Employment

  • March 27, 2015

    Ex-JetBlue Pilot Wants $15M After In-Flight Meltown

    The former JetBlue Airways Corp. pilot whose in-flight meltdown diverted the Las Vegas-bound plane to Texas in early 2012 hit the airline with a nearly $15 million suit in New York federal court on Friday, alleging JetBlue missed early signs he had a medical problem.

  • March 27, 2015

    Drummond Hits Attys With RICO Suit Over Murder Claims

    Drummond Co. Inc. on Friday filed in Alabama federal court a Racketeer Influenced and Corrupt Organizations Act suit accusing plaintiffs’ attorneys of paying hundreds of thousands of dollars to criminals who testified that the company collaborated with Colombian paramilitary forces in the murders of hundreds of civilians.

  • March 27, 2015

    Ex-Digital Realty VP Wants Seyfarth Out Of Prejudice Suit

    A former Digital Realty Trust Inc. employee on Thursday urged a California federal judge to disqualify Seyfarth Shaw LLP from defending his former employer in his $1 million suit alleging he was fired for being gay, arguing the firm previously gave him advice pertaining to Digital Realty.

  • March 27, 2015

    2nd Circ. Says NY Health Law Not Preempted By ERISA, NLRA

    The Second Circuit on Friday affirmed a lower court ruling that said a section of the New York Public Health Law is not preempted by either the National Labor Relations Act or the Employee Retirement Income Security Act, finding plaintiffs’ arguments to be without merit.

  • March 27, 2015

    Wells Fargo Hits Rival's Trade Secrets Suit With Like Claims

    Wells Fargo Insurance Services USA Inc., sued over trade secrets an executive allegedly stole from former employer Hylant Group Inc., launched counterclaims Thursday that a former Wells Fargo employee now working at the rival insurance brokerage disclosed trade secrets and solicited customers and staff from Wells Fargo.

  • March 27, 2015

    Workers, Atty Groups Side With Worker In Carnival Injury Row

    A group of nearly 600 former cruise ship workers and two advocacy groups have filed amicus briefs in support of a U.S. Supreme Court petition by a former Carnival Cruise Corp. employee who was injured on the job, challenging the enforceability of an arbitration clause exempting the company from liability under the Jones Act.

  • March 27, 2015

    11th Circ. Told Cost-Splitting Sinks Seaman Arbitration Clause

    A former seaman for Celebration Cruise Operator Inc. presented the Eleventh Circuit with an issue of first impression Friday, arguing that an order compelling foreign arbitration of a worker injury dispute should be reversed because of a clause requiring him to share costs.

  • March 27, 2015

    High Court Asked To Rein In Calif. On Arbitration Agreements

    California is the “single biggest offender” when it comes to states circumventing U.S. Supreme Court precedent requiring worker arbitration pacts to be enforced as written, a trio of employer groups said Thursday, urging the high court to grant a petition for review from a Bridgestone Corp. unit. 

  • March 27, 2015

    Navistar Didn't Waive Arbitration In Benefit Row: 6th Circ.

    The Sixth Circuit on Thursday vacated and remanded a district court’s ruling that Navistar International Corp.'s conduct during an Employee Retirement Income Security Act fight invalidated the arbitration clause in an agreement with a benefit committee, saying its refusal to arbitrate doesn’t constitute a waiver of the clause.

  • March 27, 2015

    NY Cuts To Judges' Health Plan Ruled Unconstitutional

    A New York judge on Wednesday gave a win to other current and retired judges contesting the state’s plan to decrease contributions to the cost of state judges’ health insurance premiums, ruling the law violated constitutional protections for judges’ pay.

  • March 27, 2015

    NLRB, McDonald's Joint Employer Fight Could Change Game

    Hearings are set to kick off Monday in controversial joint employer cases where the National Labor Relations Board's general counsel is accusing McDonald's USA LLC and franchisees of anti-union activity, a step forward in a sweeping battle critics say could dramatically expand liability for franchisers and mark a sea change in how federal labor law is enforced.

  • March 27, 2015

    High Court Told To Kill Tyson Workers' $5.8M Don-Doff Award

    Tyson Foods Inc. wants the U.S. Supreme Court to overturn a $5.8 million judgment awarded to a class of employees in a compensation dispute over time spent putting on and taking off protective gear, according to a court filing made public Friday.

  • March 27, 2015

    Ex-USC Football Star Gets Coverage Row Sent To Calif.

    A New Jersey federal judge on Thursday transferred to California an Amtrust at Lloyd's Ltd. suit against a former University of Southern California football player who is seeking coverage for lost potential NFL earnings, saying the Golden State would be a more convenient venue.

  • March 27, 2015

    Pa. Court Affirms Bar On Malpractice Suits Over Settlements

    The Pennsylvania Superior Court on Friday ended a workers’ compensation client’s suit against Dashevsky Horwitz Kuhn & Novello PC, reaffirming a standard set in 1991 that clients cannot sue their attorneys for malpractice over settlement deals they willingly entered into.

  • March 27, 2015

    Marine Superintendents Not Exempt From FLSA, 5th Circ. Says

    The Fifth Circuit on Friday held that three marine superintendents at a petroleum shipping loss-control company were not subject to administrative exemption under the Fair Labor Standards Act, though their recoveries in the collective action were limited by the law's two-year statute of limitations for nonwillful violations.

  • March 27, 2015

    No $11M FICA Refund For Med Residents, Feds Tell High Court

    The federal government is urging the U.S. Supreme Court to deny the University of Texas' recent petition for an $11 million refund of Federal Insurance Contributions Act taxes assessed against its medical residents, saying it's clear that medical residents aren't students entitled to an exemption.

  • March 27, 2015

    Paramount Beats FCRA Suit Over Job Seeker Credit Checks

    Paramount Pictures Corp. escaped a putative class action when a California federal judge ruled it hadn’t violated the Fair Credit Reporting Act by getting credit reports on current and prospective employees without providing a separate release form, according to an order issued Thursday.

  • March 27, 2015

    Kleiner Perkins Beats Pao's $100M Gender-Bias Case

    A California jury cleared Kleiner Perkins Caufield & Byers LLC on Friday of discriminating against interim Reddit CEO Ellen Pao in her $100 million gender bias case, and found that the venture capital firm didn’t fire her because she sued over the allegations.

  • March 27, 2015

    Rader Fishman, Co-Founding Partner Settle Competing Suits

    Claims that Michigan-based Rader Fishman & Grauer PLLC co-founder Ralph Rader bilked nearly $2 million from the intellectual property boutique have been settled as of Friday, as have Rader’s claims that the firm owes him $1.6 million related to his exit after a stroke.

  • March 27, 2015

    Constangy Nabs 6 Employment Attys From Littler, Others

    Constangy Brooks Smith & Prophete LLP said Thursday it has strengthened its offices in Atlanta, New York, and Kansas City, Missouri, with the addition of six new employment attorneys hailing from Littler Mendelson PC, Baker Donelson Bearman Caldwell & Berkowitz PC and others.

Expert Analysis

  • Mixed Messages On The Impact Of Young V. UPS

    Neal D. Mollen

    While the U.S. Supreme Court's extension of the Pregnancy Discrimination Act in Young v. United Parcel Service Inc. may well have little impact on employer policies, for Title VII litigation, the high court's description of the shifting burdens of proof is problematic, say attorneys at Paul Hastings LLP.

  • Whistleblower Policies Could Create Contractual Rights

    Matthew S. Stiff

    After Leyden v. American Accreditation Healthcare Commission, employers might begin to reconsider their longtime affection for internal policies that profess a company’s commitment to protecting whistleblowers from retaliation, say Matthew Stiff and Debra Katz of Katz Marshall & Banks LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • NLRB Appears Poised To Overturn Brown University Ruling

    Daniel V. Johns

    The recent reversal of earlier dismissals of two union representation petitions from graduate students by the National Labor Relations Board has boosted unionization efforts by teaching and research assistants at private universities — the move could even pave the way for the NLRB to overturn its 2004 Brown University decision, say Daniel Johns and Emilia McKee Vassallo of Ballard Spahr LLP.

  • Determining ERISA Duties Post-Dudenhoeffer

    H. Douglas Hinson

    It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.

  • IRS Gives Good Directions On ACA Cadillac Tax

    Sarah L. Fowles

    An employer can use the Internal Revenue Services' recent notice on the Affordable Care Act's so-called Cadillac tax to approximate the cost of coverage for employees. Since the cost will likely vary by employee, employers may want to estimate costs under a range of coverage scenarios, say attorneys at Quarles & Brady LLP.

  • Top Tips For Data Breach Readiness And Response

    Elizabeth C. Rogers

    Until Congress agrees on uniform responsibilities and liabilities for data breaches, companies operating in the U.S. must traverse a patchwork of laws in 47 states and the District of Columbia. Still, firms can and should develop a written information security response plan and maintain relationships with breach response vendors, say Elizabeth Rogers and Alan Sutin of Greenberg Traurig LLP.

  • Can Employers Record Employee Phone Conversations?

    James M. McCabe

    Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • OSHA Final Rules On SOX Will Increase Retaliation Claims

    Kenneth W. Gage

    The U.S. Occupational Health and Safety Administration's final regulations on workplace retaliation claims brought by purported whistleblowers under the Sarbanes-Oxley Act continue to take an employee-friendly approach and employers should expect the number of such claims to continue rising, say attorneys at Paul Hastings LLP.