Employment

  • May 27, 2016

    Google-Backed Startup Says Execs Stole Secrets For New Biz

    A virtual reality startup that has received backing from Google, Qualcomm and Warner Bros. has sued two of its former top executives in California federal court, saying the pair stole trade secrets and plotted to start a rival company.

  • May 27, 2016

    7th Circ. Allows Kmart FCA Suit Over Medicare Payments

    The Seventh Circuit on Friday declined Kmart’s bid to overturn a lower court decision and toss a False Claims Act suit alleging the retailer overcharged government contractors when submitting Medicare prescription reimbursement requests, saying the claims satisfy the FCA’s materiality requirements.

  • May 27, 2016

    Wellness Program Doesn't Violate ADA, 7th Circ. Told

    A Wisconsin plastics maker told the Seventh Circuit on Thursday that its policy of making employees take medical tests before enrolling in the company's health insurance plan does not violate the Americans with Disabilities Act, asking the court to uphold its win against the Equal Employment Opportunity Commission.

  • May 27, 2016

    DOJ To Appeal Epic Loss In AseraCare FCA Case

    The U.S. Department of Justice on Friday said it will appeal its stunning defeat in a False Claims Act case against hospice chain AseraCare Inc., setting the stage for more drama and a precedent-setting battle at the Eleventh Circuit.

  • May 27, 2016

    Uber, Drivers Fire Back At Mounting Settlement Objections

    Uber and drivers in a pair of high-profile California class actions fired back at a growing number of objectors to the pending $100 million settlement Friday that would end claims that the ride-hailing giant misclassified drivers as independent contractors, maintaining the settlement is on solid legal ground.

  • May 27, 2016

    Copter Parts Case Should Stay Grounded, High Court Told

    Woodward Inc. is urging the U.S. Supreme Court not to take on two whistleblowers' appeal of a Seventh Circuit decision nixing their False Claims Act suit, which alleged the company sold unsafe helicopter parts to the military.

  • May 27, 2016

    Feds Strike Deal With Texas City Over Cop-Hiring Tests

    A northwest Texas city has agreed to resolve U.S. Department of Justice claims that its hiring practices for probationary police officers discriminated against female and Hispanic applicants, according to a proposed deal unveiled by the parties Thursday.

  • May 27, 2016

    Ole Miss Admits Breaking NCAA Rules, Imposes Penalties

    The University of Mississippi said Friday it accepted responsibility for serious NCAA infractions that included recruiting violations, furnishing "impermissible benefits" and awarding fraudulent academic credit to student-athletes.

  • May 27, 2016

    7th Circ. Tees Up Class Waiver Battle For Supreme Court

    The Seventh Circuit ruled Thursday that arbitration agreements containing class waivers are illegal, adopting the position of the National Labor Relations Board and creating a split with the Fifth Circuit that leaves the issue on the U.S. Supreme Court's doorstep. Here, Law360 takes a look at the winding legal road the hot-button issue has taken to land it a stone's throw away from the high court.

  • May 27, 2016

    Senate Urges Equal Pay For US Women's Soccer Team

    The Senate handed the three-time World Cup-winning U.S. women’s national soccer team a symbolic victory Thursday, passing a resolution that pressures the team’s governing body to close the wage gap and pay the women equally to their male counterparts.

  • May 27, 2016

    Verizon, Unions Agree To Tentative Deal To End Strike

    Verizon Communications Inc. union members who have been on strike the last 45 days over a nine-month-long contract dispute have reached a deal in principle with the company for a four-year contract, U.S. Labor Secretary Thomas Perez announced on Friday.

  • May 27, 2016

    Justices Divided: 3 Cases That May Tie Up The High Court

    With rulings still pending on contentious issues from abortion to immigration, the last few weeks of the Supreme Court’s term promise to pack a punch, as the divided bench works to resolve its toughest cases with only eight justices. Here are three cases to watch as the Supreme Court closes the book on this term.

  • May 27, 2016

    Atty Banned From SoulCycle Loses Retaliation Appeal

    A New York employment attorney can’t take action against fitness chain SoulCycle for banning him from its classes after he represented a former instructor in a lost-wages suit, a New York state appeals court said Thursday.

  • May 27, 2016

    8th Circ. Restores Ex-Lab Worker's Pregnancy Bias Claims

    The Eighth Circuit on Thursday again revived pregnancy and sex discrimination claims brought by a former lab technician against a Minnesota hospital network, finding the district court failed to properly weigh a comment from her manager as direct evidence of discrimination.

  • May 27, 2016

    7th Circ. Won't Rehear Court Employee's Discrimination Suit

    The Seventh Circuit denied a former Illinois courthouse employee’s request for an en banc hearing in her case against her county employer Thursday, maintaining its earlier ruling that she couldn’t prove she faced racial discrimination or that the county ignored her anxiety-related disability.

  • May 27, 2016

    Uber Hit With NJ Misclassification Class Action

    Uber has been hit with yet another suit accusing it of violating its drivers’ rights, with the company on Friday removing to New Jersey federal court a putative class action alleging Uber illegally forces its drivers to pay for tolls, gas and phone bills through improper classification.

  • May 27, 2016

    Goodwin Snags Compensation Pro From Skadden

    Goodwin Procter LLP has bolstered its Silicon Valley employment practice with a former Skadden Arps Slate Meagher & Flom LLP attorney with experience advising companies on compensation and tax compliance matters in life sciences, technology, private equity and real estate, the firm said.

  • May 27, 2016

    5 Ways Employers Should Prep For The New OT Expansion

    As the dust settles on the U.S. Department of Labor's overtime exemption rule finalized last week, employers are beginning the daunting task of figuring out how to comply with the rule. Here, attorneys offer practical advice on how to best adjust to the sweeping changes before the rules take effect.

  • May 27, 2016

    Obermayer Wants Ex-Associate's Bonus Bilking Suit Arbitrated

    Obermayer Rebmann Maxwell & Hippel LLP argued Wednesday that an ex-associate was attempting to skirt arbitration by massively overstating the value of his claim in Pennsylvania state court that firm partners robbed subordinates of potential bonuses by improperly taking credit for their work.

  • May 27, 2016

    Absent Employee's ADA Claim Doesn't Pass Muster: 5th Circ.

    The Fifth Circuit has upheld a win in favor of a Texas-based energy equipment repair shop over claims that the company violated the Americans with Disability Act by firing a sick employee, with the appellate court saying it was believable that the company fired him for not showing up for work.

Expert Analysis

  • Particularity And Preemption Trends In Trade Secret Cases

    Cass W. Christenson

    In trade secrets cases, hotly contested issues often arise concerning whether the plaintiff has alleged its trade secrets claim with sufficient specificity, and whether any related claims are preempted under an applicable state Uniform Trade Secrets Act. These disputes can profoundly impact case strategy, says Cass Christenson of Dentons US LLP.

  • 4 Employer Lessons From Perez V. Lear Corp.

    Punam Kaji

    The ongoing litigation between the secretary of labor and Lear Corp. has created an interesting playbook for employers dealing with occupational safety and health whistleblower claims, say Punam Kaji, Matthew Deffebach and Abby Kotun at Haynes and Boone LLP.

  • Airline Pilots Highlight Employer Pregnancy Obligations

    Carrie B. Hoffman

    Although discrimination charges involving pregnancy and breastfeeding filed by four female pilots against Frontier Airlines are unique to the airline industry, the overarching issue in the case is not. The allegations make it clear that it's vital for employers to recognize and respond to their ever-growing obligations to provide accommodations to their employees during and after pregnancy, says Carrie Hoffman at Gardere Wynne Sewell LLP.

  • Rating Trump’s High Court Nominees In Employment Cases

    Michael H. LeRoy

    Donald Trump has betrayed his lack of commitment to, and understanding of, the judiciary with his potential U.S. Supreme Court nominees. It’s easy to see why conservatives would support Trump's picks, but it appears they have little or nothing in common with their political patron, a bombastic loudmouth who defies ideological classification, says Michael LeRoy, a professor of law at the University of Illinois at Urbana-Champaign.

  • How To Prepare Your Employees For Litigation Discovery

    Charles N. McGee III

    The discovery process can be stressful and nerve-wracking for a company’s employees. Their reactions can vary tremendously and the effects are often overlooked by general counsels. Keeping your employees informed and educated prior to and during a collection or preservation hold can help to minimize disruption, maintain productivity and help discovery budgets stay in line with projections, say attorneys at Murphy & McGonigle PC.

  • What To Know About The DOL's New Overtime Regulations

    Libby Henninger

    After the 2015 release of its proposed changes to the overtime exemption regulations, many believed the U.S. Department of Labor would take the opportunity to amend the Fair Labor Standards Act’s qualitative duties standards to more closely resemble California’s model. However, for many employers the new rule appears as a compromise against what many in the industry feared would be a much broader reworking of the regulations, say a... (continued)

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • Green V. Brennan: A Practical Take On Forced Resignations

    R. Scott Oswald

    The U.S. Supreme Court's decision in Green v. Brennan doesn’t resolve matters for plaintiff Marvin Green. But it puts paid to some perverse legal possibilities and its biggest effect will be to preclude some of the worst interpretations of Title VII — and to assure employees facing discrimination that the Supreme Court is sympathetic to their plight, says R. Scott Oswald at The Employment Law Group.

  • Defend Trade Secrets Act: How To Inform Employees

    Jeff Barnes

    The Defend Trade Secrets Act offers many benefits to businesses, including federal question jurisdiction for trade secrets and the ability to recover compensatory damages, punitive damages and attorneys’ fees. However, to obtain the full array of remedies available under the statute, employers must comply with a specific notice requirement, says Jeff Barnes, a partner at Fisher & Phillips LLP.

  • The Risk Of Data Misuse By Health Care Co. Employees

    Tina Sciocchetti

    A recent decision from the Southern District of Florida highlights the risks companies that collect or maintain sensitive personal information face when a rogue employee compromises data security. Data privacy and security policies and procedures should address and limit unauthorized access not only to external sources, but also to internal sources who may act outside the scope of their employment, say attorneys at Nixon Peabody LLP.