Employment

  • March 30, 2015

    DOL Extends Comment Period For Contractor Sex Bias Regs

    The U.S. Department of Labor said on Friday that it was extending the deadline for comments on a proposed rule to revise sex discrimination guidelines for federal contractors, in light of  a recent U.S. Supreme Court ruling that revived a pregnancy bias case against United Parcel Service Inc.

  • March 30, 2015

    Justices Told To Defer To Voters On Same-Sex Marriage Bans

    Four states looking to keep in place bans on same-sex marriage told the U.S. Supreme Court on Friday that it should be up to their voters to define marriage, not the federal judiciary.

  • March 30, 2015

    Relators Dispute Atty Fee Bid Over $320M FCA Mortgage Deal

    Two relators in a False Claims Act row involving Taylor Bean & Whitaker Mortgage Corp. and Home America Mortgage Inc. have hit back at their former counsel’s claim to fees stemming from a $320 million settlement, urging a Georgia federal judge to invalidate a lien on their share of the deal.

  • March 30, 2015

    Dioceses Seek Another Birth Control Showdown In 3rd Circ.

    A pair of Pennsylvania dioceses and affiliated nonprofits are asking the Third Circuit to reconsider requiring them to comply with the Affordable Care Act’s contraceptive coverage mandate, saying the court misunderstood the Catholic faith when ruling that merely waiving participation in the program wasn’t a substantial burden on their religious beliefs.

  • March 30, 2015

    American Apparel Clarifies Media Rule After NLRB Complaints

    American Apparel Inc. has clarified its media policy after four employees filed complaints with the National Labor Relations Board alleging the newly implemented guidelines were intended to silence its workers from speaking to the press.

  • March 30, 2015

    Top Contractors' Policies May Chill Fraud Reports, OIG Says

    Thirteen of the biggest contractors with the U.S. Department of State have policies that could dissuade employees from reporting fraud, although none have ever enforced those policies, the Office of Inspector General said in a report made available Monday. 

  • March 30, 2015

    Au Pair Suit Brings Domestic Worker Abuse Into Spotlight

    As a class action unfolds in Colorado alleging au pairs on the J-1 visa program have had their wages fixed at $4.35 per hour, Law360 takes a closer look at the exploitation of domestic workers by abusive employers who range from middle-class families to high-ranking diplomats.

  • March 30, 2015

    Google Engineer Nixes Objections To $415M Anti-Poach Deal

    A Google Inc. software engineer on Monday withdrew his objections to a $415 million settlement in the antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing to not poach engineers, asking a California federal judge to disregard concerns he raised Friday.

  • March 30, 2015

    IRS Finalizes Rules For Deducting Excessive Compensation

    The IRS said in final regulations released Monday that limitations on deducting excessive compensation for executives of publicly held companies apply to all types of equity-based compensation, not just stock options and appreciation rights.

  • March 30, 2015

    KBR Whistleblower In Iraq FCA Case Sent To Arbitration

    An Illinois federal judge on Monday pushed a whistleblower into arbitration and out of a False Claims Act suit alleging mismanagement and kickbacks by KBR Inc. and two subcontractors in Iraq, saying the former employee was subject to arbitration contract provisions.

  • March 30, 2015

    Hotel Slams EEOC Conduct During Discovery In Bias Suit

    Pioneer Hotel Inc. urged a Nevada federal judge Friday to toss a suit brought by the U.S. Equal Employment Opportunity Commission that claims that the hotel discriminated against a group of Mexican employees, alleging the agency “unabashedly flouted its discovery obligations.”

  • March 30, 2015

    Tire Co. Says It Didn't Destroy Docs In EEOC Sex Bias Row

    The U.S. Equal Employment Opportunity Commission’s claim that Mavis Discount Tire Inc. tossed important applications and resumes following a sex discrimination charge is “fundamentally flawed,” the tire giant told a New York federal court Friday, arguing Mavis forwards such applications to its human resources office.

  • March 30, 2015

    Bristol-Myers Faces Retaliation Suit After FCA Claims Axed

    An Ohio federal judge on Friday dismissed False Claims Act allegations that Bristol-Myers Squibb Co. and Otsuka America Pharmaceutical Inc. defrauded the government and used kickbacks to promote off-label sales of antipsychotic drug Abilify, but left intact whistleblowers’ retaliation claims against BMS.

  • March 30, 2015

    Chipotle Must Hand In Report But Not Emails In OT Suit

    A New York federal judge has determined that some of the documents that plaintiffs in an overtime wage suit against Chipotle Mexican Grill Inc. demanded be turned over must indeed be made available while ruling that others are protected by attorney-client privilege.

  • March 30, 2015

    Gov't Escapes Suit Over Failure To Pay $1.2M FCA Settlement

    A California federal judge has tossed a lawsuit from two whistleblowers accusing the government of negligently failing to pay them more than $1.2 million of a settlement stemming from their separate False Claims Act suit, saying a provision in the settlement bars their claims.

  • March 30, 2015

    TRW, Union Spar Over Duration Of Retiree Benefits

    TRW Automotive Holdings Corp. and a putative class of auto plant retirees fighting the termination of their health care plan responded Friday to competing summary judgment bids in Michigan federal court, with TRW and co-defendants calling the suit flawed, and the union-backed retirees arguing they’re entitled to lifelong benefits.

  • March 30, 2015

    Woman Gets 2nd Shot At Sex Harassment Suit Against Judge

    A woman who claims that she was groped by an administrative law judge for the U.S. Social Security Administration will get a second shot at filing suit over the incident after a Pennsylvania federal court issued a ruling finding that her initial complaint failed to level a valid claim.

  • March 30, 2015

    MLB FanFest Volunteer Takes Swing At Reviving FLSA Claims

    A baseball fan who alleged in a class action suit that Major League Baseball violated wage laws by not paying him for volunteering at the league's popular offseason FanFest asked the Second Circuit on Monday to revive his federal claims, arguing that the Manhattan proceedings should be reopened for fact discovery.

  • March 30, 2015

    Justices To Hear ERISA Reimbursement Case

    The U.S. Supreme Court on Monday agreed to hear an Employee Retirement Income Security Act case over whether a man injured by a drunken driver is required to reimburse his health plan administrator for medical expenses.

  • March 30, 2015

    Ariz. County Stuck With Liability In Immigrant ID Suit

    An Arizona federal judge Friday denied Maricopa County's request to reconsider his finding in a putative class action that the county is liable for Sheriff Joe Arpaio's decisions to enforce two state identity theft laws, saying it failed to show that the court had erred.

Expert Analysis

  • Top Tips For Data Breach Readiness And Response

    Elizabeth C. Rogers

    Until Congress agrees on uniform responsibilities and liabilities for data breaches, companies operating in the U.S. must traverse a patchwork of laws in 47 states and the District of Columbia. Still, firms can and should develop a written information security response plan and maintain relationships with breach response vendors, say Elizabeth Rogers and Alan Sutin of Greenberg Traurig LLP.

  • Can Employers Record Employee Phone Conversations?

    James M. McCabe

    Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • OSHA Final Rules On SOX Will Increase Retaliation Claims

    Kenneth W. Gage

    The U.S. Occupational Health and Safety Administration's final regulations on workplace retaliation claims brought by purported whistleblowers under the Sarbanes-Oxley Act continue to take an employee-friendly approach and employers should expect the number of such claims to continue rising, say attorneys at Paul Hastings LLP.

  • Don't Click On That Link! Your Data May Depend On It

    Randi W. Singer

    Cybersecurity is the ultimate team sport and every person in a company — from a corporate director all the way down to an entry-level employee — needs to be aware of spear phishing, which is often the easiest route into a sophisticated computer network, say Paul Ferrillo and Randi Singer of Weil Gotshal & Manges LLP.

  • 3 Ways To Curb Insider Threats Without Alienating Employees

    Thom Ottoson

    Insider threats may be the most grievous of threats companies face because they always come from a trusted individual. But not all trusted individuals should be subject to scrutiny all the time. Instead of creating a culture of security, it causes a culture of fear, say Thomas Ottoson and Nicholas Metzgar, founders of LemonFish Technologies LLC and former technical directors in the Office of the Director of National Intelligence.

  • To Understand King V. Burwell Look To Yates V. US

    Kurt W. Melchior

    When considering the U.S. Supreme Court's pronouncements on statutory construction in Yates v. United States, it should be apparent that in the case of the Affordable Care Act's insurance exchanges, the standard statutory construction rules that the high court so recently applied should result in a victory for the federal government in King v. Burwell, says Kurt Melchior of Nossaman LLP.

  • NJ Supreme Court Clarifies Expert Testimony Rule

    Timothy Freeman

    Practitioners should take note of the New Jersey Supreme Court's recent decision in Townsend v. Pierre when seeking to exclude expert testimony that is based on factual scenarios that have no support in the record, says Timothy Freeman of Sedgwick LLP.

  • Calculating Costs Of Improper Calif. Background Checks

    Joshua R. Dale

    There are substantial penalties for California employers obtaining information on job seekers in violation of state and federal law or for using lawfully obtained information for an improper purpose. These penalties can include federal and state agency enforcement actions as well as private lawsuits on behalf of the aggrieved job applicant, says Joshua Dale of Michel & Associates PC.

  • Corporate Officers Can Blow The Whistle, Too

    Amy Riella

    Although corporate officers who learn of fraud from another employee or through the compliance process typically are ineligible for awards under the whistleblower program, there is an important exception to the rule, and it is likely that the U.S. Securities and Exchange Commission will continue to rely on it, says Amy Riella of Vinson & Elkins LLP.