Employment

  • July 1, 2015

    Ex-Aide To Wis. Gov. Walker Sues Over Civil Rights Violations

    A former aide to Gov. Scott Walker announced Wednesday that she has filed a suit in Wisconsin state court accusing state prosecutors of violating her civil rights in a "continuous campaign of intimidation and harassment" centered around a secret investigation of her role in drafting controversial legislation.

  • July 1, 2015

    Ex-Daspit Atty Hits Back In Suit Over 'Stolen' Clients

    A former attorney of Houston personal injury firm Daspit Law Firm PLLC on Monday said the firm misrepresented his experience in a lawsuit accusing him of stealing client lists and other proprietary information in an attempt to siphon away business and start his own firm, in what he called an attempt to squash a would-be competitor.

  • July 1, 2015

    Ex-Sony Employees Seek Class Cert. In 'Interview' Row

    Former Sony Pictures Entertainment Inc. employees sought class certification Tuesday in their California federal suit claiming its negligence caused a massive data breach, purportedly carried out by North Korean hackers in retaliation for a movie in which Kim Jong Un is assassinated.

  • July 1, 2015

    Insurers' Suit Over Rival Claims To $6M Coverage Stays Alive

    An Illinois federal judge refused Tuesday to dismiss a suit filed by insurers attempting to hash out competing claims for coverage of a man’s personal injury judgment, and he stayed the case while state courts resolve appeals stemming from the $22 million jury verdict.

  • July 1, 2015

    DirecTV Escapes Technicians' Suit Over Contractor Status

    DirecTV dodged two consolidated lawsuits from former technicians claiming they were wrongly classified as independent contractors, when a federal judge found Tuesday that their relationship with the company did not establish it as a joint employer under the Fair Labor Standards Act.

  • July 1, 2015

    EEOC Designates New Chiefs For Chicago, SF Districts

    The U.S. Equal Employment Opportunity Commission has tapped two longtime agency attorneys to take charge of the agency's district offices in Chicago and San Francisco, EEOC chair Jenny R. Yang has announced. 

  • July 1, 2015

    The Biggest Employment Cases Of 2015: Midyear Report

    With 2015 halfway done, the employment litigation landscape has already seen several big decisions in the appellate courts, from a Second Circuit ruling on the limits of class certification to the Colorado Supreme Court’s decision about firing a worker who used medical marijuana. Here, Law360 takes a look back at the key 2015 decisions employment attorneys need to know.

  • July 1, 2015

    Texas Clerk Flips Decision To Deny Gay Marriage Licenses

    One Texas clerk who originally declined to provide same-sex marriage licenses, with approval from the state attorney general, said Tuesday her office will comply with federal law.

  • July 1, 2015

    NLRB Has Authority Over Mich. Tribal Casino, 6th Circ. Says

    The Sixth Circuit on Wednesday upheld a National Labor Relations Board decision faulting the Saginaw Chippewa Indian Tribe for suppressing union activities at its Michigan casino, saying reluctantly that the board has jurisdiction over the casino’s employment practices.

  • July 1, 2015

    Judge Blasts Home Depot Attys' 'Dishonest' Dismissal Bid

    Attorneys for Home Depot USA Inc. crossed the line from zealous advocacy to dishonesty when they argued that a proposed class action accusing the retailer of improperly conducting employee background checks failed to allege a willful violation of the Fair Credit Reporting Act, a California federal judge said Tuesday.

  • July 1, 2015

    SEC Proposes Stiff New Exec Pay Clawback Measures

    A divided U.S. Securities and Exchange Commission on Wednesday proposed stiff new requirements that would require publicly traded companies to claw back some bonuses and other incentive-based pay from executives in the event of an accounting restatement, regardless of whether they were at fault.

  • June 30, 2015

    Final OT Rule May Go Beyond Salary Hike, Lawyers Say

    The U.S. Department of Labor's newly proposed rule to expand overtime pay protections won plaudits from worker advocates, but some management-side lawyers warned that the final version could contain changes to the duties tests for overtime eligibility that weren't pitched when the proposal was unveiled Tuesday.

  • June 30, 2015

    Citing Tibble, 11th Circ. Revives SunTrust ERISA Suit

    The Eleventh Circuit on Tuesday revived two putative class actions accusing SunTrust Banks Inc. of unfairly compromising its employees' retirement plans by allegedly selecting poorly performing mutual funds managed by its own affiliates in light of the U.S. Supreme Court's recent Tibble ruling.

  • June 30, 2015

    Fort Dix Contractors Sentenced In Bribery, Extortion Case

    Two Pennsylvania construction company officials were sentenced Tuesday on federal charges concerning employee extortion in connection with a project at the New Jersey military base formerly known as Fort Dix as well as a bribery scheme to secure federally subsidized construction work, U.S. Attorney Paul J. Fishman said.

  • June 30, 2015

    Tech Cos. Agree To Pay $75.5M To Settle FCA Claims

    Two technology companies will pay $75.5 million to resolve allegations they violated the False Claims Act by charging the government more for software and related products than what private customers paid, the U.S. Department of Justice said Tuesday.

  • June 30, 2015

    H-2B Worker Class Settles Wage Suit With Carnival Co.

    A New Hampshire-based carnival company accused of underpaying employees and forcing them to pay expenses related to H-2B visas has reached a $900,000 settlement with the workers, according to court documents filed in Massachusetts federal court on Tuesday.

  • June 30, 2015

    Pa. House OKs Pension Reform Bill Promising $10B Savings

    A Republican-led effort to overhaul public employee pensions cleared the Pennsylvania state House on Tuesday, with backers claiming the bill is key to dealing with a $53 billion shortfall and opponents questioning the reality of savings and the constitutionality of the measure.

  • June 30, 2015

    US Demands Up To $3.35B From Novartis In FCA Suit

    The government is seeking up to $3.35 billion in a False Claims Act suit accusing Novartis Pharmaceutical Corp. of paying illegal kickbacks to pharmacies to recommend iron-reduction drug Exjade and transplant drug Myfortic, according to filings in New York federal court.

  • June 30, 2015

    $1B Uber Trade Secret Row Should Be Remanded, Court Told

    A California federal judge was urged Monday to remand a $1 billion suit accusing Uber Technologies Inc. of stealing technology to create the popular service, with the owner of Celluride Wireless Inc. saying it is a straightforward state law contract and trade secrets suit.

  • June 30, 2015

    Benihana's Haru Accused Of Bias Against Hispanic Workers

    A Hispanic worker for the Benihana Inc.-owned Haru restaurant chain filed a putative class action against the company Monday in New York federal court, claiming it discriminates against its Hispanic employees, mostly bussers and runners, by denying them promotions and creating a “racially charged and hostile workplace.”

Expert Analysis

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • Weigh TMs Before Reacting To NLRB McDonald’s Complaints

    Allyson Fair

    Until a resolution is reached in the National Labor Relations Board's McDonald’s USA LLC case, companies and employment lawyers focusing on how to frame the franchisor/franchisee relationship should keep in mind that trademark issues are intertwined with the joint liability question, says Allyson Fair of Sideman & Bancroft LLP.

  • Grooming Lessons For Biotech From Abercrombie & Fitch

    Jennifer A. Kearns

    The recent U.S. Supreme Court decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. poses unique questions for many nonretail industries — especially biotech companies — which may require applicants to meet certain clinical or safety standards, says Jennifer Kearns at Duane Morris LLP.

  • NJ Has The Backs Of Chiropractors In Class Action

    James J. Ferrelli

    The recent granting of class certification by the District of New Jersey to participating and nonparticipating chiropractors in DeMaria v. Horizon Healthcare Inc. offers a blueprint to class action certification for health care providers seeking to challenge health insurer policies that may systematically deny or reduce benefits paid, says James Ferrelli of Duane Morris LLP.

  • ASBCA Opens Door To New Approach To Collective Bargaining

    Nichole Atallah

    When negotiating a collective bargaining agreement, government contractors are often restrained by their contractual obligations to the government customer. A recent Armed Services Board of Contract Appeals decision provides contractors with an additional tool to use in formulating proposals during the negotiating process, says Nichole Atallah of PilieroMazza PLLC.

  • 7th Circ.'s Sneak Attack On The Joint Employer Standard

    Douglas Darch

    While the National Labor Relations Board has been talking about joint employer status, the Seventh Circuit has been doing. In the Title VII case Love v. J.P. Cullen & Sons, the court addressed its five-factor test for determining whether a company is a joint employer, a test which in some ways resembles the expansive view advocated by the NLRB's general counsel, says Douglas Darch of Baker & McKenzie LLP.

  • OSHA Engineering Guidelines Will Hit Energy Industry Hard

    Greg C. Dillard

    The U.S. Occupational Safety and Health Administration's enforcement memo on recognized and generally accepted good engineering practices will impact every oil refinery and nearly every gas plant and chemical plant by increasing the cost of operations, maintenance and equipment upgrades, say Greg Dillard and Scott Elliott of Katten Muchin Rosenman LLP.

  • Duke, UNC And Nonpoaching Agreements — What Not To Do

    Stephen Murphy

    If the consequences of poaching are as severe as Duke University and the University of North Carolina likely perceived when they agreed to forgo hiring each other’s medical facility faculty and staff, was there another way to deal with the problem without being exposed to antitrust liability? A little-known aspect of the 2011 Adobe final judgment offers hope for a more productive and less risky solution, say Stephen Murphy and Dary... (continued)

  • Examining Worker Classification In The Shared Economy

    Spencer Hamer

    Under the prevailing logic regarding worker classification in Uber Technologies Inc. v. Berwick, virtually every shared economy worker could be deemed an employee overnight. In addition, shared economy employers face an ongoing dilemma in balancing tort liability against wage-and-hour liability — the more control they relinquish, the less they know about who their workers are and how they perform, says Spencer Hamer of Michelman & Robinson LLP.

  • Could FEHA Litigation In Calif. Be On The Road To Change?

    Regina Silva

    The California Supreme Court's ruling in Williams v. Chino Valley Independent Fire District may have a significant impact on Fair Employment and Housing Act litigation in the state as such defendants will now be held to a higher standard when trying to recover ordinary costs in a case, says Regina Silva, a senior counsel with Tyson & Mendes and former California prosecutor.