Employment

  • November 20, 2014

    Obama Announces Bold New Immigration Actions

    President Obama on Thursday said he would take executive action to allow certain undocumented immigrants with children to remain in the U.S., while beefing up border security and making it easier for highly skilled workers and graduates to stay in the country.

  • November 20, 2014

    Prime Healthcare Can't Slip $50M Medicare Billing FCA Suit

    A California federal judge on Thursday rebuffed Prime Healthcare Services Inc.’s bid to dismiss a False Claims Act suit alleging the hospital group overcharged Medicare and Medicaid over $50 million by falsifying admissions information, accepting a government statement that the allegations weren’t public before the suit was filed.

  • November 20, 2014

    Dr Pepper Urges 9th Circ. To Overturn Age Bias Verdict

    Dr Pepper Snapple Group Inc. on Thursday urged the Ninth Circuit to overturn a $1.7 million judgment awarded to an older truck driver who alleged managers assigned him strenuous tasks with the intent to injure and replace him, saying the judge wrongfully kept crucial evidence from jurors.

  • November 20, 2014

    Wal-Mart Workers Plan Black Friday Strikes

    Scores of Wal-Mart Stores Inc. workers and supporters have vowed to organize more than 1,500 protests on Black Friday, calling on the retail giant to raise its minimum wage to $15 per hour and provide full-time work to employees.

  • November 20, 2014

    Ariz. Deepens States' Rift On UTSA Preemption

    The Uniform Trade Secrets Act is more than three decades old, but a ruling in Arizona this week highlights the fact that the various states that have adopted it are still split over a sticky question: whether the act preempts all other claims of information theft.

  • November 20, 2014

    Detroit Ch. 9 Empowers Cities To Tackle Soaring Pensions

    The city of Detroit’s emergence from bankruptcy with significant concessions from its retirees offers renewed hope for municipalities across the country to address the accounting gimmickry used to avoid confronting huge employment-related liabilities, experts said at a panel discussion Wednesday.

  • November 20, 2014

    8th Circ. Denies Rehearing On $5.8M Tyson Don-Doff Award

    A divided Eighth Circuit on Wednesday declined a rehearing bid and let stand a $5.8 million judgment awarded to a class of Tyson Foods Inc. employees in a compensation dispute over the time they spent putting on and taking off protective gear.

  • November 20, 2014

    Ex-CEO Of Massey Coal Pleads Not Guilty In Mine Blast

    Ex-Massey Energy Co. CEO Don Blankenship reportedly pled not guilty in West Virginia federal court Thursday to criminal charges of spurring on the safety failures found to have killed 29 miners in a 2010 explosion and of lying to the U.S. Securities and Exchange Commission.

  • November 20, 2014

    Pa. High Court Won't Let State Close Health Centers

    The Pennsylvania Supreme Court on Thursday granted a Service Employees International Union affiliate’s bid for a preliminary injunction stopping the state from closing 26 community health centers, saying it was necessary to prevent immediate and irreparable harm.

  • November 20, 2014

    IRS Loses Bid To Squash Whistleblower Award Claim

    The U.S. Tax Court on Thursday ruled a tax whistleblower can continue to seek an award for helping the Internal Revenue Service collect more than $844,000 and told the IRS it must gather more evidence to demonstrate why the whistleblower isn't entitled.

  • November 20, 2014

    Fluor Strikes Deal With Contractor In $17M Hot Shower Suit

    Fluor Intercontinental Inc. reached a confidential settlement with a worker who won $17.3 million in a suit that alleged he was severely burned by showers at a compound in Baghdad, leading a Texas appellate court on Wednesday to reverse and render a take-nothing judgment.

  • November 20, 2014

    Exxon Retirees Win $4M For Financial Co.'s Mismanagement

    A Financial Industry Regulatory Authority arbitration panel ordered Houston-based wealth management firm U.S. Capital Advisors LLC Monday to pay $3.8 million to 19 retired Exxon Mobil Corp. employees, who alleged the firm had mismanaged their retirement savings accounts.

  • November 20, 2014

    Judge Scolds McGuire Attys, Calls Sprint Pay Case 'The Worst'

    A California federal judge Thursday scolded attorneys with McGuireWoods LLP for not handing over contact information for potential class members in a lawsuit claiming Sprint Nextel Corp. didn't pay retail consultants and store managers for hours worked, saying the parties’ squabbling made the case “the worst” on his docket.

  • November 20, 2014

    Texas Court Clears Littler Atty In Employment Settlement Row

    A Texas appellate court on Wednesday cleared a Littler Mendelson PC attorney of allegations in an employment dispute that she had overstepped her authority in negotiating a settlement, saying a trial court had rightly thrown the claims out.

  • November 20, 2014

    Texas Urges 5th Circ. To Revive EEOC Background Check Row

    The state of Texas told the Fifth Circuit on Wednesday that it had standing to sue the U.S. Equal Employment Opportunity Commission over the agency's 2012 guidance on background checks in hiring, urging the reversal of a lower court ruling tossing the state's suit.

  • November 20, 2014

    Insurer Says Legal Malpractice Cost It Subrogation Win

    Unigard Insurance Co. hit the law firm of Blaser Oleson & Lloyd Chtd. with a legal malpractice suit on Wednesday in Idaho federal court, alleging it faces a malicious prosecution suit from two employees of a paint company accused of theft due to the firm’s failure to prevail in a subrogation suit.

  • November 20, 2014

    Zillow Accused Of 'Boiler Room' Tactics In $5M Class Action

    Online real estate marketplace Zillow Inc. was hit with a $5 million putative employment class action on Wednesday, accusing it of intimidating sales representatives into working long hours and through meal breaks without pay.

  • November 20, 2014

    $6B Record Haul For DOJ As FCA Reaches New Heights

    The U.S. Department of Justice on Thursday announced that it recovered $5.7 billion through False Claims Act litigation in fiscal 2014, a record haul buoyed by exceptionally large penalties against financial institutions as well as continued success policing hospitals, drugmakers and defense contractors.

  • November 20, 2014

    9th Circ. Ruling Means Closer Scrutiny Of FLSA Claims

    An employer-friendly Ninth Circuit decision that clarified how specific workers pursuing Fair Labor Standards Act suits must be to survive dismissal bids added an arrow to wage-and-hour defendants' quivers and represents a trend toward courts demanding more details from class and collective action plaintiffs, management-side lawyers say.

  • November 20, 2014

    Senators Tip Hat To Ex-NLRB Nominee While Vetting New One

    National Labor Relations Board nominee Lauren McFerran told a Senate committee Thursday that she would bring an open mind to the labor board, while lawmakers criticized the board's potential impact on business franchising and expressed displeasure that former nominee Sharon Block had been “blacklisted.”

Expert Analysis

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Updating Our Understanding Of The FMLA: Part 1

    Linda Dwoskin

    The lesson from the Third Circuit's ruling in Lupyan v. Corinthian Colleges Inc. is that employers must ensure delivery of all legally required notices under the Family Medical Leave Act and retain proof of that delivery, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Home Companionship Industry Will Feel FLSA Exemption Fix

    Joseph W. Gagnon

    Rule changes from the U.S. Department of Labor affecting the companionship exemption in the Fair Labor Standards Act will make determining what constitutes a primary benefit, as opposed to a tangential or incidental benefit to other members of the household, fact-intensive and will likely be a future source of litigation, says Joseph Gagnon of Fisher & Phillips LLP.

  • FCA Case Will Likely Set Standard On ACA Overpayments

    Bill Mateja

    A New York federal court's ruling on the motion to dismiss that was just filed in the False Claims Act suit against Continuum Health Partners Inc. will most likely set forth some needed guidance as to what kind of factual scenario triggers the start date for the Affordable Care Act’s 60-day overpayment rule, say Bill Mateja and Mike Nammar of Fish & Richardson PC.

  • Can Employers Be Vicariously Liable Under CFAA?

    Leonard A. Feiwus

    While the Computer Fraud and Abuse Act's language is silent on vicarious liability, this omission has not precluded some courts from looking beyond the text to apply common law principles of agency or, alternatively, imposing such liability using the CFAA’s conspiracy provision, says Leonard Feiwus of Kasowitz Benson Torres & Friedman LLP.

  • A New Playing Field For Distressed Municipalities

    Benjamin D. Feder

    The perception that public employee pension obligations cannot be impaired in bankruptcy suffered a damaging blow nearly a year ago in the Detroit bankruptcy case, and has now been fatally wounded by a ruling in the Chapter 9 case of Stockton, California. While public employee pensions are no longer sacrosanct, impairment will require a lengthy, expensive and determined effort, says Benjamin Feder of Kelley Drye & Warren LLP.

  • Parrish V. Latham Hasn't Changed Malicious Prosecution

    T. John Fitzgibbons

    Parrish v. Latham & Watkins LLP represents no sea change in the law on malicious prosecution since the appellate court relied heavily on Slaney v. Ranger Ins. Co. The Latham court did not create a new exception, it simply followed precedent over 10 years old, say Kyle Kveton and John Fitzgibbons of Robie & Matthai APC.

  • Why The Supreme Court Decided To Hear King V. Burwell

    Jesse A. Witten

    For the U.S. Supreme Court to grant certiorari in King v. Burwell without an existing circuit split means the high court views the issue of subsidies offered under the Affordable Care Act to be of great national significance, despite not stating its reasons for granting review, says Jesse Witten of Drinker Biddle & Reath LLP.

  • ACA-Compliant 'Skinny Plans' Hold Promise For Employers

    Eric D. Fader

    By covering preventive services required by the Affordable Care Act but excluding pricier inpatient hospitalization and other benefits with so-called skinny plans, employers with large numbers of low-wage workers can offer their employees a low-cost, technically compliant health plan and avoid play-or-pay penalties, says Eric Fader of Day Pitney LLP.

  • How Trade Secrets Law Protects Contractor Proposal Info

    Douglas Proxmire

    The key for a government contractor suing a former employee for misappropriation of proposal information is demonstrating that its proposal constitutes a compilation of information within the context of the Uniform Trade Secrets Act's definition of — and the courts' interpretations of — trade secret, say Douglas Proxmire and Elizabeth Buehler of Venable LLP.