Employment

  • December 18, 2014

    NJ Assembly Seeks Fed. Aid For Displaced Casino Workers

    The New Jersey General Assembly on Thursday approved a resolution to lobby the federal government for a grant to assist former Atlantic City casino workers displaced by the closure of casinos, money that would be used to offer workforce education and training.

  • December 18, 2014

    Verdict Narrowed Against J-M In FCA Suit Over Shoddy Pipes

    A California federal judge Thursday limited the scope of a first-phase jury verdict finding pipe maker J-M Manufacturing Co. Inc. liable for damages in a whistleblower False Claims Act suit over substandard plastic pipe used in water and sewer systems, saying the verdict applies only to five exemplar plaintiffs.

  • December 18, 2014

    Sports Giant IMG Latest Hit With Unpaid Intern Suit In NY

    A former intern for sports marketing giant IMG Worldwide LLC on Thursday filed the latest in a series of putative class actions in New York court that accuse companies of not paying their interns minimum wage for work that doesn't qualify as education or training.

  • December 18, 2014

    US Extends Job Bias Protection To Transgender People

    The government can now bring claims against employers on behalf of workers who say they’ve been discriminated against because they are transgender, according to a memo released by the U.S. Department of Justice on Thursday.

  • December 18, 2014

    Sony Hit With 2 More Suits Over 'The Interview' Hack

    Sony Pictures Entertainment Inc. is facing two more putative class actions from employees whose personal information was leaked as part of a massive hack directed at the movie studio over its comedy “The Interview,” about a plot to kill North Korea's Kim Jong Un.

  • December 18, 2014

    Judge Snubs KBR's 'Old Args' On Privilege In Kickbacks Row

    A D.C. federal judge on Wednesday rejected Kellogg Brown & Root Services Inc.’s "old arguments" that attorney-client privilege protected its business-conduct documents from being compelled by a whistleblower alleging kickback activity in Iraq, but limited the whistleblower’s access to witness statements from KBR’s internal monitoring.

  • December 18, 2014

    NFL Dodges Players' Painkiller Class Action

    A California federal judge on Wednesday tossed ex-National Football League players' class action claiming that the league encouraged them to abuse painkillers, ruling that a collective bargaining agreement preempted the claims.

  • December 18, 2014

    Amid Union Fight, Icahn Pledges $20M To Save Taj Mahal

    Trump Entertainment Resorts Inc. senior creditor Carl Icahn said Thursday that he would put in $20 million of additional financing to keep the company’s only remaining casino operating, the same day the union representing Taj Mahal workers claimed he backed out of a more comprehensive deal to save it from closing.

  • December 18, 2014

    Military Solvent Contractor Can't Kick Whistleblower Suit

    An Alabama federal judge on Wednesday refused to toss a False Claims Act suit against Safety-Kleen Systems Inc. alleging the company grossly overbilled for cleaning solvents used by a military depot, saying a whistleblower had submitted strong enough evidence to allow the case to advance.

  • December 18, 2014

    Mount Sinai Says Whistleblowers Misused Patient Info

    Mount Sinai Hospital on Wednesday urged a New York federal judge to dismiss a whistleblower suit claiming the hospital fraudulently billed Medicare and the New York Medicaid program, arguing that the relators in the case took advantage of their positions at the hospital to improperly access patient records used in the suit.

  • December 18, 2014

    JC Penney Workers Win Class Cert. In Vacation Gripe

    A California federal judge on Wednesday certified a class of 64,500 JC Penney Corp. management associates and others accusing the department-store chain of depriving them of vacation benefits, ruling the class’s definition was sufficiently ascertainable and not overly broad.

  • December 18, 2014

    Mayo Settles Trade Secrets Suit With Former Exec

    Mayo Clinic LLC has settled for an undisclosed amount with a former top executive accused of defecting to competitor Quest Diagnostics Inc. with trade secrets, according to information obtained by Law360 on Thursday.

  • December 18, 2014

    NLRB Judge Finds Against Hillshire In Organizing Beef

    An administrative law judge for the National Labor Relations Board on Wednesday ruled that Hillshire Brands Co. broke federal labor law when management at a Texas plant called the police over handbilling on a public easement and threatened workers with termination if they joined a union.

  • December 18, 2014

    Philly Housing Agency Can't Nix Ex-Labor Atty's Firing Claim

    A Pennsylvania federal judge on Wednesday refused to rule in favor of the Philadelphia Housing Authority in a case brought by its ex-labor counsel who alleges he was wrongfully fired in 2011 based on false and defamatory statements made by former mayor and authority chairman John Street.

  • December 18, 2014

    Fainting Plaintiff-Grant Thornton Talks End In Impasse

    A two-hour settlement conference between Grant Thornton LLP and a former employee who has sued the firm over alleged ERISA violations and lobbed a sanctions motion against its counsel at Alston & Bird LLP for allegedly deposing her after she’d passed out ended in an impasse Wednesday, a magistrate judge who oversaw the conference said.

  • December 18, 2014

    Duane Morris Snags Fasken Atty To Helm London Labor Group

    International firm Duane Morris LLP has added a former Fasken Martineau DuMoulin LLP partner to lead its employment practice in London, part of an effort by the firm to strengthen its international capabilities.

  • December 18, 2014

    Medical Marijuana Use Kills EEOC's ADA Claim, Co. Says

    An assisted living facility accused by the U.S. Equal Employment Opportunity Commission of violating the American with Disabilities Act when it fired an administrator after learning she had epilepsy told a Michigan federal judge Wednesday that her use of medical marijuana precludes the ADA claim.

  • December 17, 2014

    $75M NCAA Concussion Settlement Rejected By Judge

    An Illinois federal judge on Wednesday rejected a $75 million settlement to resolve lawsuits brought by ex-NCAA athletes claiming they have suffered long-term damage from concussions, telling parties to resume negotiations because he has concerns about the fairness of the deal.

  • December 17, 2014

    2nd Circ. Says $5M Punitive Award For Racism Needs Cut

    The Second Circuit on Wednesday said a New York federal judge did not go far enough in cutting a $24 million punitive damages award against ArcelorMittal SA in a steelworker's racial discrimination case to $5 million, saying the reduced award was still excessive.

  • December 17, 2014

    Westlake Sues Contractors Over Allegedly Deadly Botched Job

    A Houston construction company breached a $400 million contract by botching a Louisiana chlor-alkali plant construction job that injured dozens and killed one worker, according to a complaint filed Tuesday by Westlake Chemical Corp.

Expert Analysis

  • IRS Guidance On Full-Time Status May Help Employers

    Ryan Gorman

    The Internal Revenue Service's recent guidance may be of particular relevance for employers with variable hour, seasonal and part-time employees that want to simplify, reconcile or consolidate differing measurement periods or methods for determining the full-time status of their workforce for purposes of the employer shared responsibility provisions of the Affordable Care Act, say Samuel Choy and Ryan Gorman of King & Spalding LLP.

  • SDNY Widens Split On Dodd-Frank Whistleblower Protection

    Michael Filoromo III

    The U.S. District Court for the Southern District of New York's decision in Berman v. Neo@Ogilvy LLC makes it the latest court to hold that Dodd-Frank only covers employees who report suspected violations of securities laws to the U.S. Securities and Exchange Commission — the ruling reflects a deepening split on the issue among federal courts, say David Marshall and Michael Filoromo III of Katz Marshall & Banks LLP.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Blankenship Case Shows Perils Of Post-Crisis Assurances

    Jeremy Peterson

    Attorneys and executives would do well to take note of the recent federal indictment of Massey Energy Co.'s former CEO, which shows that, in at least some circumstances, relatively general and open-ended corporate statements can be the basis for criminal charges, say attorneys at Arnold & Porter LLP.

  • A Year For Whistleblower Rewards And Protections

    Jason Zuckerman

    2014 has been a transformative year for the development of whistleblower law between whistleblowers obtaining record recoveries through the U.S. Securities and Exchange Commission's whistleblower rewards program, the U.S. Supreme Court's Lawson v. FMR ruling and the strengthening of protection provisions in the Sarbanes-Oxley Act, say Jason Zuckerman and Dallas Hammer of Zuckerman Law.

  • Essential Health Benefits Rules Will Still Burden States

    Caroline Brown

    Requiring state compliance with the Affordable Care Act's commercial essential health benefits rules recently issued by the Centers for Medicare & Medicaid Services has resulted in an unnecessarily complex benefit design process for certain commercial plans and Medicaid alternative benefit plans, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • EEOC Year In Review: Lots Of Action, Mixed Results

    Judith Langevin

    2014 has been a notable year for the U.S. Equal Employment Opportunity Commission given its historic litigation and increased scrutiny of background checks, however it has also faced harsh criticism from employer groups, discord among its commissioners and setbacks in court, say Judith Langevin and Kate Bischoff of Zelle Hofmann Voelbel & Mason LLP.

  • Top 10 Trade Secrets Developments Of 2014: Part 1

    Kerry Bundy

    Trends we saw in trade secret law this year — including the growing importance of specifically identifying trade secrets early in litigation and the continuing trend toward large damages awards and settlements in trade secrets cases — promise to shape developments in the years ahead, say attorneys with Faegre Baker Daniels LLP.

  • Dart Cherokee Rejects CAFA Anti-Removal Presumption

    John Beisner

    The U.S. Supreme Court's ruling in Dart Cherokee Basin Operating Company v. Owens resolved a lopsided split in the lower federal courts over the proper removal procedure under the Class Action Fairness Act — however, the high court’s closing remark that there is no anti-removal presumption in CAFA cases will likely be of even greater significance going forward, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • Mulling Over The Minimum Wage After The Midterms

    Robert Whitman

    In the wake of November’s midterm elections, four states will have higher minimum wages, which will join 13 others that enacted higher minimum wages earlier this year, and further complicating the issue is that some states have tied their minimum wage increases to inflation, say Robert Whitman and Nadia Bandukda of Seyfarth Shaw LLP.