Employment

  • September 30, 2016

    Seyfarth Shaw's Ex-Client Wants $2M For Insurance Failure

    Seyfarth Shaw LLP has been smacked with a $2 million malpractice suit in Los Angeles court by Landmark Worldwide LLC, a self-help product developer and former client, claiming the firm failed to report an underlying employee discrimination suit to Landmark’s insurer, which allowed the firm to charge more for its services.

  • September 30, 2016

    Ariz. Co. Allowed Bias Against Gay Workers, EEOC Claims

    An Arizona catering company and several affiliated entities violated federal anti-discrimination laws by maintaining a hostile work environment toward several male cooks who are gay and by terminating them after they complained, the U.S. Equal Employment Opportunity Commission has alleged.

  • September 30, 2016

    AIG Tells 11th Circ. Imperial Sugar Blast Deals Were Fair

    American International Group struck back against an excess insurer’s contention that it mishandled settlements of worker lawsuits against Imperial Sugar Co. after a deadly refinery explosion, telling the Eleventh Circuit on Thursday the deals it reached were “undeniably reasonable” and a lower court’s decision finding likewise should be affirmed.

  • September 30, 2016

    MLB Gets Antitrust Claims Tossed In Scout Wage Suit

    A New York federal judge on Thursday dismissed federal and state antitrust claims brought against Major League Baseball by scouts over alleged wage suppression, saying they were prohibited by an antitrust exception that courts have applied to professional baseball.

  • September 30, 2016

    Top Alabama Justice Suspended Over Gay Marriage Order

    Alabama’s Roy S. Moore's judicial career ended Friday with a suspension for directing probate judges to defy federal orders on gay marriage that will carry him beyond a mandatory retirement age.

  • September 29, 2016

    OneUnited Bank Stays Clear Of Retaliation Suit In Calif.

    A California appeals court on Wednesday shut down a suit alleging OneUnited Bank fired an executive in its loan origination department, affirming a jury verdict and trial court rulings finding that the worker hadn’t shown she was fired for testifying in another employee’s wage dispute.

  • September 29, 2016

    Skeptics Say EEOC Pay Data Rule Too Broad To Achieve Goal

    The goal behind a new Equal Employment Opportunity Commission requirement that certain businesses disclose more information about worker compensation is laudable, attorneys say, but the job categories and pay bands used in the reports may be too broad to help the EEOC fight for equal pay.

  • September 29, 2016

    Gender-Neutral Bathroom Bill Signed By Calif. Governor

    California Gov. Jerry Brown on Thursday signed legislation requiring all single-occupancy restrooms in the state to be identified as “all gender” and be universally accessible, just days after the governor greenlit a bill limiting state employee travel to North Carolina due to its controversial transgender bathroom law.

  • September 29, 2016

    Judge OKs Derek Boogaard Kin's NHL Wrongful Death Suit

    An Illinois federal judge on Thursday brought back a wrongful death suit against the National Hockey League filed by relatives of deceased enforcer Derek Boogaard, finding new claims that the NHL promoted violence and implied that head trauma was not dangerous fall outside the league's collective bargaining agreement.

  • September 29, 2016

    Miss. Strip Club Failed To Address Racial Bias, EEOC Says

    The U.S. Equal Employment Opportunity Commission on Wednesday urged a Mississippi federal court to sanction a strip club that allegedly has not complied with the terms of an agreement meant to resolve claims that it racially discriminated against its black dancers.

  • September 29, 2016

    Calif. Governor Signs Off On New State-Run Retirement Plan

    California Gov. Jerry Brown signed into law on Thursday a plan to provide nearly 7 million residents access to a new retirement savings account that will be run by the state.

  • September 29, 2016

    Gaming Co. To Pay $500K SEC Fine For Firing Whistleblower

    A casino gaming company agreed to pay $500,000 to settle charges from the U.S. Securities and Exchange Commission of unlawful retaliation against one of its directors for flagging potential accounting distortions, according to the agency Thursday.

  • September 29, 2016

    EEOC Sues Medical Group For Firing Doctor On Pain Meds

    ApolloMD and Georgia Hospitalists Group were hit with an employment discrimination suit in Georgia federal court Wednesday by the U.S. Equal Employment Opportunity Commission, claiming the physicians services company and medical group violated the Americans with Disabilities Act by firing a doctor for taking narcotic medication prescribed for chronic pain.

  • September 29, 2016

    Final Sick Leave Rule Offers Little Relief For Contractors

    Despite some minor tweaks, the U.S. Department of Labor's final rule requiring federal contractors to provide paid sick leave to employees still imposes a significant burden on those companies, attorneys said, especially in combination with a slate of other recently introduced labor rules.

  • September 29, 2016

    4 Key Arguments As ACA Birth Control Battle Rages On

    The Obama administration has received nearly 55,000 comments as it seeks compromise in bitterly fought litigation surrounding the Affordable Care Act’s contraception mandate, but newly released letters from major players suggest that a meeting of the minds is still elusive. Here’s a look at four key arguments.

  • September 29, 2016

    10 States Push Judge To Block DOL Persuader Rule

    Ten states urged a Texas federal judge Wednesday to permanently block the U.S. Department of Labor from enforcing a new rule expanding employers’ disclosure requirements related to union-organizing campaigns and declare it unlawful.

  • September 29, 2016

    Firm's DQ Over Conflict Between Apple Pay Actions Upheld

    A California appeals court said Wednesday that a lower court properly disqualified law firm Hogue & Belong from representing former Apple employees bringing a putative class action over wage statements, saying likely having to cross-examine its own client from another wage-and-hour suit against the company created a conflict.

  • September 29, 2016

    Ex-ITT Tech Instructors Assert $20M Wage-And-Hour Claim

    A proposed wage-and-hour class action brought in California on behalf of adjunct instructors of ITT Tech is seeking authority to file a $20.2 million claim in the now-shuttered for-profit college’s bankruptcy case, according to court documents filed Thursday.

  • September 29, 2016

    Energy Logistics Firm Loses TRO Bid Against Former Exec

    Energy logistics company Maxum Petroleum Inc. lost its bid in Connecticut federal court Wednesday to secure a temporary restraining order that would prevent a former executive and the competitor he jumped to from soliciting business from Maxum customers or using confidential company information.

  • September 29, 2016

    Rainmaker Q&A: Hanson Bridgett's Dorothy Liu

    Always follow up and follow through with potential clients. Sometimes, it’s simply about timing — reaching out to someone at the right time. But it may take many, many tries before you connect with someone at exactly the right moment, says Dorothy Liu, a labor and employment partner at Hanson Bridgett LLP.

Expert Analysis

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.

  • McDonald's Class Cert. Bodes Bad News For Franchisors

    John Aaron Hughes

    In Ochoa v. McDonald's, a California federal court recently certified a class of current and former employees of a McDonald's franchisee to pursue wage, overtime and maintenance-of-uniform claims. Although that result in a vacuum would certainly be enough to cause a stir, it is the facts that the court deemed important to the certification analysis that have the industry paying particularly close attention, says John Aaron Hughes of DLA Piper.

  • The Meaning Of 'Affiliate' In Class Action Settlements

    Lewis R. Clayton

    The Second Circuit's decision last week in American International Group Securities Litigation creates a split in how courts define the term “affiliate” in class action securities settlements. Settling defendants should consider pressing for the elimination of the term completely, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Looking Ahead: Emerging Labor And Employment Law Trends

    Joel S. Barras

    With summer 2016 well behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. From the looming overtime regulations to equal pay legislation and class action waivers, Joel Barras and Mark Goldstein of Reed Smith LLP dissect several of the developing trends in this arena.

  • The Perils Of Parallel FCA Proceedings

    Tony Maida

    Parallel criminal and civil proceedings in False Claims Act cases raise important and troublesome issues for the defense, including protecting the defendant’s Fifth Amendment rights while mounting a robust defense in the civil case. But, as shown in recent decisions from the Eastern District of Kentucky and Southern District of New York, parallel proceedings may also prove challenging to the U.S. Department of Justice, say Tony Mai... (continued)

  • What Employers Should Know About New Ill. Noncompete Law

    James M. Witz

    Illinois' recently enacted Freedom to Work Act prohibits nongovernmental employers from entering into noncompete agreements with low-wage employees. The new law is part of a greater focus by state and federal governments on ensuring the mobility of low-wage workers and preventing potential abuse of noncompete agreements, say Jim Witz and Abiman Rajadurai at Littler Mendelson PC.

  • When Ambiguous Regs Preclude FCA Liability

    Taylor Chenery

    The Eighth Circuit’s opinion in U.S. v. Anesthesia Associates is the most recent in a line of cases suggesting that a provider faced with a potentially ambiguous regulation or statute can protect itself from potential False Claims Act liability by taking steps to ensure that its interpretation of the ambiguous provision is reasonable under the circumstances, says Taylor Chenery of Bass Berry & Sims PLC.

  • Wearable Device Data As Evidence In Employment Cases

    Karla Grossenbacher

    Wearable device data may be the next big thing in the world of evidence for employment cases. Given the nature of the information captured, it is easy to see how this type of data may be relevant to claims of disability discrimination, workers’ compensation and even harassment, say Karla Grossenbacher and Selyn Hong of Seyfarth Shaw LLP.

  • NLRB Grad Student Decision Extends Beyond Unionization

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    Following the National Labor Relations Board's recent ruling allowing teaching and research assistants to unionize, university administrators should take note of the board's aggressive agenda toward employers. Many employment practices that have heretofore seemed common and acceptable are now not in the eyes of the NLRB, says Amy Strauss of Fisher Phillips.

  • The Yates Memo And Parallel Products Liability Litigation

    Geoffrey M. Drake

    There has been little discussion of the potential impact of the Yates Memo on parallel civil litigation — particularly product liability and other types of mass tort litigation — or of the reactionary measures that companies and their executives and other employees may be taking in response, says Geoffrey Drake of King & Spalding LLP.