Employment

  • May 26, 2016

    Whistleblower Says Calif. Town Hid Deficit To Attract NFL

    A former accountant for the city of Inglewood says the city used illegal and fraudulent accounting practices to hide a deficit and "create a facade of financial responsibility and well-being" in order to attract an NFL team, alleging in a California federal court lawsuit that she was unlawfully terminated after refusing to go along with such practices.

  • May 26, 2016

    Animator Class Certified In No-Poach Antitrust Suit

    Animators who worked for DreamWorks, Disney and other Hollywood heavyweights can proceed as a class in their antitrust lawsuit over an alleged anti-poaching conspiracy, a California federal judge ruled Wednesday, finding there was enough evidence to suggest classwide wage suppression.

  • May 26, 2016

    5th Circ. Axes Negligence Row Against Oil Well Operator

    The Fifth Circuit concluded Wednesday that negligence claims brought by a man injured while working on a Callon Petroleum Co. oil well were barred by a Texas law, holding that he failed to show the company was aware of the conditions that caused his accident.

  • May 26, 2016

    K&L Gates Adds Locke Lord Employment Pro As Partner

    K&L Gates LLP has brought on a Locke Lord LLP employment attorney as a partner in its Chicago office, the firm has announced.

  • May 25, 2016

    Saint Francis Hospital Pays $107M To End Pension Suit

    Saint Francis Hospital and Medical Center has agreed to pay $107 million to settle a proposed class action in which workers claim it violated the Employee Retirement Income Security Act by underfunding its pension plan by nearly $140 million.

  • May 25, 2016

    Sterling Accuser ‘Evasive’ In Sex Harassment Suit, Judge Says

    A California judge Wednesday said an ex-girlfriend to former Los Angeles Clippers owner Donald Sterling claiming he made sexual demands and racist comments as her employer must provide information on how much she says she was paid and other discovery requested by Sterling, calling her discovery response “evasive.”

  • May 25, 2016

    Wis. 'Right-To-Work' Law Back In Effect During Appeal

    The Wisconsin Court of Appeals put on hold Tuesday a judge’s order that struck down the state’s “right-to-work” law, which bars labor contracts from requiring private-sector workers to pay union dues.

  • May 25, 2016

    Texas Charter Schools Targeted Over ‘Extensive’ Visa Use

    A Texas charter-school network exploits the H-1B visa process to bring in “extraordinary numbers” of Turkish teachers, who are then paid disparately high salaries in violation of employment laws, according to a complaint filed Tuesday with state education officials.

  • May 25, 2016

    Patriots Back Brady's Play Against NFL In Deflategate Fight

    The New England Patriots on Wednesday asked the Second Circuit to allow it to file a brief to support a bid by Tom Brady and the NFL players union to have a decision reinstating Brady’s four-game Deflategate suspension reheard, in a surprising move by the team to go against the league in a labor dispute to protect its star player.

  • May 25, 2016

    Jones Day Adds 2 Employment Pros As Partners In DC

    Jones Day has brought on two employment attorneys with extensive experience in transportation labor matters as partners in its Washington, D.C., office, the firm has announced.

  • May 25, 2016

    House Transpo Funding Bill Clears Murky Trucking Regs

    The House's $58.2 billion transportation and funding package that appropriators advanced Tuesday could provide needed operational flexibility to commercial truckers, experts say, by clarifying regulations over drivers' working conditions, like how long they spend driving and when they take breaks.

  • May 25, 2016

    11th Circ. Revives Fla. Worker's Race Discrimination Suit

    The Eleventh Circuit Court of Appeals on Wednesday revived the Florida retaliation claims of a black state employee who said she was given a poor performance review after complaining about racial discrimination, saying the district court erred when it struck these claims rather than remand them to state court.

  • May 25, 2016

    NLRB Tells Justices It Has Authority Over Tribal Casinos

    The National Labor Relations Board urged the U.S. Supreme Court on Tuesday to reject challenges to the agency’s authority over labor practices at two Michigan tribal casinos, arguing that the Sixth Circuit correctly ruled that the NLRB can regulate tribes’ commercial enterprises and there’s no circuit split on the issue.

  • May 25, 2016

    IP Atty Says Ex-Partner Stole Trade Secrets In Firm Split

    A California attorney has hit his former partner with a trade secrets lawsuit, claiming he brought valuable client information to his new firm in violation of a contract outlining the disbanding of the attorneys’ prior partnership.

  • May 25, 2016

    Former Voyager Bank CEO Gets 18 Mos. For Misleading Feds

    The former chairman and CEO of the now-sold Voyager Bank was sentenced Wednesday by a Minnesota federal judge to 18 months in prison after pleading guilty last year to obstructing an examination by the Federal Reserve Board into loans he received from the bank.

  • May 25, 2016

    NJ Attys Didn't Get Client OK For Fee Sharing, Panel Says

    The New Jersey Appellate Division on Wednesday declined to revive a referral fee dispute involving three law firms, ruling that the suing attorneys admitted that they didn't obtain the client's consent to all the firms’ participation in a fee-sharing arrangement. 

  • May 25, 2016

    Senate Votes To Block DOL ‘Fiduciary Rule'

    The U.S. Senate on Tuesday passed a resolution intended to block the U.S. Department of Labor’s contentious “fiduciary rule” from going into effect in a largely party line vote that sends the bill to the president, who has threatened to veto the legislation.

  • May 25, 2016

    Teacher Tenure Fight Heads To Calif. High Court

    An education reform group asked the California Supreme Court to take on its case calling the Golden State's teacher tenure system unconstitutional because it saddles poorer children with ineffective teachers, arguing Wednesday that a decision upholding the law "breaks sharply" with the high court's history.

  • May 25, 2016

    CVS Hit With Overtime Suit In Fla. Federal Court

    CVS Pharmacy was hit with a proposed class action in Florida federal court Wednesday that accuses the retailer of violating the Fair Labor Standards Act by failing to pay overtime wages to a nonexempt employee who claims to have logged about five overtime hours each week for seven years.

  • May 25, 2016

    DOL Reaches Deal With Ariz. Restaurants Over OT Violations

    The owners of four Mexican restaurants in the Phoenix area have agreed to pay about $200,000 to end a Fair Labor Standards Act suit brought by the U.S. Department of Labor alleging they failed to pay nearly 50 employees overtime, the agency announced Tuesday.

Expert Analysis

  • Litigating Trade Secret Misappropriation At The ITC

    Warren S. Heit

    The U.S. International Trade Commission is fast becoming one of the preferred venues to hear trade secret misappropriation actions and is all the more relevant in light of the Defend Trade Secrets Act, say Warren Heit and James Gagen of White & Case LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • The Evolution Of SOX: A Powerful Remedy For Retaliation

    Jason Zuckerman

    The Fourth Circuit's decision in Deltek Inc. v. U.S. Department of Labor is notable for its contribution to the Sarbanes-Oxley Act's expansion into a strong antidote against retaliation. Deltek and other recent SOX decisions indicate that SOX is a potent solution and that retaliation against a whistleblower can be quite expensive for a company, says Jason Zuckerman, principal at Zuckerman Law.

  • Trump’s Immigration Position Paper: A Nuanced Examination

    Noah Klug

    Donald Trump’s assertion that he will increase the prevailing wage for H-1B workers does not make sense. If he wants to raise prevailing wages to discourage employment of H-1B workers, he would have to work very closely with Congress to modify the methodology and data used for the calculations, and even then, he would be on unsteady legal footing, says Noah Klug at Berry Appleman & Leiden LLP.

  • 4th Circ. Takes A Conservative Approach To LGBT Rights

    Susan Warner

    While the Fourth Circuit’s recent ruling in Grimm v. Gloucester County School Board has been referred to as a landmark victory for transgender rights by some, a more careful reading of the decision indicates that the ruling was not necessarily a breakthrough for transgender rights, but a decision based on a conservative judicial approach to executive agency deference, says Susan Warner at Nelson Mullins Riley & Scarborough LLP.

  • Preparing For New Paid Family Leave Laws

    Robin J. Samuel

    Recent developments in California and New York have significantly increased the availability of paid family leave. Employers in these areas and elsewhere should begin to plan for a likely rise in the number of employees taking family leave, as similar measures may well be adopted in more states in the near future, say Robin Samuel and Amy Kett at Hogan Lovells.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • What Nonprofits Need To Know About Nonexempt Employees

    Benjamin E. Stockman

    The challenge for nonprofits of properly paying for "compensable time" will only get greater when the upcoming changes to the Fair Labor Standards Act's "white-collar" exemptions reclassify millions of employees nationwide as nonexempt — and thus overtime-eligible, say attorneys at Venable LLP.

  • Why Mediations Fail And What To Do About It

    Cecilia H. Morgan

    The standard responses for why mediations fail are “wrong people, wrong time, no joint session,” but in interviews with colleagues and fellow mediators, Cecilia Morgan at JAMS ADR takes a look at other common reasons why mediation are unsuccessful, and the best ways to guide a mediation to a satisfactory conclusion.