Employment

  • December 7, 2016

    Ceramics Prof Can Advance ADA Claims Over Dusty Studio

    A ceramics professor may proceed with most of her claims against Howard University, a D.C. federal court said Tuesday, waving forward her suit that says the school didn't respond to repeated requests for a cleaner work environment.

  • December 7, 2016

    Judge Changes Mind On Decert. Bid In Haitian Worker Suit

    A Florida district judge changed his mind Tuesday and moved to decertify a class of Haitian workers accusing a blueberry farm of national origin-based discrimination, less than a week after reaching the opposite conclusion and only a couple days before trial is set to begin.

  • December 7, 2016

    The Biggest Fla. Court Cases Of 2016

    Florida courtrooms saw precedent-setting litigation in 2016, when a jury's verdict sent a media company into bankruptcy and a trial expanded the scope of a bankruptcy trustee's power to go after auditors when recouping money for fraud victims.

  • December 7, 2016

    Top EEOC Atty Highlights 5th Circ. Wins As Exit Approaches

    As the Equal Employment Opportunity Commission’s longest serving general counsel prepares to step down, he is pointing toward a significant and perhaps unlikely series of wins in what many would characterize as a conservative-leaning court, the Fifth Circuit, as indicative of the watchdog’s work to combat discrimination.

  • December 6, 2016

    Fla. Exotic Dancers Certified For Collective Wage Suit

    A Florida federal court has granted a group of exotic dancers preliminary certification to move forward with a Fair Labor Standards Act collective action against the owners of two adult entertainment clubs they claim have not been paying proper minimum wage or overtime.

  • December 6, 2016

    Calif. Court Affirms AIG's Win On Worker Injury Coverage

    A California appeals court held Tuesday that Topa Insurance Co. can't pursue reimbursement from an American International Group subsidiary for any of the $5 million it paid to help settle an injured construction worker's claims against a general contractor, finding that there was no coverage for the claims under the AIG unit's excess policy.

  • December 6, 2016

    5 Ways To Block Naughty Lawsuits From Nice Holiday Parties

    While workplace holiday parties are meant to be a time of joy and celebration, careless employers may find that an incident at a company-sponsored gathering has left them with coal in their stockings in the form of potentially pricey lawsuits. Here, Law360 looks at five ways employers can avoid the hangover of a holiday celebration gone awry.

  • December 6, 2016

    American Apparel Notifies 3,500 Workers Of Possible Layoffs

    American Apparel has warned nearly 3,500 of its California workers of possible layoffs, according to a document published by the state's Employment Development Department.

  • December 6, 2016

    Ex-HSBC Exec Disparaged Former Bank Analyst, Jury Hears

    Former HSBC Securities Senior Vice President Michael Picarella conceded Tuesday that he took part in disparaging a female sales analyst before later complaining of sexual harassment on her behalf, as a Manhattan federal jury heard evidence on his claim that the bank executed a campaign of retaliation against him for interceding.

  • December 6, 2016

    Cameron Drops Noncompete Suit Against Former Exec

    Cameron International Corp. has settled a lawsuit it brought against a former top executive who left to work for a competitor, a resolution reached after a Texas federal judge denied the oilfield services company’s bid to block the man from working for any competitor in the Middle East.

  • December 6, 2016

    Infosys Must Face South Asian Bias Claims, Ex-Workers Say

    Four white individuals in a putative class action who claim Infosys Technologies Ltd. discriminated against them based on their non-South Asian national origin and race urged a Wisconsin federal court on Monday not to toss the case, saying the company’s alleged pervasive discrimination cannot be denied.

  • December 6, 2016

    FedEx Ground Must Face NY Drivers' Misclassification Suit

    FedEx Ground Package System Inc. must face a proposed class action alleging it shorted New York delivery drivers on pay by misclassifying them as independent contractors, a federal judge ruled Monday, saying the drivers have plausibly alleged they fit the bill for being labeled as employees.

  • December 6, 2016

    Forest Blasts Attys' 'Shameful' Conduct In FCA Suit

    Forest Laboratories told a federal judge Tuesday that attorneys for a relator in a False Claims Act suit over the drug Namenda broke patient privacy rules and ethics codes by lying to doctors in a sham marketing study.

  • December 6, 2016

    EEOC Blasts Fla. Hotel's Bid To Nix Sanctions

    The U.S. Equal Employment Opportunity Commission on Monday hit back against a hotelier’s attempt to escape sanctions for allegedly dodging discovery requests in an illegal termination suit, saying a Florida federal judge rightly awarded the agency nearly $7,000 for its trouble.

  • December 6, 2016

    NJ High Court To Review Third-Party Complaint Contract Row

    The New Jersey Supreme Court has agreed to review a lower court’s decision invalidating an employment contract barring third-party lawsuits because the agreements contravened the public-interest purpose of the state’s workers’ compensation law.

  • December 6, 2016

    Temp Co. Screened Black Workers To Please Clients: Suit

    A group of African-American men filed a class action suit in Illinois federal court Tuesday accusing a national staffing agency of sending them to the most difficult assignments or denying them work altogether based on stereotypes about their race, part of what their attorneys call a pattern of discrimination in the industry.

  • December 6, 2016

    ACC Joins $3.8M Fight Over Sheppard Mullin Conflict Waiver

    The Association of Corporate Counsel has joined a host of companies in their support of J-M Manufacturing as it opposes Sheppard Mullin Richter & Hampton LLP’s appeal of a $3.8 million fee forfeiture order at the California Supreme Court, agreeing that the firm’s “open-ended” advance conflict waiver should remain invalid.

  • December 6, 2016

    Fishing Co. To Pay $12.3M For Boat Accident Death

    Fishing company Singapore Technologies Marine Ltd. and others have agree to pay nearly $12.3 million to the family of an employee who was killed in a boat accident, according to court documents filed in California federal court on Monday.

  • December 6, 2016

    Competitor Says Zynga Trade Secrets Too Vague To Block

    Mobile game developer Scopely hit back against an injunction bid Monday, telling a California federal court that competitor Zynga shouldn’t be allowed to block it and an employee from using allegedly confidential information since the information hasn’t been proven to exist.

  • December 6, 2016

    Violating FCA Seal Doesn't Mandate Dismissal, Justices Say

    The U.S. Supreme Court on Tuesday ruled that violating the False Claims Act's seal requirement does not automatically require the dismissal of a case, saying appropriate penalties should be left to the discretion of district courts.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2016

    Steven J. Pearlman

    This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.

  • What Is 'Public Interest' Under California Anti-SLAPP Law?

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    Under California’s anti-SLAPP statute, a court may strike causes of action arising from defendants’ exercise of free speech rights concerning matters of "public interest." But because the statute does not define "public interest," California courts have construed it in varying ways. The California Supreme Court may soon provide guidance, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.

  • The Rise Of 'Wrongful Hiring' Claims

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    Employment practices liability insurance policies often cover wrongful termination claims, but they are much less likely to provide coverage for "wrongful hiring" claims, when companies provide employment favors to families with powerful connections, says Evan Bundschuh of Gabriel Bundschuh & Associates Inc.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • EEOC's New 4-Year Plan: What Employers Need To Know

    Michelle Lee Flores

    In its updated strategic enforcement plan for fiscal years 2017 to 2021, the U.S. Equal Employment Opportunity Commission added some new priorities, including issues related to complex employment structures in the 21st-century workplace, and backlash discrimination against Muslims, Sikhs and persons of Arab, Middle Eastern or South Asian descent, says Michelle Lee Flores of Cozen O’Connor PC.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • The Carrot-And-Stick Approach To Incentive Compensation

    Kevin LaCroix

    A recurrent governance proposal to remedy corporate excesses has been the idea of clawing back the compensation paid to company officials who presided over corporate scandals, such as the one at Wells Fargo. But the assessment that clawback provisions actually counterbalance the distorted incentives of an “extreme” incentive compensation plan depends on a psychological assessment that may or may not be valid, says Kevin LaCroix of RT ProExec.

  • Conflicting Agency Guidance On Confidentiality Policies

    Celina Joachim

    In recent months, agencies not traditionally involved in the labor and employment realm have issued guidance impacting future iterations of employee handbook and code of conduct policies. Along with the guidance comes substantially higher consequences for failure to comply, including potential criminal prosecution, say Celina Joachim and Ryan Vann of Baker & McKenzie LLP.

  • SOX Win Shows Strong Need For Whistleblower Protections

    Jason Zuckerman

    In Becker v. Community Health Systems Inc., the U.S. Department of Labor recently awarded $1.9 million in damages to a Sarbanes-Oxley whistleblower in a decision that clarifies several key aspects of SOX whistleblower protection and underscores the importance of providing strong protection to corporate whistleblowers, say Jason Zuckerman and Dylan Yépez of Zuckerman Law.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.