Employment

  • June 24, 2016

    Looser Employment Regs, Fewer Workers On Tap Post-Brexit

    The U.K.'s decision Friday to leave the European Union could lead to short-term uncertainty and long-term turmoil for employers, experts say, predicting that unpopular employment regulations will be scrapped by reformist lawmakers while new immigration restrictions will dilute the pool of available workers from EU member states.

  • June 24, 2016

    Workers, Officials Sue Ariz. Over Law Curbing City Benefits

    Arizona lawmakers violated the state’s constitution this year by enacting a bill that effectively overruns a previous voter initiative by barring municipalities and counties from regulating various types of employment benefits, according to a suit filed by a labor union and 37 elected officials.

  • June 24, 2016

    Nationwide Gets Texas High Court OK To Push Case To Ohio

    Nationwide Insurance Co. of America can force a dispute with one of its former agents to be heard in Ohio under a forum selection clause despite having participated for years in Texas litigation with the agent, the Texas Supreme Court held Friday.

  • June 24, 2016

    Ky. Strip Club Slapped By Dancer Classification, Wage Suit

    Three exotic dancers filed a proposed class action in Kentucky federal court Thursday accusing a Louisville strip club and its owners of misclassifying them as independent contractors and failing to pay minimum wage in violation of state and federal labor laws.

  • June 24, 2016

    Holland & Knight Paralegal Loses Workers' Comp Bid For Fall

    A Florida appeals court on Friday affirmed a decision denying workers' compensation benefits to a Holland & Knight LLP paralegal in Tampa who broke her ankle in a public parking garage heading to work, finding the hazard was too far from her office to qualify for coverage.

  • June 24, 2016

    SEIU Bid For Vote On Hospital Execs' Pay Derailed By Judge

    A California state judge on Thursday confirmed an arbitration award blocking SEIU United Healthcare Workers West from sponsoring or otherwise promoting any ballot initiative seeking to limit hospital executive salary to $450,000 annually, saying the union couldn’t prove an arbitrator erred in the decision.

  • June 24, 2016

    Texas Justices Say Workers' Comp Deals Must Follow Formula

    The Texas Supreme Court on Friday dismantled a workers’ compensation settlement American Home Assurance Co. had reached, saying the insurer’s agreement to pay an injured worker supplemental income benefits didn’t comply with strict statutory formulas.

  • June 24, 2016

    Sony, CBS Can’t Dodge Retaliation Claim In Row With Actress

    A California federal judge trimmed most of a lawsuit in which a former star of “The Young and the Restless” says Sony and CBS retaliated after she quit the show following alleged racial discrimination, although the judge let one of the claims proceed.

  • June 24, 2016

    Texas High Court Swats Employee's West Nile Virus Suit

    The Texas Supreme Court on Friday determined that Union Pacific Railroad Co. is shielded from a worker's suit alleging that he was infected with the West Nile virus on the job, because state common law limits a property owner's liability for harm from indigenous animals.

  • June 24, 2016

    High Court Asked To Hear NJ Secondhand Asbestos Case

    The estate of a woman who claimed she was exposed to asbestos through her father’s employment at Port Authority Transit Corp. and other rail companies has petitioned the U.S. Supreme Court to review lower courts' decisions that its state claims are preempted.

  • June 24, 2016

    Centene Inks $4.5M Deal In Nurse OT Row

    Centene Management Co. has reached a $4.5 million settlement with group of nurses who accused the health care company of failing to pay them millions of dollars in overtime, the parties told a Washington federal court on Thursday.

  • June 24, 2016

    LaMi Products Agrees To Settle FLSA Suit For $1.5M

    A proposed settlement in a Pennsylvania putative class action will distribute $1.5 million to employees of merchandiser LaMi Products LLC, who say that they were denied overtime pay in violation of the Fair Labor Standards Act, according to a proposed settlement order filed on Thursday.

  • June 24, 2016

    Transgender Student Can Choose Bathroom, Judge Orders

    A Virginia federal judge has ordered a school board to allow a transgender male student to use the boys' bathroom, a decision that followed a Fourth Circuit ruling finding that federal law requires schools to let transgender students choose which bathroom to use.

  • June 24, 2016

    DOJ Claims 'Systematic' Fraud In Prime's Patient Admissions

    Prime Healthcare Services Inc., pretending to turn around struggling hospitals, ran a systematic scheme to defraud the federal government by forcing doctors to provide medically unnecessary services to maximize Medicare reimbursements, the U.S. Department of Justice told a California federal court on Thursday.

  • June 24, 2016

    Paul Mitchell Students Urge Calif. Court To Save Wage Suit

    A putative class of cosmetology students who allege John Paul Mitchell Systems and various affiliates stiffed them on wages because they were actually performing as workers urged a California federal court on Thursday not to toss their suit.

  • June 24, 2016

    Comcast Says Exec Who Left For Sprint Broke Noncompete

    Comcast Corp. sued a former senior vice president who worked on the company’s digital media business in Pennsylvania federal court Thursday, claiming that he breached an employment contract by leaving to take a job with rival Sprint Corp.

  • June 24, 2016

    Ex-Allstate Workers Win $27M Verdict In Defamation Row

    An Illinois federal jury has awarded four former Allstate Insurance Co. employees about $27.1 million in litigation claiming the company defamed them and violated the Fair Credit Reporting Act during an investigation into their division's trading practices that led to their termination, according to Thursday court filings. 

  • June 24, 2016

    Texas Biz Groups Urge Pausing Of DOL's 'Persuader' Rule

    A Minnesota federal judge’s decision not to temporarily block implementation of the U.S. Department of Labor's controversial "persuader" rule should have no bearing on a related Texas federal case where business groups are seeking the same result, they argued Thursday.

  • June 23, 2016

    Lyft Wins Early Nod For $27M Calif. Driver Deal

    Lyft Inc. and its drivers moved one step closer to sealing a revised $27 million deal in a proposed class action over whether the company misclassified its California drivers on Thursday when a California federal judge granted preliminary approval to the plan after rejecting an earlier proposal.

  • June 23, 2016

    Dollar General Ruling Shows New Justice Crucial For Tribes

    Native American advocates breathed a sigh of relief Thursday when a deadlocked U.S. Supreme Court thwarted Dollar General's attempt to avoid facing sexual assault tort claims in tribal court, but whoever replaces the late Justice Antonin Scalia will likely determine the approach the high court takes on the scope of tribal authority going forward.

Expert Analysis

  • Why Class Defendants Should Consider Venue Transfers

    Cathy Moses

    Class action defendants litigating in an inconvenient forum should consider presenting arguments in favor of transferring the action to another venue, as a successful venue motion can deflate some momentum that the class might appear to have at the outset of the case, says Cathy Moses at Irell & Manella LLP.

  • Jimmy John’s: Poster Child For National Noncompete Debate

    Jason B. Hirsh

    The Illinois attorney general's litigation with sandwich restaurant chain Jimmy John’s speaks to the concerns about noncompete agreements recently expressed by the U.S. Department of Treasury and the White House. Such agreements likely can have serious and unintended consequences and state and national authorities are now paying closer attention, say Jason Hirsh and Christina Lutz at Levenfeld Pearlstein LLC.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • A New Precedent For Physician Restrictive Covenants In NY

    Thomas A. Telesca

    A recent decision from the New York Supreme Court concerning the enforceability of a physician's restrictive covenant reflects continued changes taking place in the health care field and indicates that attorneys representing individual physicians and medical practices in New York will have to take more care in drafting such contracts, says Thomas Telesca at Ruskin Moscou Faltischek PC.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • Post-Tyson, Defendants Should Play Offense In Discovery

    Trischa Snyder Chapman

    Following the U.S. Supreme Court’s ruling in Tyson Foods v. Bouaphakeo, defendants can expect to see an increase in the use of sampling in class action discovery. But defendants need not take such discovery lying down. Rather, they should consider taking the offensive and use sampling to defeat class allegations, says Trischa Snyder Chapman at BakerHostetler.

  • 5 Steps For Creating An LGBT-Supportive Workplace

    Jim S. McNeill

    Law governing LGBT workplace protections is in flux, and largely does not keep pace with the opinion of society. To stay one step ahead, proactive employers should consider taking steps to ensure their workplace is LGBT-supportive. Doing so will not only mitigate future liability, but it will telegraph to employees that management believes in an inclusive and diverse workforce, say Jim McNeill and Peter Stockburger at Dentons.

  • Escobar Was A Clear Defeat For FCA Defendants

    R. Scott Oswald

    Last week’s decision by the U.S. Supreme Court in Escobar was — the spin of defense attorneys notwithstanding — an unvarnished victory for government prosecutors, taxpayers and the qui tam relators who file lawsuits on their behalf under the venerable False Claims Act. The 8-0 opinion clarified three key points of law, all in favor of those who battle dishonest contractors, says R. Scott Oswald of The Employment Law Group PC.

  • REBUTTAL: NJ Justices Restored Sanity To Bias Deadlines

    Jon W. Green

    After reading the headline of Law360’s recent story “NJ Justices Force Employers to Play Long Game in Bias Rows,” one would have thought that employers would suffer grievously because of this way-out-of-the-mainstream ruling. However, this assertion is utter nonsense for several reasons, says Jon Green at Green Savits LLC.

  • Redefining The Focus Of Federal And State Equal Pay Laws

    Susan Gross Sholinsky

    While the federal government has not enhanced its own equal pay law, the current administration has made clear that equality in the workplace is a priority. State and local governments have taken it upon themselves to create more protections for employees, and there are several different elements employers should consider as they prepare for the possibility of defending cases under the new amendments, say attorneys at Epstein Becker Green LLP.