Employment

  • August 29, 2014

    The 5 Most Fearsome EEOC Regional Offices

    Employers should beware of aggressive U.S. Equal Employment Opportunity Commission regional offices that are leading the agency's efforts to limit the use of criminal background checks, eradicate pregnancy discrimination and tackle other issues, attorneys say. Here's a look at five EEOC district offices on the leading edge of enforcement efforts.

  • August 29, 2014

    EEOC Says Ga. Farm Gave Short Shrift To American Workers

    The U.S. Equal Employment Opportunity Commission on Thursday sued a Georgia farm in federal court, alleging the company had a widespread practice of favoring foreign-born workers over white and African American workers born in the U.S.

  • August 29, 2014

    SEC Awards First Whistleblower Award To Compliance Pro

    The U.S. Securities and Exchange Commission on Friday said it has granted its first whistleblower award to a compliance and audit professional when it agreed to pay $300,000 to an employee of an unnamed company who brought the agency information that led to an enforcement action.

  • August 28, 2014

    Domino's Case Shields Franchise Parents, Boosts Industry

    The California Supreme Court’s decision Thursday clearing Domino’s Pizza from a sex harassment case by a franchisee’s ex-worker strengthens the popular franchise business model, in which the franchisor imposes a uniform marketing plan while the franchisee handles the day-to-day operations, by making it tougher for franchisee workers to go after corporate parents in employment disputes, experts say.

  • August 28, 2014

    Winners In 10th Circ. Marriage Ruling Seek High Court Review

    The couples who won a Tenth Circuit decision striking down Utah’s law against same-sex marriage joined their legal foes in asking the U.S. Supreme Court to review the decision in an unusual move intended to prompt the high court to make the decision apply nationally.

  • August 28, 2014

    Uber Tells Judge To Put Brakes On Drivers' Tips Fight

    Uber Technologies Inc. urged a California federal judge on Thursday to end drivers' proposed contract class action accusing the car service company of tricking passengers into paying a 20 percent tip that isn't fully paid to drivers, arguing there's no evidence the drivers relied on any of Uber's alleged misrepresentations.

  • August 28, 2014

    EEOC Pregnancy Light-Duty View Points Way For Calif. Suits

    While the U.S. Equal Employment Opportunity Commission’s recent pregnancy discrimination guidance is likely to have more influence on states that lack pregnancy rules as comprehensive as those in California, the guidelines could spur Golden State cases by workers looking to champion the idea that employers already offering light-duty positions make them available to pregnant workers.

  • August 28, 2014

    Judge Slams EEOC For Trumpeting Farmworker Bias Suit Deals

    A Hawaii federal judge who criticized the U.S. Equal Employment Opportunity Commission for improperly submitting settlements meant to resolve national origin bias claims against four Hawaiian farms has given the agency until Friday to hold a press conference clarifying that the deals aren't finalized.

  • August 28, 2014

    IRS Delivers Guidance, Forms For ACA Employer Mandate

    The Internal Revenue Service on Thursday released draft forms and guidance instructing employers on how to comply with reporting requirements arising from the Affordable Care Act’s employer mandate.

  • August 28, 2014

    Fla. Judge Who Took Bench Drunk Fights Removal Bid

    A Florida state judge who has been suspended without pay pending the outcome of an inquiry over allegations of drunk driving and taking the bench while intoxicated urged the Florida Judicial Qualifications Commission on Wednesday not to remove her from the bench. 

  • August 28, 2014

    3rd Circ. Says UAW Can't Recoup Visteon Retiree Benefits

    The Third Circuit on Thursday affirmed a district court’s ruling that Visteon Corp. retirees formerly belonging to the United Auto Workers were not entitled to a reinstatement of health care benefits, saying the union made the “calculated choice” to not appeal a bankruptcy court order allowing the company to terminate the benefits.

  • August 28, 2014

    10-Day Termination Triggered Time On Noncompete: Ind. Court

    An Indiana appeals court ruled Thursday that an in-home health care company couldn’t hold a former employee to a two-year noncompete agreement after he was fired for 10 days in 2009, finding the clock had started ticking on the contract even though he was rehired. 

  • August 28, 2014

    NYC Kicks $42M To School Bus Drivers

    New York City Mayor Bill de Blasio on Thursday signed legislation that grants up to $42 million to school bus drivers, represented by Local 1181 of the Amalgamated Transit Union, whose employers signed contracts under the previous mayor that did not guarantee protections including job security.

  • August 28, 2014

    Calif. High Court Rejects Rite Aid's Appeal Of Seating Class

    The California Supreme Court on Wednesday declined to hear an appeal from Rite Aid Corp. seeking to decertify a class of cashiers who allege the retailer had denied them suitable seating during their work shifts.

  • August 28, 2014

    Calif. High Court Clears Domino's In Harassment At Franchise

    The owner of a California Domino’s Pizza franchise was the sole employer responsible for handling a sexual harassment complaint in his store, the California Supreme Court ruled on Thursday in a decision that shifted liability away from the pizza chain’s corporate headquarters.

  • August 28, 2014

    Calif. High Court Should Back Workers In Seating Row: AARP

    AARP urged the California Supreme Court to back former employees in seating suits against CVS Pharmacy Inc. and JPMorgan Chase Bank NA, saying in an amicus filing submitted Wednesday that the court should accept the workers' proposed interpretation of California's suitable-seating requirement.

  • August 28, 2014

    Tesco Bid For Rig Accident Coverage Revived In Texas Court

    A Texas appeals court ruled on Thursday that Texas law applies in a suit brought by oilfield services provider Tesco Corp. against insurer Steadfast Insurance Co. after Steadfast refused to cover a $1.5 million punitive damages verdict over a Colorado drilling rig accident, reversing the insurer's summary judgment win. 

  • August 28, 2014

    CarMax Loses Bid To Block Workers' PAGA Action

    A California federal judge on Wednesday refused to bar plaintiffs in a federal putative wage action against CarMax Auto Superstores California LLC from pursuing a separate but similar state court suit against the retailer, saying the filing of the state action doesn’t mean the plaintiffs are attempting to dodge an arbitration order.

  • August 28, 2014

    DOL Take On SOX Getting Fed. Court Deference, Lawyers Say

    Employers will have a tougher time getting Sarbanes-Oxley Act whistleblower claims thrown out because of a string of federal court rulings — including one involving Fannie Mae — that have deferred to the U.S. Department of Labor's worker-friendly Sylvester v. Parexel ruling from 2011, lawyers say.

  • August 28, 2014

    NYC Fire Inspector With Asperger's Loses ADA Appeal

    The Second Circuit on Thursday cleared the New York Fire Department of allegations it discriminated against a former employee with Asperger's Syndrome, saying the worker was fired for legitimate business reasons after a string of misconduct, not because of his disability.

Expert Analysis

  • Lessons On Corporate Values From Hobby Lobby

    John P. Vail

    Reports of the demise of corporate social responsibility may be greatly exaggerated. Those considering the U.S. Supreme Court ruling in the Hobby Lobby case would be wise to focus on the decision makers, not just the decision itself, says John Vail of Quarles & Brady LLP.

  • Contention Over EEOC Conciliation Continues

    Gerald L. Maatman

    U.S. Equal Employment Opportunity Commission v. New Prime Inc. demonstrates that the U.S. Supreme Court's eventual ruling in Mach Mining will be a game changer for employers since the EEOC's current position basically claims that courts should simply take the commission's word when its claimed to have negotiated in good faith, say Gerald Maatman Jr. and Howard Wexler of Seyfarth Shaw LLP.

  • 4th Circ. RJR Pension Case Could Change ERISA Landscape

    Myron D. Rumeld

    If the Fourth Circuit's reasoning in Tatum v. RJR Pension Investment Committee is adopted elsewhere the case could substantially impact the future conduct of fiduciary breach litigation as well as plan practices in administering stock funds, say Myron Rumeld and Russell Hirschhorn of Proskauer Rose LLP.

  • Big Data's Potential Disparate Impact Problem

    David J. Walton

    While big data can help eliminate individual biases in an employer's hiring process, the potential for disparate impact litigation arising from data analytics is real and imminent — even a program that is neutral on its face could result in disparate impact on protected classes, says David Walton of Cozen O'Connor PC.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • Inside 2nd Circ. Ruling On Overseas Whistleblower

    Mary Beth Hogan

    For companies with global operations, the Second Circuit's recent decision in Liu v. Siemens AG should provide at least some level of comfort that allegations by foreign employees regarding conduct exclusively outside the United States are outside the reach of Dodd-Frank’s anti-retaliation provision, say attorneys with Debevoise & Plimpton LLP.

  • NY Court Cuts Back On Runner Doctrine

    David M. Cost

    While New York plaintiff attorneys will likely continue to fit cases where a plaintiff does not fall or no object falls on him under Labor Law Section 240(1), Diaz v. Globalfoundries U.S. Inc. may serve as a basis to move for summary judgment in the event the evidence shows that an object neither fell nor was on a descent when injury occurred, says David Cost of Hiscock & Barclay LLP.

  • 6th Circ. Reminds Employers Of Collective Action Danger

    Chuck Mataya

    The Sixth Circuit's ruling in Killion v. KeHe Distributors should remind employers that they accept a risk — which is compounded by the threat of a collective action — whenever they treat an employee as exempt under the Fair Labor Standards Act, says Chuck Mataya of Bradley Arant Boult Cummings LLP.

  • Free And Clear Of Successor Liability Claims

    Christopher Hopkins

    The Delaware bankruptcy court’s holding in the case of Ormet Corp. that the express provisions of Section 363(f) are not trumped by the policy considerations embodied in the Employee Retirement Income Security Act and the Multiemployer Pension Plan Amendments Act should give comfort to debtors and purchasers of assets in a free-and-clear sale, says Christopher Hopkins of Weil Gotshal & Manges LLP.

  • 8th Circ. Provides Guidance On FCA Public Disclosure Bar

    Joe Dosch

    The Eighth Circuit recently affirmed the dismissal of a qui tam False Claims Act suit in Paulos v. Stryker Corp. and in doing so offered helpful guidance regarding the proper application of the public disclosure bar, while highlighting an open issue regarding public disclosure, say Scott Stein and Joe Dosch of Sidley Austin LLP.