Employment

  • May 3, 2016

    Self-Employment Tax Rules Apply To Partnerships, IRS Says

    Members of a partnership that owns a so-called disregarded entity, or a business that has a single owner and is not a corporation, are not exempt from self-employment tax rules, the Internal Revenue Service said in proposed and temporary regulations released Tuesday.

  • May 3, 2016

    Woman Sues Pa. DA After Firing Over Parody Web Comments

    A Pennsylvania woman said Friday that she was fired after detectives threatened to arrest her at her workplace over an online account that parodied a woman convicted of assaulting two gay men, according to a federal complaint that seeks $5.15 million for First Amendment violations.

  • May 3, 2016

    Repair Contractor Who Paid Flat Rates On Hook For $682K OT

    A Houston-area foundation repair company on Tuesday agreed to pay $682,000 in back wages to workers following a Fair Labor Standards Act investigation by the U.S. Department of Labor into its practice of paying a day rate instead of paying per hour worked.

  • May 3, 2016

    Texas Appeals Court Trims UT Coach's Discrimination Suit

    A Texas appellate court on Tuesday trimmed a suit about African-American former University of Texas-Austin track coach Beverly Kearney’s 2013 departure over a relationship with a student, saying her well-pled allegation she was forced out due to race undermines her claim she was fired in retaliation for alleging discrimination.

  • May 3, 2016

    College Athletes' DraftKings, FanDuel Suits Dismissed

    Two former college athletes on Monday dismissed their putative class actions in Illinois federal court against FanDuel Inc. and DraftKings Inc. over the use of their names and likenesses, dropping their claims that the fantasy sports sites profited off their hard work.

  • May 3, 2016

    Justices Asked To Review Labor Agency's 'Trial By Ambush'

    A California dairy farm has asked the U.S. Supreme Court to rule on whether limitations on prehearing discovery imposed by state administrative agencies reviewing labor disputes lead to due process violations under the Fifth and Fourteenth amendments.

  • May 3, 2016

    Sheppard Mullin Snags Littler Employment Partner In SoCal

    Sheppard Mullin Richter & Hampton LLP said Monday it picked up a former Littler Mendelson PC partner with experience representing employers in single-plaintiff and class actions at trial and in arbitration covering a broad array of employment law matters in southern California.

  • May 3, 2016

    EEOC Warns Employers On Transgender Bathroom Access

    The U.S. Equal Opportunity Employment Commission cautioned employers Monday to make sure they provide transgender workers access to a bathroom that corresponds to their gender identity or risk running afoul of Title VII.

  • May 3, 2016

    FedEx Drivers' $3.7M Wage Deal Revealed As Docs Unsealed

    A California federal judge on Monday revealed a $3.75 million settlement to resolve a class action accusing FedEx Freight Inc. of failing to pay 1,600 truck drivers adequate wages, unsealing court papers for the hush-hush deal that was granted preliminary approval in April.

  • May 3, 2016

    NCAA Athlete Says Transfer Rule Challenge Should Continue

    A former Northern Illinois University punter who filed suit against the NCAA over its scholarship caps and transfer restrictions asked an Indiana federal judge Monday to keep his proposed class action alive, arguing he properly pled his antitrust claims.

  • May 3, 2016

    Ex-Kaye Scholer Worker Seeks To Compel Firm's Documents

    A former Kaye Scholer LLP help desk worker suing the firm for alleged gender bias and sexual harassment asked a Florida federal court to compel discovery, arguing that the firm has failed to turn over her own employment records or those of other workers and supervisors.

  • May 3, 2016

    Texas Hospital Gets Doctor's Future Damages Award Nixed

    A Texas appellate court nixed a $100,000 future damages award to a whistleblowing physician on Monday, agreeing with a west Texas hospital that the award wasn't justified because of a lack of evidence.

  • May 3, 2016

    Fla. Radiology Center Blasts Atty Fee Request In FCA Row

    A Florida radiology provider who recently agreed to pay more than $8.7 million to resolve False Claims Act and kickback allegations challenged a whistleblower’s bid for nearly $71,000 in attorneys’ fees and costs, saying Tuesday that the request came too late.

  • May 3, 2016

    NAACP Sues Ala. Gov. For Blocking City’s Minimum Wage Hike

    The NAACP hit Alabama’s governor and attorney general with a suit Thursday in federal court over their role blocking Birmingham’s minimum wage increase, which it says would have benefited black residents, in favor of what it calls an unconstitutional and racially motivated state law barring city-enacted wage minimums.

  • May 3, 2016

    Calif. Appeals Court Tosses Libel Suit Against Law Firm

    A California appeals panel ruled 2-1 Monday that Phillips & Cohen LLP is protected from J-M Manufacturing Co.'s libel suit over an announcement touting a jury verdict on subpar PVC piping sold to dozens of municipalities, an announcement the appellate court said was “comfortably within” allowed literary license.

  • May 3, 2016

    Ogletree Adds Ex-Michael Best Employment Atty In Milwaukee

    Ogletree Deakins Nash Smoak & Stewart PC announced that it has strengthened its workplace safety and health practice group in its Milwaukee, Wisconsin, office with the addition of an ex-Michael Best & Friedrich LLP attorney.

  • May 3, 2016

    HMS Settles Trade Secret Suit With Health Services Rival

    HMS Holdings has reached a settlement barring competitor Public Consulting Group from offering third-party health care liability services, heading off a trial that was set to begin in Dallas state court over allegations PCG poached employees and trade secrets.

  • May 3, 2016

    Aegon Adds BlackRock UK's $17B Pension Platform

    Dutch insurer and asset manager Aegon NV will buy BlackRock UK’s £12 billion ($17.46 billion) defined contribution platform and associated administrative business in a deal that will dramatically increase the volume of such investments Aegon manages, the companies said Tuesday.

  • May 3, 2016

    What Employers Should Know As Election Spurs Online Rants

    With the race for the White House shifting into high gear, millions of Americans are sounding off about the state of the contest on social media. Here, Law360 looks at the things employers need to know to effectively deal with legal issues arising from their workers’ social media barrage.

  • May 3, 2016

    NY Court Cuts $25M Asbestos Liability Award Against Ammco

    The New York Supreme Court has slashed by more than half a former mechanic’s $25 million asbestos injury award against Ammco, a manufacturer of brake service tools, finding the amount to be out of step with awards upheld in similar and recent asbestos liability cases.

Expert Analysis

  • Dentons: A New Kind Of Network?

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    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • A New Perspective On Seated Work For Calif. Employers

    Jason Brown

    In Kilby v. CVS Pharmacy, the California Supreme Court made three core holdings, but none tracked the arguments made by either the defendant or plaintiff in the case. The court instead adopted the conclusions of a case decided by the California Department of Labor Standards Enforcement, which shows how persuasive the DLSE is to the court on issues of statutory interpretation and application, says Jason Brown at Fisher & Phillips LLP.

  • Avoiding The Risk Of Cybersecurity Whistleblowers

    Renee Phillips

    With regulators hungry to identify and investigate potential cybersecurity issues, whistleblowers provide a fertile opportunity to get the inside perspective with little to no resource investment. The Tiversa case brings into sharp focus the potential impact that cyber whistleblowers can have, and how organizations can mitigate that risk, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • A Victory For SOX Whistleblowers In Recent DOL Decision

    Debra Katz

    A recent decision from the U.S. Department of Labor's administrative review board in Dietz v. Cypress ultimately strengthens protections for whistleblowers at publicly traded companies. The language about protected activity and constructive discharge in this decision could form useful tools for whistleblowers and their counsel in years to come, say Debra Katz and Matthew LaGarde at Katz Marshall & Banks LLP.

  • 3 Takeaways From The Native American Finance Conference

    Kathleen M. Nilles

    At the Native American Finance Officers Association's recent annual conference tribal and government officials discussed ways tribal leaders can reduce taxes on tribal members without reducing income or benefits, uncertainty over the Affordable Care Act's new reporting requirements and the development of energy projects on tribal lands, say attorneys at Holland & Knight LLP.

  • A Summer Storm Brews In Anticipation Of DOL Overtime Rule

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    If the U.S. Department of Labor's controversial overtime regulations are eventually enacted, it's estimated they could cost employers more than $1 billion annually. But even though the approaching changes are disconcerting for employers across all industries, they do offer an ideal opportunity to address any existing misclassification issues, says Janet Hendrick at Fisher & Phillips LLP.

  • What To Know About Trade Secret Law In Saudi Arabia

    Paul B. Keller

    As Saudi Arabia's market continues to expand and with its stock market becoming increasingly opening to foreign investors, many U.S. companies and banks are expanding operations in and to the kingdom. These expansions pose a great opportunity for many technology and life science companies — and the potential for the theft or misappropriation of a company’s trade secrets by an employee or business partner, say Paul Keller and Jihad ... (continued)

  • Garland On The High Court: What It Could Mean For Employers

    Brian W. Bulger

    A review of recent labor and employment opinions from Merrick Garland, chief judge of the D.C. Circuit, reveals a judge who appears to have no glaring ideological allegiance to either employers or employees. However, the U.S. Supreme Court nominee does show a deference to administrative agencies that could be troubling to employers, say Brian Bulger and Charles Wilson at Cozen O'Connor PC.

  • Iskanian’s Little-Known Limitation On PAGA Suits

    Jamin S. Soderstrom

    Plaintiffs attorneys have fallen in love with the portion of the California Supreme Court's decision in Iskanian v. CLS Transportation regarding California’s Private Attorneys General Act. However, they love Iskanian’s result more than its reasoning and there is one fundamental limitation embedded within the court's lengthy ruling, says Jamin Soderstrom at Call & Jensen.

  • When Gov't Hires Private Attys: The Need For Boundaries

    Keith Fogg

    Two high-profile uses of nongovernment workers at the IRS have penetrated the wall of core government function in a way not been done in many decades. If we are going to take this path, we should have an understanding of when a task requires a government employee and when private contractors make the most sense, says Keith Fogg, a professor at Villanova Law School and a former IRS counsel.