Employment

  • 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

    BREAKING: 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.”

  • June 30, 2015

    Arnstein & Lehr, Ex-Secretary Resolve Harassment Suit

    Following a stipulation from the parties, a Florida federal court on Tuesday dismissed a former secretary's lawsuit against Arnstein & Lehr LLP that claimed the law firm discriminated and retaliated against her after she contributed information against a partner in a harassment investigation.

  • June 30, 2015

    Blue Cross Can't Block New Trial In $26M Contract Suit

    A jury that cleared Blue Cross Blue Shield of Louisiana in a $26 million breach of contract suit received improper instructions that held a medical equipment supplier and surgery staff provider to an unfair standard, a Texas federal judge ruled Tuesday, granting a new trial.

Expert Analysis

  • Did 'America's Sexiest Man' Almost Doom The ACA?

    Kim Wilcoxon

    Although former Republican Massachusetts Sen. Scott Brown didn't cast the deciding vote in the U.S. Supreme Court's 5-4 ruling in King v. Burwell, the one-time Cosmopolitan magazine pick for "America's Sexiest Man" played a significant role in the legal trials and tribulations of the Affordable Care Act, says Kim Wilcoxon of Thompson Hine LLP.

  • Wrapping Your Head Around NJ Workers' Comp Jurisdiction

    Timothy R. Freeman

    The practical effect of the New Jersey Supreme Court's ruling in Estate of Kotsovska v. Liebman may be to discourage the filing of petitions for workers' compensation benefits and to encourage litigation in the state's courts regarding employment status after a workplace injury has occurred, says Timothy Freeman of Sedgwick LLP.

  • 7th Circ. Rejects FCA Implied False Certification Theory

    Emily Theriault

    The Seventh Circuit’s recent ruling in U.S. v. Sanford-Brown Ltd. — a welcome decision for government contractors — runs against the tide of circuits adopting variations of the False Claims Act implied false certification theory, says Emily Theriault of Sheppard Mullin Richter & Hampton LLP.

  • The Sharing Economy's Next Phase: The Active Venue Firm

    Michael A. Troncoso

    Grocery delivery startup Instacart’s new worker classification approach reflects an emerging trend in how the sharing economy navigates its central dilemma — ensuring flexibility and freedom for its workforce, while maintaining quality and safety. More sharing economy firms are likely to use Instacart’s approach — becoming what I call an "active venue firm" — especially for services that are complex, sensitive or require intensive ... (continued)

  • Citizen-Employee Speech After Lane V. Franks

    Kyle D. Winnick

    Lower court decisions are in disagreement as to what extent, if at all, the U.S. Supreme Court's ruling in Lane v. Franks qualified Garcetti v. Ceballos' central holding that only public employees' "citizen speech" is protected. Because courts characterize job responsibilities differently, their definitions of employee and citizen speech vary, says Kyle Winnick of Maduegbuna Cooper LLP.

  • The Truth About Variable Annuities

    Rhett Owens

    It seems there is no more vehemently decried investment product than the variable annuity. But the truth is that variable annuities can form part of a balanced, effective portfolio if you avoid the red flags that can spawn annuity-related litigation, says Rhett Owens of Burr & Forman LLP.

  • Inside New ITAR Rules For US Defense Service Providers

    Tamer A. Soliman

    The U.S. Department of State Directorate of Defense Trade Controls has released a proposed rule amending the International Traffic in Arms Regulations with respect to the provision of defense services by U.S. persons working for non-U.S. entities. U.S. employees of unaffiliated non-U.S. companies are disproportionately impacted by this proposed rule, but the rule does not provide a practical path to compliance for such companies, s... (continued)

  • New DOL Overtime Pay Rules Are Coming Soon

    Andrew P. Sherrod

    Though we don't yet know the Obama administration's proposed changes to the U.S. Department of Labor's overtime pay rules — which are due any day now — a meaningful increase in the salary threshold for the white collar exemptions will almost certainly be among the expected revisions and will likely impact managers and supervisors in the retail, fast-food and janitorial industries, says Andrew Sherrod of Hirschler Fleischer PC.

  • Filing Class Actions Against Wage-Dodging Trucking Cos.

    Brian S. Kabateck

    Truck drivers pursuing class actions against trucking companies should not be discouraged by the recent trend of these companies attempting to avoid paying wages owed by filing for bankruptcy. Attorneys should investigate which individual controls employees’ wages, hours or working conditions and name that individual as a second employer-defendant, say Kabateck Brown Kellner LLP's Tsolik Kazandjian and Brian Kabateck, a former pres... (continued)

  • Uniforms And Unpaid Interns And Minimum Wage! Oh, My!

    Michael J. Puma

    Three hot topics in wage-and-hour law for employers today are uniform policies, unpaid internships and minimum wage requirements. With pressure from media coverage, political and social justice organizations and plaintiffs’ counsel, employers should adopt certain best practices to avoid liability and reduce the risk of class action litigation, say attorneys at Morgan Lewis & Bockius LLP.