Employment

  • August 1, 2014

    Pepper Hamilton Ducks Philly Union Boss' Malpractice Suit

    A Pennsylvania state judge has thrown out a Philadelphia union leader’s malpractice lawsuit against Pepper Hamilton LLP in which he alleged that his former attorneys at the firm leaked confidential information to gain advantage in a defamation suit against the parent of the Philadelphia Inquirer.

  • August 1, 2014

    Swartz Campbell Asks Pa. Court To DQ Chartwell In Fees Suit

    Swartz Campbell LLC has urged a Pennsylvania state court to disqualify The Chartwell Law Offices LLP as counsel for an ex-partner it accused of failing to pay fees owed to the firm for cases started before he left to join Chartwell, arguing it’s a conflict of interest.

  • July 31, 2014

    AbbVie Investor Says Brass Exposed Co. To Off-Label Claims

    An AbbVie Inc. shareholder launched a derivative suit Thursday in Delaware Chancery Court accusing the biopharmaceutical company’s brass of saddling it with the risk of liability connected to whistleblower accusations of physician kickbacks and off-label drug marketing directed at former parent Abbott Laboratories before a spinoff.

  • July 31, 2014

    Texas Appeals Court Says Marketing Worker OK'd Arbitration

    A Texas appeals court on Wednesday said a trial judge wrongly refused to compel arbitration in a dispute between a firm that markets energy contracts and cellphone services, among other products, and a former sales representative who claimed he was cheated out of income.

  • July 31, 2014

    Ex-NFLers Seek Medical Docs Amid $765M Concussion Deal

    Twenty-four ex-National Football League players and retired players' wives asked a Pennsylvania federal judge on Thursday to allow them to obtain medical records they claim are essential to deciding whether they will support the NFL's recent $765 million concussion settlement proposal in multidistrict litigation.

  • July 31, 2014

    Contractors Protest Ambiguities In Minimum Wage Proposal

    Contractor advocates are objecting to ambiguous terms in the Department of Labor's proposed minimum wage standards for federal contractor employees, saying that uncertainty about which employees must be covered is particularly worrisome in light of an increased debarment risk for wage violations.

  • July 31, 2014

    Obama's Labor Violation Order May Drive Contractors Away

    President Barack Obama signed an executive order Thursday requiring federal contractors to disclose recent labor violations, putting in place new reporting obligations that attorneys say will raise compliance costs for contractors and could drive some companies to abandon government contract work altogether.

  • July 31, 2014

    ACA Challengers Ask High Court To Take Up Subsidy Fight

    A group of Virginia residents on Thursday asked the U.S. Supreme Court to review last week’s Fourth Circuit decision allowing federal government subsidies for insurance premiums on the federal Affordable Care Act exchange, saying only the high court can resolve a circuit split on the issue.

  • July 31, 2014

    NCAA Concussion Deal Discourages Future Recovery Suits

    The NCAA has agreed to pay $70 million to set up a concussion-screening framework under a proposed settlement with former student-athletes this week, but attorneys say the deal would keep the organization's future litigation exposure low by requiring players to bring individual suits, rather than class actions, in order to seek recovery for treatment or injuries.

  • July 31, 2014

    Highland Holds Onto $2.8M Atty Fees In Fight With Ex-Exec

    A Texas state judge upheld a jury’s $2.8 million award of attorneys’ fees to Highland Capital Management LP against its former private equity head, who himself recovered $2.6 million from a Highland fund that had been set up for employee bonuses, bringing the long-running court fight to a close.

  • July 31, 2014

    Axis Can't Pursue Cop Shooting Coverage Suit In Fed. Court

    A Louisiana federal judge on Wednesday dismissed Axis Insurance Co.’s bid to avoid coverage in litigation stemming from the shooting deaths and injuries of four Louisiana sheriff’s deputies, finding that state-court issues outweighed federal ones.

  • July 31, 2014

    SEC Rewards Tipster With Whistleblower Award

    The U.S. Securities and Exchange Commission on Thursday announced an award of more than $400,000 to an unnamed whistleblower who reported a fraud to the agency after company involved failed to address the issue internally despite several alerts.

  • July 31, 2014

    Calif. Wage Law Covers Beauty School Students, Judge Says

    A California federal court refused Wednesday to toss out the bulk of a putative class and collective action claiming Amarillo College of Hairdressing Inc. unlawfully staffs its salon business with unpaid student workers, rejecting the argument that the students didn't qualify as employees. 

  • July 31, 2014

    Sara Lee Settles Workers' Don-Doff Claims

    Sara Lee Corp. agreed Wednesday to pay $85,000 to settle a dispute with a class of workers in Michigan who alleged the company cheated them of pay for the time it took to put on their uniforms and safety equipment.

  • July 31, 2014

    Kellogg Co. Union Lockout Must End, Federal Judge Rules

    A federal judge on Wednesday ordered Kellogg Co. to end a nine-month worker lockout at its Memphis, Tennessee, cereal plant, finding reasonable cause that Kellogg engaged in unfair labor practices by demanding changes to the wage rates of new and rehired unionized workers.

  • July 31, 2014

    TJ Maxx Parent Faces New Class Action Claim Over OT

    Retail giant The TJX Companies Inc., parent of T.J. Maxx and Marshalls, was hit Wednesday with a proposed collective action in Florida federal court accusing it of misclassifying assistant managers as overtime-exempt, the latest in a string of similar lawsuits stretching back five years.

  • July 31, 2014

    Indian Harbor Can't Shield Reserve Info In Coverage Battle

    A California judge on Wednesday ordered Indian Harbor Insurance Co. to produce documents detailing its calculation of reserves for whistleblower litigation accusing mobile diagnostic imaging providers of a kickback scheme and of submitting false claims to Medicare.

  • July 31, 2014

    Raymour & Flanigan Hit With OT, Commission Pay Class Action

    Raymours Furniture Co. on Wednesday was slapped with a putative class action in New York federal court, alleging the retailer improperly withholds overtime and commission wages from its sales associates.

  • July 31, 2014

    Law Clerk's Lies, Not Discrimination, Led To Firing, Firm Says

    A Los Angeles personal injury firm accused of subjecting a former calendar clerk to racist and homophobic harassment and discrimination urged a California judge on Thursday to toss the clerk’s employment suit, saying he was fired for lying, not for any discriminatory reason.

  • July 31, 2014

    Reed Smith Adds Ex-Gordon & Rees Employment Partner In SF

    Reed Smith LLP has lured a Gordon & Rees LLP attorney with extensive experience in trial work and all aspects of labor and employment litigation, with clients in technology and retail, to serve as a partner in the firm’s labor and employment practice in San Francisco, Reed Smith announced on Thursday.

Expert Analysis

  • Canadian Immigration Overhaul Will Impact Food Services

    Audrey Anne Chouinard

    The Canadian government's recent sweeping reform of its Temporary Foreign Worker Program ends the moratorium on the food services sector, which is meant to strengthen the integrity of the TFWP as a last-resort measure to fill jobs in Canada, say Pierre-Etienne Morand and Audrey Anne Chouinard of Norton Rose Fulbright.

  • Defense Bar Risks Giving Bad Advice About Pregnant Workers

    Joan C. Williams

    A few weeks ago, for the first time in 30 years, the Equal Employment Opportunity Commission updated its guidance on pregnancy discrimination in response to a flood of pregnancy discrimination complaints. What followed was truly weird, says Joan Williams of the University of California, Hastings College of Law.

  • In Mach Mining Appeal, A Search For Conciliation Model

    Steve Pearlman

    The U.S. Supreme Court, in agreeing to hear Equal Employment Opportunity Commission v. Mach Mining, should consider the National Labor Relations Act's model for good-faith bargaining as the Seventh Circuit’s approach toward the case arguably invites a “take-it-or-leave-it” option that could lead to litigation based on legal theories in search of supporting facts, say Steve Pearlman and Amanda Wiley of Proskauer Rose LLP.

  • Immigration-Related Liability For Calif. Employers Rises

    Richard E. Bromley

    In light of the California Supreme Court's recent ruling in Salas v. Sierra Chemical Co., employers should not continue to employ workers after discovery of unauthorized status because doing so may expose them to further liability, say attorneys at Nixon Peabody LLP.

  • Peregrine Puts Hired-To-Invent Issues In Spotlight

    Michael Bunis

    Do you think your employees are hired to invent? A California federal judge's recent ruling in Peregrine Semiconductor Corp. v. RF Micro Devices Inc. serves as a reminder that oral agreements are insufficient and employees who perform general engineering, development or other activities will likely fall outside the scope of the hired-to-invent doctrine, say Michael Bunis and Vanessa Arslanian of Choate Hall & Stewart LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Established Employment Rules Are Not Safe From The NLRB

    Shannon M. Gibson

    Terms and conditions of employment long considered settled by employers can now no longer be taken for granted as not running afoul of the National Labor Relations Act as the National Labor Relations Board continues its dramatic outreach campaign to workers, say William Miossi and Shannon Gibson of Winston & Strawn LLP.

  • Employers May Have Opportunity In ACA Legislative Flaw

    Robert C. Christenson

    Employers still on the fence in terms of providing qualifying health care coverage for their employees see new hope in the D.C. Circuit's ruling in Jacqueline Halbig v. Burwell because the case points to a possible legislative flaw that would exempt employers in 36 of the 50 states from the "pay-or-play" tax that underlies the Affordable Care Act, says Robert Christenson of Fisher & Phillips LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.