Employment

  • October 21, 2014

    SEC Whistleblower Head Admits To Award-Payout Struggles

    In part three of a three-part peek behind the scenes of the U.S. Securities and Exchange Commission’s whistleblower office, director Sean McKessy addresses some of the “unintended negative consequences” of the program: what happens when all of his tipsters aren’t eligible to get paid.

  • October 21, 2014

    Fla. Hospitals Beat Whistleblower's Retaliation Claim

    Two years after Florida-based Morton Plant Mease Health Care Inc. and its affiliated hospitals agreed to pay $10 million to resolve a whistleblower’s allegations that they overcharged the government for treating Medicare patients, the judge dismissed the whistleblower’s retaliation claims, ruling she was fired for a permissible reason.

  • October 21, 2014

    Hyundai Plant Workers Not Paid For Forced Workouts: Suit

    A production employee working for Hyundai Motor Manufacturing of Alabama LLC is accusing the company of refusing to pay overtime for mandatory exercise sessions at its Montgomery plant, according to a proposed collective action filed in federal court.

  • October 21, 2014

    Littler Bolsters Latin America Presence With Peru Office

    Employment and labor firm Littler Mendelson PC has entered Peru by combining with employment boutique Estudio Gonzalez & Asociados, marking Littler’s 10th global office, the firm announced on Monday.

  • October 21, 2014

    Slot Machine Maker Can't Shut Down Former GC's Rival Co.

    A New Jersey federal judge refused Monday to grant a preliminary injunction to a slot machine maker alleging its former in-house counsel defected with its trade secrets to start his own company, saying it waited too long to request relief.

  • October 20, 2014

    NJ High Court Mulls Mandatory Furloughs For City Workers

    A coalition of New Jersey municipal workers’ unions urged the state’s Supreme Court on Monday to reanimate formal disputes filed against three boroughs that imposed mandatory furloughs without first negotiating with the unions, telling the justices the appellate court’s ruling ignored clear precedent.

  • October 20, 2014

    Cinemax Actress Can't Avoid Claims Over Refused Sex Scenes

    An actress suing HBO, Cinemax and a production company saying she was coerced into filming "softcore porn" sex scenes for a late-night adult television series can't avoid counterclaims alleging she breached her contract by refusing to appear nude in the scenes, a California judge ruled Monday.

  • October 20, 2014

    NLRB Judges Knock 2 Employers' Arbitration Pacts

    A California grocery chain and a Las Vegas limousine service were faulted Friday by National Labor Relations Board judges who found the employers violated federal labor law by requiring employees to sign arbitration agreements that interfered with their right to bring collective actions.

  • October 20, 2014

    Flawed Order Led To Worker's $2.5M Award, Cruise Line Says

    Celebrity Cruises Inc. urged a Florida appeals court Monday to reverse a $2.5 million award to a former employee injured in a fight with a co-worker, saying the trial judge erred in sanctioning the company and finding it in default over a discovery matter.

  • October 20, 2014

    KBR, Halliburton Whistleblower Urges High Court To Allow Suit

    The whistleblower behind a False Claims Act case accusing Kellogg Brown & Root Services Inc. and Halliburton Co. of fraud has told the Supreme Court that the Fourth Circuit was right to rule that the Wartime Suspension of Limitations Act applies to civil FCA suits about wartime contracts.

  • October 20, 2014

    Firsthand Knowledge Needed To Clear FCA Bar, 3rd Circ. Rules

    The Third Circuit on Monday upheld the dismissal of a former Medco Health Solutions Inc. executive's False Claims Act kickback suit against Bristol-Myers Squibb Co. and AstraZeneca Pharmaceuticals LP, saying that firsthand knowledge of improper activity is necessary to overcome the FCA's public disclosure bar.

  • October 20, 2014

    High Court Denies Blue Cross' Appeal In Hidden Fee Case

    The U.S. Supreme Court on Monday declined to hear Blue Cross Blue Shield of Michigan's appeal of a $5.1 million judgment against the insurer over allegations it charged an auto supplier hidden fees while administering its health plan, allowing a host of similar lawsuits to go forward, according to plaintiffs' firm Varnum LLP.

  • October 20, 2014

    Accounting Group Warns EEOC About 'Expansion' Of ADEA

    The American Institute of Certified Professional Accountants urged the U.S. Equal Employment Opportunity Commission Monday to scuttle any potential lawsuits over retirement practices at accounting partnerships, warning that deeming accounting firm partners “employees” under the Age Discrimination in Employment Act would disrupt the profession.

  • October 20, 2014

    Nurses Launch Campaign For Strict Ebola Protocols

    The largest nurses' union in the U.S. on Monday began a week of events to encourage the public to pressure the Obama administration and Congress to require strict standards for Ebola treatment at hospitals and other health care employers.

  • October 20, 2014

    Pashman Stein Wins Rehearing Of Nostrum Fee Battle

    The New Jersey Appellate Court on Monday ordered a new hearing over Pashman Stein PC's injunction compelling Nostrum Laboratories to pay at least $500,000 in fees for a generic-drug developer in a noncompete suit brought by Dr. Reddy's, saying the case’s underlying facts were in dispute.

  • October 20, 2014

    Silent CBA Weighs Against Lifetime Healthcare, Justices Told

    A Sixth Circuit ruling that left M&G Polymers USA LLC responsible for a class of retirees' lifetime health benefits was “infected” by precedent regarding collective bargaining agreements that is out of step with federal labor policy and common sense, the company has told the Supreme Court.

  • October 20, 2014

    PAGA Claims Can Be Waived In Arbitration Pacts, Judge Says

    A federal judge rejected the California Supreme Court's conclusion that workers' right to bring representative Private Attorney General Act claims can't be waived through arbitration agreements, marking the latest federal ruling to eschew the state high court's June Iskanian decision.

  • October 20, 2014

    EEOC Names New Head Of Northwest Offices

    The U.S. Equal Employment Opportunity Commission has announced that the director of its Denver field office will helm the office in Seattle, which has jurisdiction over offices in the Northwest.

  • October 20, 2014

    Cargill Can't Win 1-Year Work Ban Against Former Exec

    A federal judge on Monday refused to grant Cargill Inc. an injunction that would have barred a former executive from working at rival JBS USA for a year, saying the food giant failed to prove he had threatened to disclose trade secrets to his new company.

  • October 20, 2014

    2nd Circ. Denies Seneca's Bid For Reinsurer Reimbursement

    The Second Circuit has refused to overturn a lower court’s finding that Seneca Insurance Co. can’t claim reinsurance from Everest Reinsurance Co. in a wrongful termination suit, finding “no merit” in Seneca’s arguments that prejudgment interest should be considered part of its loss.

Expert Analysis

  • Penalizing Employee Posts May Violate Protected Activity

    Sheeva J. Ghassemi-Vanni

    Though it's unclear how appellate courts will ultimately view the National Labor Relations Board's determination that an employee’s use of the “Like” button on Facebook constitutes protected activity, it is clear the NLRB is devoting significant attention to this issue, say Daniel McCoy and Sheeva Ghassemi-Vanni of Fenwick & West LLP.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • 7 Steps To Prepare For Dodd-Frank Whistleblowers

    Matt T. Morley

    Stay focused on the 120-day clock. Once 120 days have elapsed after potential wrongdoing is reported internally, a range of persons who would otherwise be ineligible for a Dodd-Frank whistleblower award suddenly becomes eligible, says Matt Morley of K&L Gates LLP.

  • 4 Ways To Minimize Risk In Retaliation Claims

    Mauro Ramirez

    Given the steady increase in retaliation claims filed with the U.S. Equal Employment Opportunity Commission, employers need to train managers before taking adverse employment actions — especially when they involve employees that may have engaged in protected activity, says Mauro Ramirez of Fisher & Phillips LLP.

  • Workplace Tasks On Trial In Integrity Staffing Arguments

    Nicholas Woodfield

    Oral arguments at the U.S. Supreme Court in Integrity Staffing Solutions Inc. v. Busk concerned whether various tasks were closely tied to the core ingress and egress concerns of the Portal-to-Portal Act, and elided the questions of time spent and employer motivation, say Nicholas Woodfield and R. Scott Oswald of The Employment Law Group PC.

  • 4th Circ. Sets High Court FCA Agenda For 2014-15 Term

    Ryan Hassanein

    In the last year, the U.S. Supreme Court has received no fewer than five petitions seeking review of Fourth Circuit decisions in False Claims Act cases. A review of the Fourth Circuit’s recent FCA decisions thus provides a peek inside six important FCA issues that the Supreme Court has recently thought about, say attorneys with Morrison & Foerster LLP.

  • 5 Communication Tips To Reduce Union Activity

    Stuart Fischer

    While conventional wisdom says labor unions are on the wane, income inequality and Millennials' entrance into the workplace could change that, and unions may be invited into a workplace simply because workers feel ignored. Better communication by managers can make a real difference, says Stuart Fischer of Finsbury.

  • Ex-Duane Reade CEO Case A Model For VWPA Restitution

    Lewis J. Liman

    The loss of a top officer to a criminal investigation is not unheard of, particularly in a change-of-control transaction. The Second Circuit’s ruling in a case involving a former Duane Reade Inc. CEO's securities fraud conviction establishes rules for companies to recover costs of investigation as restitution under the Victim and Witness Protection Act, say Lewis Liman and Breon Peace of Cleary Gottlieb Steen & Hamilton LLP.

  • 5 ACA Issues Employers Should Be Following

    David W. Garland

    In the wake of the Affordable Care Act, plaintiffs’ attorneys will likely use Section 510 of the Employee Retirement Income Security Act to sue employers that have reduced hours to limit their own liability under the employer mandate — such suits may even expose employers to class action liability, say attorneys at Epstein Becker & Green PC.

  • 5th Circ. Maritime Case May Set National Standard

    Joel B. Crane

    The Fifth Circuit majority opinion’s adherence to history, federal statutory law and U.S. Supreme Court precedent in McBride v. Estis Well Service LLC over limiting injured seamen and their heirs to pecuniary damages will undoubtedly serve as persuasive authority in defending against punitive damage claims in maritime cases nationwide, say attorneys at Sedgwick LLP.