Employment

  • February 5, 2016

    GCs Name Best Of The Best Attorneys

    More than 60 lawyers have been recognized by corporate counsel for cracking the code of client satisfaction and standing out among their peers for at least two years straight.

  • February 5, 2016

    8 Firms Boast The Most Client-Savvy Attorneys

    The names of eight law firms were repeatedly on the lips of general counsel this year as they reported which attorneys stood out to them as the best of the best in client service.

  • February 5, 2016

    Judge Closes Claims In 'Appalling' Cinemark Wage Suit

    A California district judge on Thursday brought an end to wage and break time violation claims brought by Cinemark USA Inc. workers against the movie theater chain in a case he had recently found “appalling” to still be alive.

  • February 5, 2016

    Car Parkers Take Jagger, Apatow Firms Off Hook In OT Suit

    Two parking assistants put the brakes on claims that production companies headed by Judd Apatow and Mick Jagger stiffed them on wages, but then refiled the putative collective and class actions against new defendants, according to New York federal court documents.

  • February 5, 2016

    Filene's Basement Blasts Ex-CEO Syms' Bid For Severance

    Filene's Basement is fighting an attempt by Marcy Syms, former chief of the retailer’s corporate parent Syms Corp., to recover severance from the company, calling the request a “cash grab” in documents filed Friday in Delaware bankruptcy court.

  • February 5, 2016

    Iams' Parent Co. Dumps Suit Over Cat Food 'Slave Labor'

    The Iams Co. is off the hook in a proposed consumer class action over whether the company hid that the fish in its cat food was caught by slaves in Thailand, according to a California federal judge who found businesses don’t have to tell customers about their labor practices on labels.

  • February 5, 2016

    Pizza Hut Pays $3.1M To End Drivers' Wage Row

    Pizza Hut of America Inc. will pay $3.1 million to settle a class action brought by Florida delivery drivers who accused the company of failing to provide proper expense reimbursement, according to a document filed by the drivers in Florida federal court on Friday.

  • February 5, 2016

    UnitedHealth Accused Of Deceiving Court In Lap-Band Suit

    An ex-physician being sued by UnitedHealth as part of larger litigation over whether the insurer must pay for certain weight-loss surgeries under employee health plans told a California federal court Friday that the insurer committed fraud on the court when it opposed his attempt to disqualify the judge.

  • February 5, 2016

    W.Va. House Passes Right-To-Work Bill

    The West Virginia House of Delegates narrowly approved legislation Thursday that would allow employees to opt-out of paying union fees, putting the state on the verge of becoming the 26th right-to-work state in the U.S.

  • February 5, 2016

    Munsch Hardt Scoops Employment Vet In Texas

    Munsch Hardt Kopf & Harr PC said Friday it has brought aboard a seasoned labor and employment partner in its Austin, Texas, office, who has a client base that includes national retail, restaurant, hospitality, manufacturing, health care and technology companies.

  • February 5, 2016

    Ex-Tribal Leaders Rip 'Straw Man' Claims In Embezzlement Suit

    Four former leaders of the Paskenta Band of Nomlaki Indians urged a California federal judge Thursday to keep alive their claims that the tribe’s chairman and his purported allies knew of and shared fault for the ex-leaders’ alleged embezzlement, saying they advanced “straw-man” arguments to evade responsibility.

  • February 5, 2016

    Uber Tells 9th Circ. Arbitration Orders Violate Free Speech

    Uber on Thursday pushed the Ninth Circuit to ax rulings in underlying California litigation with drivers halting the ride-hailing company’s presentation of contested arbitration agreements to prospective drivers, arguing the injunction is a violation of its First Amendment right to free speech.

  • February 5, 2016

    Obermayer Snags Ex-CGA Law Firm Employment Atty

    Obermayer Rebmann Maxwell & Hippel LLP has bolstered the labor relations and employment law department in its Harrisburg, Pennsylvania, office with the addition of a former CGA Law Firm attorney who concentrates his practice on employment, labor and construction law for school districts, municipal entities and private employers.

  • February 5, 2016

    Chicago To Settle DOJ Police Hiring Suit For $3.1M

    The Chicago Police Department will pay $3.1 million to settle a U.S. Department of Justice lawsuit brought Friday claiming the department discriminated against foreign-born applicants through its policy of only hiring people who have lived in the U.S. for the last 10 years.

  • February 5, 2016

    Background Check Co. Hit With FCRA Class Action

    Background check company Accurate Background Inc. was hit with a proposed class action in California federal court Thursday alleging the company performed consumer background checks for employment purposes in violation of federal consumer protection law.

  • February 5, 2016

    NJ High Court Won't Hear Bishop Rosen's Arbitration Row

    The New Jersey Supreme Court has declined to disturb rulings that Bishop Rosen & Co. Inc. can’t compel arbitration in the lawsuit one of its former stockbrokers filed over the financial burden from a client dispute because language in industry documents is too vague.

  • February 5, 2016

    Ex-Pepper Hamilton Atty Agrees To End ADA Suit

    A former project attorney for Pepper Hamilton LLP who sued the firm for allegedly violating the Americans with Disabilities Act and failing to accommodate his sleeping disorder will not proceed to a trial scheduled to start Monday after reaching an agreement to resolve the matter, as indicated in a Friday court filing.

  • February 5, 2016

    DOL Tells 2nd Circ. 'Black Car' Drivers Not Contractors

    A U.S. Department of Labor attorney on Friday urged the Second Circuit to overturn a judge's finding that "black car" drivers who ferry corporate lawyers and bankers around Manhattan are independent contractors, seeking to revive a proposed class action alleging wage violations.

  • February 5, 2016

    Lewis Brisbois Expands With 7-Lawyer Team In Raleigh

    Lewis Brisbois Bisgaard & Smith LLP has absorbed the seven remaining practicing lawyers from Patterson Dilthey LLP to launch a Raleigh, North Carolina, office, bringing the team’s experience handling professional and medical malpractice defense, product liability, insurance, construction, workers’ compensation and appellate disputes.

  • February 5, 2016

    Hair Extension Co. Loses Injunction Bid In Noncompete Fight

    An Italian hair extension company suing its former owners for allegedly violating noncompete agreements and stealing company secrets couldn't convince a New York federal judge to order them to halt their alleged infringement on Thursday, but it continued to fight for a trial and resist the former owners' request for arbitration in Italy.

Expert Analysis

  • Fraud Trends For 2016 In 1 Word: Technology

    Gerry Zack

    The photo of a cat that an employee emails may actually contain some of the organization's most sensitive information. Steganography — a technique for hiding something in plain sight — has become a standard practice for cybercriminals in the last year and will continue to gain momentum in 2016, says Gerry Zack of BDO USA LLP.

  • Why Colleges Are Likely To Face More Title IX Lawsuits

    Daniel A. Kaufman

    A California federal court recently recognized sexual orientation discrimination as a cause of action under Title IX. While educational institutions have faced similar claims from the Office for Civil Rights in administrative proceedings, the ruling is significant because it increases the likelihood that such entities will face lawsuits alleging Title IX claims and seeking monetary damages, say attorneys at Michael Best & Friedrich LLP.

  • More Recovery Limitations After High Court's ERISA Ruling

    JoAnn Dalrymple

    The U.S. Supreme Court's decision in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan suggests a shift in focus from favoring Employee Retirement Income Security Act plans’ interests to favoring those of the participants. With this decision, plans have one less avenue for pursuing recoveries, say attorneys at Jackson Walker LLP.

  • How To Handle The Jury-Law Disconnect In Employment Cases

    Dawn Reddy Solowey

    More often than not, jurors arrive to the courthouse with a firm set of convictions about what “rules” apply in the workplace. For this reason, it is critical for trial counsel to understand the workplace rules jurors are likely to impose and to build a defense strategy that deals with those perceptions directly, says Dawn Reddy Solowey of Seyfarth Shaw LLP and Dr. Laurie Kuslansky of Laurie Kuslansky & Associates LLC.

  • Avoiding Employment Disruptions With E-3 And H-1B1 Visas

    Elizabeth Espín Stern

    U.S. employers seeking to employ workers in the H-1B visa category should strongly consider the E-3 and H-1B1 visa categories for workers from Australia, Singapore and Chile. While these categories are capped, rarely is this limit approached. Thus, employers can apply for these visas throughout the year, rather than in an initial rush due to visa scarcity, say attorneys at Mayer Brown LLP.

  • DOL Cements Tough Stance On Joint Employment

    Andrea M. Kirshenbaum

    In its newly issued administrator’s interpretation, the U.S. Department of Labor took a decidedly aggressive position on joint employment, and in arguing that joint employer liability may be imposed based solely on “economic dependence,” the DOL has imposed on employers precisely the type of potential liabilities that they sought to eliminate by outsourcing in the first place, say attorneys at Post & Schell PC.

  • Don't Expect EEOC To Relax Over Retaliation Anytime Soon

    Michael C. Schmidt

    While much of the Equal Employment Opportunity Commission's newly proposed guidance is a relatively unremarkable presentation on retaliation law, it did make a case on a few unsettled points. And because these are presumably the areas the EEOC would most like to see settled in its favor, it might be particularly aggressive in pursuing claims that raise them, say attorneys at Cozen O'Connor PC.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.

  • Furthering Women's Equality With NY's New Labor Laws

    Nicolle L. Jacoby

    Enacted with the purpose of protecting and furthering women's equality in New York state, a multitude of new laws went into effect on Jan. 19, 2016. From the new Achieve Pay Equity Act to amendments to the state's equal pay law and End Family Status Discrimination Act, these new laws impose a number of significant burdens on employers, say attorneys at Dechert LLP.

  • 4 Ways To Improve The Business Intake Process

    Terrence J. Coan

    When executed properly, an efficient new business intake process can drive growth, minimize risk, and ensure new clients support a law firm’s business and financial objectives. But determining how to streamline the NBI process is easier said than done, says Terrence Coan, leader of HBR Consulting LLC's information governance and risk management practice.