• February 9, 2016

    NC Catering Co. Says EEOC Is Bullying It In Bias Suit

    A North Carolina-based catering and event planning company sued by the U.S. Equal Employment Opportunity Commission for firing a Rastafarian worker asked a North Carolina federal court on Monday to reject the agency’s bid for sanctions, saying the EEOC is harassing the small business over minor technicalities.

  • February 9, 2016

    House Votes To Step Up VA Construction, Health Oversight

    The U.S. House of Representatives passed a package of nine bills Tuesday intended to improve military veterans' health care, education and employment opportunities, and rein in cost and schedule overruns in constructing U.S. Department of Veterans Affairs medical facilities.

  • February 9, 2016

    Texas Court Revives Workers' Comp Bid In 'Imbecility' Case

    A Texas appellate court ruled Tuesday that a state judge had applied an overly restrictive definition of “imbecility” -- a vague 100-year-old term used in a state law governing workers' compensation claims -- and revived an injured man’s suit seeking benefits from Amerisure Mutual Insurance Co.

  • February 9, 2016

    Paragon Security Guards' FLSA Suit Trimmed

    A California federal judge on Monday clipped one of the six remaining counts of a Fair Labor Standards Act case against a security company, saying the employees who have alleged they were denied breaks had not sufficiently notified the company they were pursuing the claim.

  • February 9, 2016

    Dave & Buster’s Can’t Duck Obamacare ERISA Class Action

    A New York federal judge on Tuesday said amusement chain Dave & Buster’s can’t duck a proposed class action over claims it slashed employees’ hours to avoid increased health care costs stemming from Obamacare, saying the employees have a case under the Employee Retirement Income Security Act.

  • February 9, 2016

    NJ Dems Unveil State, Federal Plans For $15 Minimum Wage

    Some of New Jersey's top Democratic state lawmakers came together with U.S. Rep. Donald Norcross, D-N.J., in the state capital on Tuesday announcing joint plans to introduce legislation that would eventually raise the state and federal minimum wage to $15 an hour.

  • February 9, 2016

    UnitedHealth Out Of Ammo To Fight Judge DQ Bid, Court Told

    A former doctor embroiled in litigation with UnitedHealth over the responsibility of insurers to pay for weight loss surgeries under worker health plans told a California federal court Monday that the insurer has no “valid rationale” to respond again to his push for disqualification of a judge.

  • February 9, 2016

    Obama's Budget Calls For $12.8B For DOL

    The 2017 budget proposal unveiled on Tuesday calls for $12.8 billion in discretionary funding for the U.S. Department of Labor, with billions for work training efforts, down 3 percent from the $13.2 billion that the Obama administration sought for the DOL in its 2016 budget proposal.

  • February 9, 2016

    3 Ex-Chipotle Managers Win Gender Discrimination Trial

    Chipotle was ordered by an Ohio federal jury on Monday to pay nearly $607,000 to three former managers at Cincinnati-area restaurants who claimed they were fired because they are females.

  • February 9, 2016

    Time Limit Firm For Navy Chaplains' Discrimination Suits

    A D.C. federal judge removed 12 U.S. Navy chaplains from a discrimination suit accusing the military of systemically promoting Catholic priests at a higher rate than other clergy, saying Tuesday the chaplains’ complaints came too late.

  • February 9, 2016

    AT&T Says Manager Behind Worker's Firing Lacked Age Info

    AT&T asked a Pennsylvania federal court Monday to scrap last month’s jury verdict awarding $370,000 to a longtime customer service executive allegedly fired for his age, saying the manager behind the decision did not have access to such information about the employee.

  • February 9, 2016

    Farm Workers Urge 9th Circ. To Affirm Class Cert. In H-2A Row

    Agricultural workers who claim a Washington farm didn’t tell them about higher paying H-2A visa jobs urged the Ninth Circuit to uphold a lower court’s decision to certify two classes, arguing class members' claims are much more similar than the farm contends.

  • February 9, 2016

    4 Errors Employers Make When Workers Telecommute

    With changing times and advancing technology, many employers now allow telecommuting, but sometimes they don't mind all of the legal details, which can land them in hot water. Here, Law360 looks at some common mistakes companies make when their employees work remotely.

  • February 9, 2016

    FordHarrison Gains Baker Donelson Employment Litigator

    FordHarrison LLP has hired a former Baker Donelson Bearman Caldwell & Berkowitz PC employment litigator as a partner in its Birmingham, Alabama, office, the firm has announced.

  • February 9, 2016

    Aircraft Foundation Accuses Founder Of Hijacking Trade Show

    A personal aviation advocacy group pushed for a California federal judge to halt its former president’s alleged theft of its property and use of its trademarks in a rival trade show, saying Friday he tried to usurp it with a new foundation shortly after their relationship soured.

  • February 8, 2016

    Dignity Tells 9th Circ. Church Rule Dumps $1.2B ERISA Suit

    Dignity Health on Monday urged the Ninth Circuit to dismiss a putative class action accusing the hospital chain of underfunding its pension plans by $1.2 billion, arguing it “defies ... common sense” not to exempt Dignity under the Employee Retirement Income Security Act's church plan exemption.

  • February 8, 2016

    11th Circ. Denies Ga. County's Appeal Of DOL Admin Ruling

    The Eleventh Circuit on Monday denied an appeal by DeKalb County, Georgia, challenging the U.S. Department of Labor’s administrative ruling in a retaliation suit brought under the Federal Water Pollution Control Act, finding that application of a different standard would’ve ended in the same outcome.

  • February 8, 2016

    Insurer Needn't Front Impac Defense In MBS Suits, 9th Circ.

    The Ninth Circuit on Monday affirmed Houston Casualty Co. isn’t obligated to front defense costs to Impac Mortgage Holdings Inc. in a trio of actions over its purported mishandling of mortgage-backed securities offerings, rejecting Impac’s interpretation of a covered security in its directors and officers policy.

  • February 8, 2016

    Uber Drivers Seek Conditional Cert. In FLSA Suit In Calif.

    Uber drivers behind a Fair Labor Standards Act suit seeking minimum wage and overtime asked a California federal judge on Friday to grant conditional class certification, arguing they had sufficiently accused the ride-hailing service of intentionally misclassifying Golden State drivers.

  • February 8, 2016

    Lowe’s Wage Suit Opt-Ins Can Stay, On Two Conditions

    A New York federal magistrate on Monday said several human resources managers who opted in to a proposed wage class action against Lowe’s that was denied conditional certification can stay in the case, but only under two conditions that move the burden from the retailer to the employees suing it.

Expert Analysis

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Rodeo Associations Fail To Rein In Each Other In Round 1

    Bruce D. Sokler

    Last week, a Texas federal court denied the Elite Rodeo Association’s preliminary injunction motion to block the enforcement of the Professional Rodeo Cowboys Association's bylaws, and also denied the PRCA’s motion to dismiss on the ERA’s Section 2 claim. In reaching that conclusion, the court had to address and distinguish a host of arguably applicable sports antitrust cases, say Bruce Sokler and Farrah Short of Mintz Levin Cohn F... (continued)

  • Shaping The Future Of The EB-5 Visa Program

    Ronald R. Fieldstone

    Takeaways from the recent EB-5 Investors Magazine Conference in Las Vegas were many, and as Congress is set to vote on reauthorizing the program in September, industry leaders expects the conversations that started in Las Vegas will help shape the future of the program, says Ronald Fieldstone, a partner at Arnstein & Lehr LLP.

  • Why 'Upwards Bullying' Could Be A Concern For US Employers

    Ricardo Granderson

    "Upwards bullying" — when a subordinate or staff member targets, threats, intimidates or sabotages a manager or supervisor — may be an increasing trend in the U.K. and Australia. But with an "at-will" doctrine in place, could the same happen in the U.S.? Ricardo Granderson, principal and founder of The Granderson Group explains why and how it could become an issue for U.S. employers.

  • The Economics Of Independent Contractors

    Charles Diamond, Ph.D.

    Lawsuits challenging independent contractor status pose several interesting questions: What is the economic rationale for independent contractors? What is an independent contractor versus an employee? Are independent contractors losing economic benefits due to misclassification? Experts at Charles River Associates explore the answers to these questions from an economic standpoint.

  • Protecting Against Employee Communication-Related Risks

    Excerpt from Lexis Practice Advisor
    Joseph Domenick Guarino

    Technology is a blessing and a curse. While it's essential to support a company’s business and to conduct work-related activities, its use also creates inherent risks. Joseph Domenick Guarino, a partner at DLA Piper, explains how to adopt an effective and comprehensive electronic communications system policy in order to protect against such risks.

  • When Workplace Recording Restrictions Are Deemed Unlawful

    Miguel A. Manriquez

    In its case with Whole Foods Market Group Inc., the National Labor Relations Board held that an unqualified prohibition of all workplace audio recording was unlawfully overbroad, meaning employers may still regulate recordings, but the rules must be narrowly drawn and must be connected to an overriding employer interest, say attorneys at Michael Best & Friedrich LLP.

  • New Insights For ERISA Standards On Benefit Determinations

    Roy W. Breitenbach

    In Josephson v. Oxford, the New York State Supreme Court found that the health plan’s conflict of interest did, indeed, affect certain of the health plan’s benefit determinations. The ruling provides a useful analysis of the Employee Retirement Income Security Act standards involved in determining whether benefit determinations are arbitrary and capricious, say attorneys at Garfunkel Wild PC.

  • Employer Lessons From Chipotle’s Multiplaintiff Jury Trials

    Ellen R. Storch

    The evidence in a recent lawsuit brought against Chipotle by seven female managers alleging discriminatory termination based on gender is subtle but still offers important insights because the case shows how slightly improved human resources practices can allow employers to avoid liability for alleged discrimination, says Ellen Storch at Kaufman Dolowich & Voluck LLP.

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.