitor” investments and investment options. But the opinion stopped short of defining the precise contours of the “duty to monitor” — leaving the development of the obligation to case-by-case evolution, say attorneys with Ropes & Gray LLP.

  • Wipe Away Those Fears, The 7th Circ. Is Here

    Eric E. Hobbs

    The case of the allegedly misclassified window washers before the Seventh Circuit in Alvarado v. Corporate Cleaning Service Inc. fleshed out an often-ignored exception to an employer’s obligation to pay overtime that could apply to some retailers or service establishments, says Eric Hobbs of Michael Best & Friedrich LLP.

  • Consider 5 Things Before Choosing An E-Discovery Provider

    Barry O’Melia

    There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.

  • A Close Look At The New Pay-Versus-Performance Rule

    Avrohom J. Kess

    The U.S. Securities and Exchange Commission recently issued proposed rules to implement the Dodd-Frank Act requirement that issuers disclose in any annual proxy or consent solicitation the relationship between executive compensation and financial performance. Simpson Thacher & Bartlett LLP attorneys have mapped out the key requirements and practical takeaways.

  • 3rd Circ. Offers A Defense In Data Breach Class Actions

    Nicholas Ranjan

    A growing body of case law in the Third Circuit on Article III standing over data breach litigation offers a simple lesson: Companies that find themselves as defendants in data breach class actions should determine whether plaintiffs have alleged any injuries in fact and, if not, move to dismiss the litigation at the outset, say Nicholas Ranjan and Syed Ali of K&L Gates LLP.