Employment

  • March 3, 2015

    Alabama Supreme Court Halts Same-Sex Marriage

    The Alabama Supreme Court on Tuesday ordered the state’s probate judges to stop issuing marriage licenses to same-sex couples despite a federal judge’s order to do so, ruling that the U.S. Constitution does not prevent it from administering state law.

  • March 3, 2015

    Atty Ordered Back To School For Harassing Deposition

    A Louisiana federal judge on Tuesday sanctioned an attorney for unprofessional and harassing conduct while deposing the CEO of Black Elk Energy LLC and ordered him to attend 10 hours of continuing legal education, saying fines have proven ineffective given previous sanctions for similar behavior.

  • March 3, 2015

    Kleiner VC Legend Doerr Testifies That Firm Isn't Sexist

    Venture capital legend and Kleiner Perkins Caufield & Byers LLC veteran John Doerr took the stand Tuesday in interim Reddit CEO Ellen Pao's trial accusing the firm of sex discrimination, testifying that an internal investigation found no signs of sexism or retaliation against women partners at Kleiner Perkins.

  • March 3, 2015

    Ex-CME Worker Dodges Prison Time For Trade Secrets Theft

    An ex-CME Group Inc. software engineer was sentenced Tuesday to four years probation for stealing the source code behind the company’s electronic trading platform and shopping it to a Chinese futures exchange, escaping the nearly five-year prison term sought by federal prosecutors.

  • March 3, 2015

    NJ Unions Vow To Sue Gov. Christie Again Over Pensions

    Fourteen unions representing New Jersey public-sector employees announced Tuesday that they intend to sue Gov. Chris Christie for the second time over his plan to cut contributions to government employees' pension funds, which he laid out in his state budget address on last week.

  • March 3, 2015

    Nelson Brown, Lewis Brisbois Can't End Atty-Laptop Suit

    Embattled insurance boutique Nelson Brown & Co. and Lewis Brisbois Bisgaard & Smith LLP have failed to make headway in a suit claiming former Nelson Brown attorneys took company laptops containing clients’ confidential information when they joined Lewis Brisbois.

  • March 3, 2015

    Publix Repudiates National Origin Discrimination Claims

    Publix Super Markets Inc. on Monday struck back in a Florida federal court at a former employee who claimed he wasn’t promoted and was subjected to slurs because of his national origin.

  • March 3, 2015

    Fight Over Trenton Sick Leave Law Set For Thursday Hearing

    Business groups will square off in court Thursday against Trenton, New Jersey, to potentially sideline an ordinance requiring paid sick leave, as a wave of local sick time laws continued Monday with Bloomfield becoming the state's ninth municipality to mandate such benefits.

  • March 3, 2015

    NY Appeals Court Rebuffs Ex-Dorsey Atty's Bid To Slip Ban

    A New York appeals court on Tuesday gave a former Dorsey & Whitney LLP partner a retroactive five-year suspension, slated to end in April, for her conduct representing Wolters Kluwer Financial Services Inc. in a federal trade secrets dispute, rejecting her bid for immediate reinstatement.

  • March 3, 2015

    JPMorgan Tries To Harpoon 'London Whale' ERISA Suit

    JPMorgan Chase & Co. on Tuesday urged a New York federal judge to dismiss an employee class action claiming their retirement plan tanked after the $6 billion “London Whale” fiasco, arguing that disclosing the allegedly risky trading earlier would have caused the stock to fall farther.

  • March 3, 2015

    KBR Fights New Bid For Rehearing Of Iraq FCA Suit

    KBR Inc. blasted a would-be whistleblower's attempts to revive a False Claims Act suit stemming from its work on a recreation center in Iraq, telling a D.C. federal court that she doomed her endeavor by rehashing old arguments.

  • March 3, 2015

    Ex-Workers Say Navy Shipbuilder Faked Employee Records

    A shipbuilder for the U.S. Navy is facing a False Claims Act suit from former employees accusing it of billing the government for higher salaries than it was paying, according to a complaint unsealed in Alabama federal court Monday.

  • March 3, 2015

    W.Va. Supreme Court Torpedoed Spoliation Tort, Dissent Says

    West Virginia's highest court on Monday upheld a lower court’s exoneration of a trucking company over claims it intentionally destroyed a tractor-trailer involved in a deadly collision, while a dissenting justice said the “mind-boggling” decision abolishes the spoliation-of-evidence tort and opens the door to “devious conduct.”

  • March 3, 2015

    Dow Unit Says Ex-Worker Didn't Prove Retaliation At Trial

    Dow Chemical Co. unit Rohm and Haas Co. on Tuesday asked a Pennsylvania federal judge to rule that the company did not intentionally retaliate against a former employee by undermining her independent research in response to complaints she filed with the U.S. Equal Employment Opportunity Commission.

  • March 3, 2015

    Fla. Senate Passes Bill Over Post-Retirement Judgeships

    A bill that would lift restrictions on post-judicial employment for retired Florida judges and allow them to return as senior judges more quickly passed out of the Florida Senate's Judiciary Committee on Tuesday, the first day of the legislative session.

  • March 3, 2015

    Players Ask Judge To Set Aside NFL Salary Cap Settlement

    The National Football League Players Association told a federal judge on Tuesday that a 2011 agreement barring it from bringing certain antitrust claims against the NFL was signed under false pretenses, and shouldn’t impede its collusion claim over an allegedly secret salary cap.

  • March 3, 2015

    NJ Secures $2.2M In Bias Settlements In 2014

    A $400,000 settlement with a mechanical contracting company that allegedly discriminated against female plumbers as part of public jobs was among about $2.2 million in payouts that New Jersey's Division of Civil Rights obtained last year on behalf of bias victims, the state said Tuesday.

  • March 3, 2015

    GOP Vows ACA Backup As High Court Arguments Loom

    Congressional Republicans are suddenly floating numerous ideas for overhauling or replacing the Affordable Care Act, a campaign timed to Wednesday’s oral arguments at the U.S. Supreme Court over the landmark law’s tax credits.

  • March 3, 2015

    LA Utility Fired Worker For Reporting Fraud, Suit Says

    A former claims representative at a Los Angeles water and electricity utility hit his former employer with a retaliation suit in California state court Monday, alleging he was fired because he reported widespread fraud and intentional overpayment in claims settlements.

  • March 3, 2015

    Wells Fargo Stole Trade Secrets In Broker Hire, Suit Says

    Wells Fargo is accused of benefiting from stolen trade secrets after hiring an executive from a competing Ohio insurance brokerage and allowing him to solicit customers and staff from his former employer, according to a lawsuit filed in Ohio federal court Monday.

Expert Analysis

  • Sizing Up The Specialty Healthcare Test For Employers

    Kenneth R. Dolin

    Affirmation of the Specialty Healthcare “overwhelming-community-of-interest” test by the Fourth Circuit in Nestle Dreyer’s Ice Cream Co. v. National Labor Relations Board will almost certainly lead to a proliferation of small bargaining units across all industries, but will likely have the greatest impact on manufacturing, public utilities and retail, says Kenneth Dolin of Seyfarth Shaw LLP.

  • Rebutting The 'But This Is Asbestos' Line In Pa.

    Michael L. Haslup

    The Superior Court of Pennsylvania's recent decision in Krauss v. Trane U.S. Inc. is significant in that it reaffirms that traditional legal principles apply to asbestos cases, notwithstanding the application of a unique “frequency, regularity, proximity” standard to motions for summary judgment, say Michael Haslup and Kevin Penhallegon of Miles & Stockbridge PC.

  • Something Stinks About EEOC's 'Onionhead' Enforcement

    Christina A. Stoneburner

    The U.S. Equal Employment Opportunity Commission's recent suit against United Health Programs of America Inc. after workers alleged they were forced to say "I love you" to co-workers due to management's belief in a religion called "Onionhead” raises interesting questions about what EEOC and employer communications are permissible to employees, says Christina Stoneburner of Fox Rothschild LLP.

  • Top 10 Reasons To Have An ERISA Litigator On Speed Dial

    Nancy G. Ross

    The U.S. Supreme Court’s heightened interest in the Employee Retirement Income Security Act, an increase in investigations from the U.S. Department of Labor and the dangerous ERISA fiduciary exception to attorney-client privilege are just some of the reasons why companies should have ERISA litigators on speed dial, say Nancy Ross and Brian Netter of Mayer Brown LLP.

  • 3 Takeaways From EEOC V. Abercrombie Oral Arguments

    Dawn R. Solowey

    The U.S. Supreme Court’s decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. is expected to focus on what level of knowledge an employer must have that an employee or job applicant’s religious practice may conflict with a job requirement — and from what source — before it has a duty to consider accommodation, say Dawn Solowey and Ariel Cudkowicz of Seyfarth Shaw LLP.

  • Marijuana Legalization Creates Risks For Gov't Contractors

    Lucas Hanback

    Washington, D.C., just became the most recent jurisdiction to legalize the recreational use of marijuana. But federal contractors — a huge percentage of the D.C. population — still face catastrophic penalties for violating laws that prohibit drug use by federal contractor employees, says Lucas Hanback of Rogers Joseph O’Donnell PC.

  • Oakland Pushes Ahead With Progressive Wage-And-Hour Laws

    Katherine S. Catlos

    Far from Gertrude Stein’s description of her former hometown — “there is no there there” — Oakland is poised to be a frontrunner in terms of progressive wage-and-hour protections in California. The transportation industry, hotels and restaurants will likely be the first to feel the impact, say Katherine Catlos and Gabriel Rubin of Kaufman Dolowich & Voluck LLP.

  • Key Employment And Immigration Issues Facing Banks Today

    James R. Wiley

    Many banks are facing class actions for not compensating nonexempt employees for compensable work. These lawsuits are costly and hard to defend. Meanwhile, foreign nationals create a potential new client base, but the issue is whether to offer services to undocumented individuals, say attorneys with Carlton Fields Jorden Burt LLP.

  • Unmasking Justice Roberts' Umpire Metaphor In ACA Fight

    Robert B. Hoffman

    What is so concerning about King v. Burwell is that an issue of statutory construction regarding the Affordable Care Act has become so politically driven — the fact that, in all likelihood, the split will hew closely to the U.S. Supreme Court’s liberal and conservative blocs on how to interpret a statute is a troubling sign of the times, says Robert Hoffman of Eckert Seamans Cherin & Mellott LLC.

  • 2nd Circ. Seems Skeptical Of DOL Intern Test

    Robert S. Whitman

    While it is premature to draw conclusions from oral argument in Glatt v. Fox Searchlight Pictures Inc. and Xuedan Wang v. Hearst Corp., the Second Circuit hinted that the U.S. Department of Labor's six-factor test for internship status is overly rigid and focused on the utility of an alternate test to determine whether an internship primarily benefits the intern or the employer, say Robert Whitman and Adam Smiley of Seyfarth Shaw LLP.