• December 5, 2016

    7th Circ. Won't Declare UPenn Athletes As Employees

    The Seventh Circuit held Monday that two University of Pennsylvania student-athletes’ participation in college sports does not make them school employees, a death knell for their proposed class action claiming they deserved minimum wage pay under the Fair Labor Standards Act.

  • December 5, 2016

    MLB Releases Details Of Tentative 5-Year Labor Agreement

    The All-Star Game no longer deciding home-field advantage in the World Series, an increase in the luxury tax and more drug tests are all part of a new five-year collective bargaining agreement between Major League Baseball and the players reached last week, according to more details of the tentative deal released Friday.

  • December 5, 2016

    Dallas Mayor Sues To Stop Pension 'Run On the Bank'

    Dallas Mayor Mike Rawlings on Monday sued trustees for Dallas police and fire pensions, seeking to halt what he described as a “run on the bank” spree of lump-sum pension withdrawals that have drained $500 million from the system since August.

  • December 5, 2016

    Consulting Co. Can't Escape Indian Nationals' ERISA Suit

    An Illinois federal judge allowed a putative class action brought against consulting firm Capgemini North America Inc. by a group of its employees to move forward Sunday, rejecting Capgemini's efforts to poke holes in the employees' claims they were cheated out of health insurance benefits.

  • December 5, 2016

    NLRB Judge Orders Builder To Rehire Unionizing Workers

    A National Labor Relations Board judge on Friday ordered a Delaware contractor and an affiliated Pennsylvania subcontractor to hire back and bargain with two carpenters they fired and called police on, ruling the workers were fired because they moved to unionize.

  • December 5, 2016

    Expedia Tech Pleads Guilty, Settles Insider Trading Suit

    A former Expedia and Hotwire IT technician pled guilty to securities fraud and settled a suit by the SEC against him for hacking into computers of executives to look at pre-earnings reports and using that information to make $350,000 in profits by trading on the company secrets, officials and his attorney said Monday.

  • December 5, 2016

    Doctor Can’t DQ Judge In Suit Over Patient Data

    A doctor suing the Michigan Board of Medicine for allegedly introducing confidential patient records into his disciplinary hearing may not disqualify a judge who he said made comments showing bias against him, according to a Monday order.

  • December 5, 2016

    It's Trial For Dynamex Driver Misclassification Spat

    A California federal judge on Sunday slated for trial a collective action accusing same-day delivery and logistics company Dynamex of shorting drivers on pay by misclassifying them as independent contractors, after refusing to grant either side a quick win.

  • December 5, 2016

    Insurers Must Pay Counterclaims, Mass. High Court Told

    An eyewash and lens cleaner company on Monday urged the Massachusetts Supreme Judicial Court to require its insurer to pick up the tab for the embezzlement counterclaims that it filed against an employee who had sued for age discrimination.

  • December 5, 2016

    Business Org. Blasts OSHA's Bid To Toss Union Access Suit

    A national small business group on Monday hit back at the Occupational Safety and Health Administration’s bid to escape a suit alleging a memo allowing union reps to join OSHA officers on workplace inspections is illegal, saying its members don’t need to be fined before they can file suit. 

  • December 5, 2016

    Texas Justices Will Weigh Adviser Liability In Surgeon Suit

    The Texas Supreme Court on Friday agreed to review a hospital administration firm’s bid to ditch claims it interfered with a doctor’s contract by providing accurate revenue figures for his practice, in a case asking the court to adopt a rule that communicating truthful information or honest advice cannot be the basis for tortious interference claims.

  • December 5, 2016

    Use Of Part-Time Workers Steadily Rising, Report Finds

    A study commissioned by the Economic Policy Institute, a left-leaning think tank, found that 6.4 million American workers want full-time work but only work part-time hours, a trend driven by the food service, hotel and retail industries where this type of work is already prevalent. 

  • December 5, 2016

    Mayer Brown Snags Pensions Pro From Dentons

    Pensions veteran and former Dentons partner Jay Doraisamy has joined Mayer Brown LLP’s London office, bulking up the firm’s pension practice with her 22 years of experience working on large pension arrangements in a variety of sectors, from energy to banking.

  • December 5, 2016

    Family Dollar Ducks PAGA Suit Over Lack Of Cashier Seating

    Family Dollar Inc. dodged an ex-employee's putative class action alleging it failed to give cashiers a place to sit down on the job when a California federal judge on Friday said the worker didn’t provide enough detail in an administrative notice letter for the case to proceed under the Private Attorneys General Act.

  • December 5, 2016

    Judge Won't Redo Retaliation Suit Against Ex-Pa. AG Kane

    Former top Pennsylvania officials connected to ousted Attorney General Kathleen Kane can’t reopen a civil suit against her using testimony from her criminal trial while an appeal of the suit is pending at the Third Circuit, a federal judge ruled Friday.

  • December 5, 2016

    4th Circ. Panel Affirms Honeywell Win In Fatal Toxic Tort Suit

    A Fourth Circuit panel has affirmed a lower court’s dismissal of a toxic tort suit over a man's lung cancer death against Honeywell International Inc., saying the claims were time-barred because of Maryland’s 20-year statute of repose.

  • December 5, 2016

    BNSF Urges High Court To Overturn NM Negligence Ruling

    BNSF Railway Co. has asked the U.S. Supreme Court to review a New Mexico Supreme Court ruling that held the railroad can be held liable for the death of a conductor who reportedly fell off a BNSF train operating within the speed limit.

  • December 5, 2016

    SEC Hands Out $3.5M Award To 36th Whistleblower

    The U.S. Securities and Exchange Commission on Monday awarded one of its top 10 awards to a whistleblower for providing information that led to a successful enforcement action, bringing the program’s total endowment to approximately $135 million.

  • December 5, 2016

    Despite Opposition, Norwegian Air Wins Air Carrier Permit

    Norwegian Air Shuttle ASA's Irish subsidiary won its bid for a foreign air carrier permit in the U.S. on the same day that the European Union acted on its threat to haul the U.S. into arbitration, ending a three-year application period that was punctuated by fierce resistance from labor groups, politicians and others.

  • December 5, 2016

    CVS Wants Quick Win In Loss Prevention Bias Class Suit

    CVS urged a New York federal judge Friday to toss a class action alleging two anti-theft workers were told to target minority customers, saying one named plaintiff failed to show she was fired as retaliation for complaining and the other failed to show she was harassed because of her race.

Expert Analysis

  • How Employers Can Prep For New OSHA Reporting Rule

    Sutton.Chris (c).jpg

    A Texas federal court's denial of the injunction that sought to block the nationwide implementation of the Occupational Safety and Health Administration’s new injury and illness reporting rule means that major parts of the rule went into effect last week. The rule includes several new obligations and prohibitions that employers should be aware of, say attorneys with Perkins Coie LLP.

  • DOJ Crackdown On Employee Recruiting And Compensation

    Daniel G. Swanson

    In addition to providing practical guidelines regarding application of federal antitrust laws to hiring practices and compensation decisions, recent guidance from the U.S. Department of Justice and Federal Trade Commission announces a significant shift in enforcement policies with its statement that the DOJ intends to proceed criminally against naked wage-fixing and no-poaching agreements, say attorneys at Gibson Dunn & Crutcher LLP.

  • Hitting Pause On FLSA White Collar Changes

    Kathleen Anderson

    The eleventh-hour preliminary injunction from the Eastern District of Texas against expanded coverage under the Fair Labor Standards Act is a blow to the U.S. Department of Labor, which had estimated expanded overtime coverage to more than four million additional employees, says Kathleen Anderson of Barnes & Thornburg LLP.

  • Top 10 Whistleblowing And Retaliation Events Of 2016

    Steven J. Pearlman

    This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.

  • What Is 'Public Interest' Under California Anti-SLAPP Law?


    Under California’s anti-SLAPP statute, a court may strike causes of action arising from defendants’ exercise of free speech rights concerning matters of "public interest." But because the statute does not define "public interest," California courts have construed it in varying ways. The California Supreme Court may soon provide guidance, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.

  • The Rise Of 'Wrongful Hiring' Claims

    Self Portrait 2.jpg

    Employment practices liability insurance policies often cover wrongful termination claims, but they are much less likely to provide coverage for "wrongful hiring" claims, when companies provide employment favors to families with powerful connections, says Evan Bundschuh of Gabriel Bundschuh & Associates Inc.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • EEOC's New 4-Year Plan: What Employers Need To Know

    Michelle Lee Flores

    In its updated strategic enforcement plan for fiscal years 2017 to 2021, the U.S. Equal Employment Opportunity Commission added some new priorities, including issues related to complex employment structures in the 21st-century workplace, and backlash discrimination against Muslims, Sikhs and persons of Arab, Middle Eastern or South Asian descent, says Michelle Lee Flores of Cozen O’Connor PC.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • The Carrot-And-Stick Approach To Incentive Compensation

    Kevin LaCroix

    A recurrent governance proposal to remedy corporate excesses has been the idea of clawing back the compensation paid to company officials who presided over corporate scandals, such as the one at Wells Fargo. But the assessment that clawback provisions actually counterbalance the distorted incentives of an “extreme” incentive compensation plan depends on a psychological assessment that may or may not be valid, says Kevin LaCroix of RT ProExec.