Employment

  • September 1, 2015

    Workers Say Sheep Ranchers, Ranching Groups Fixing Wages

    Two former sheepherders filed a proposed class action against two ranching organizations and a slew of companies owned by ranchers Tuesday in Colorado federal court, alleging they schemed to fixes wages for domestic and H-2A workers at "unconscionably" low levels.

  • September 1, 2015

    AFL-CIO GC Says Unions Face Obstacles Despite NLRB Wins

    Despite some recent wins at the National Labor Relations Board, the AFL-CIO still has work to do to address large-scale threats including right-to-work laws and high-court cases, AFL-CIO co-general counsel Lynn Rhinehart told Law360 in an exclusive interview.

  • September 1, 2015

    Lie To The Court And Lose, 7th Circ. Says In Labor Bias Suit

    The Seventh Circuit said Tuesday that dismissal with prejudice is an appropriate price to pay for a former sales rep at The Western & Southern Life Insurance Co. who tried to hoodwink an Indiana federal court with a fake employment contract in a discrimination suit.

  • September 1, 2015

    NJ Commission Backs Arbitration Award For AC Firefighters

    The New Jersey Public Employment Relations Commission has upheld an arbitration award for 235 Atlantic City firefighters who fought for increases over objections that the contract further strained the embattled casino town’s economic woes.

  • September 1, 2015

    3 Tips For Minimizing Workplace Violence

    A former TV news anchor's recent, much-publicized shooting of two of his former colleagues on live television is an unusual event, but it underscores how employers need to have a plan in place to address potential workplace violence while minimizing exposure to lawsuits.

  • September 1, 2015

    Spokeo Will Impact Verizon ERISA Suit, 5th Circ. Told

    Two Verizon retiree classes sought a Fifth Circuit panel rehearing of their rejected appeal over the telecom giant’s transfer of $7.4 billion in pension obligations, arguing Monday that the U.S. Supreme Court's constitutional standing decision in Spokeo will directly impact their case.

  • September 1, 2015

    Applebee's Franchisee Can't Escape Arbitration Pact Suit

    A Florida federal judge on Tuesday tossed an Applebee's franchisee's motion to dismiss a suit alleging it required employees to sign an arbitration agreement that restricted their rights to pursue claims of discrimination, saying Doherty Enterprises Inc. failed to show any reason the case should not proceed.

  • September 1, 2015

    NJ Court Upends Knight Capital's Arbitration Win In Bias Suit

    Knight Capital Group Inc. saw the reversal Tuesday of its trial court win forcing a former employee to arbitrate his discrimination claims, when a New Jersey appeals court found the at-issue arbitration agreement was insufficiently clear under the New Jersey Supreme Court's Atalese decision.

  • September 1, 2015

    Judge Won't Convert Cache Bankruptcy To Ch. 7 Yet

    A Delaware bankruptcy judge declined Tuesday to convert defunct clothier Cache Inc.'s case to a Chapter 7 over accusations it left more than 800 ex-employees potentially on the hook for medical bills by not transferring paycheck withdrawals to the insurer, but said she would revisit the issue in October.

  • September 1, 2015

    Merck Beats Back Whistleblower's FCA Claims Over Integrilin

    A California federal judge on Monday tossed a whistleblower’s False Claims Act allegations against Merck and Co. Inc. of off-label promotion of Integrilin and kickbacks, ruling they were substantially similar to claims against Millennium Pharmaceuticals Inc. that he had previously dismissed.

  • September 1, 2015

    Calif. Uber Drivers Win Cert. In Closely Watched Tips Suit

    Uber Technologies Inc. drivers scored a major victory against the ride-hailing company Tuesday when a California federal judge agreed to certify a class of Golden State drivers who claim they were mislabeled as independent contractors and cheated out of tips.

  • September 1, 2015

    Whistleblowers Rushing Discovery Bid In FCA Suit, KBR Says

    KBR Inc. asked an Illinois federal judge Monday to reject whistleblowers’ request to discuss discovery issues in a False Claims Act suit, saying the move was an attempt to prematurely begin discovery before the court decides whether it will hear the case.

  • September 1, 2015

    Pa. Justices Revive Whistleblower's Turnpike Commission Suit

    The Pennsylvania Supreme Court on Monday overturned a lower court’s dismissal of a former financial manager’s whistleblower complaint against the state’s Turnpike Commission, concluding that there was legitimate evidence countering the commission's argument that he was let go because of budgetary reasons.

  • September 1, 2015

    Wal-Mart Sex Bias Claims Should Proceed, 5th Circ. Hears

    Eight former female Wal-Mart Stores Inc. employees, who were not parties to a recent settlement between the retailer and named plaintiffs originally covered by the nationwide Dukes class that the U.S. Supreme Court disbanded, on Monday asked the Fifth Circuit to allow them to continue to pursue sex bias claims on a classwide basis. 

  • September 1, 2015

    Attys Spar Over Sanctions Demand For Racism Accusation

    Two attorneys traded words this week after counsel for CSX Transportation Inc. in an employee's $10 million injury suit asked a New York federal judge Monday to sanction opposing counsel for calling him discriminatory and racist for inadvertently scheduling a site inspection during Rosh Hashana.

  • September 1, 2015

    Clerk Refusing Marriage Licenses Hit With Contempt Motion

    A couple suing a Kentucky county clerk for refusing to provide marriage licenses in protest of the country’s legalization of same-sex marriage asked a federal judge Tuesday morning to find her in contempt of court after she ignored the previous day's order from the U.S. Supreme Court essentially telling her to do so.

  • August 31, 2015

    OIG Calls For Improvements To CFPB Hiring Practices

    The Federal Reserve’s inspector general has said that while the Consumer Financial Protection Bureau has made some changes to its recruitment and hiring processes, hiring controls weren’t always followed and more improvements can be made.

  • August 31, 2015

    Judge Kicks Whistleblower's FCA Suit Against Scan Health

    A California federal judge on Friday dismissed a whistleblower’s False Claims Act suit accusing Scan Health Plan of overcharging Medicare and Medi-Cal after finding the complaint mirrored that of a state audit report.

  • August 31, 2015

    Kohl's Can't Get Rid Of FCRA Suit, Ex-Employee Tells Court

    A former worker accusing Kohl's Department Stores of using ambiguous and misleading language to obtain credit reports in violation of the Fair Credit Reporting Act told a California federal judge Friday that the retailer’s bid to dismiss the proposed class action rests on a faulty interpretation of the law.

  • August 31, 2015

    BofA's $9M, $3.6M Deals OK'd Despite 'Vexatious' Objector

    Bank of America Corp. has won final approval of a $9 million settlement with part-time employees and a $3.6 million deal in another class action over pay stubs, despite the objections of a nonclass member who injected himself into both cases, prompting the bank to call him “vexatious.”

Expert Analysis

  • Taking On LGBT Issues In The Texas Workplace

    Stephen J. Roppolo

    Same-sex marriage. Sexual orientation anti-discrimination ordinances. Transgender accommodations. Texas employers, already buffeted by changes in union organizing and wage-and-hour rules, should come to grips with the legislative and enforcement landscape over LGBT rights since the only constant in employment law is more change, says Stephen Roppolo of Fisher & Phillips LLP.

  • Mitigating FCA Whistleblower Risk When Employees Leave

    David Pivnick

    Effective exit interviews and questionnaires can be an important component in preventing and hindering future False Claims Act litigation. It is important to make departing employees feel comfortable revealing not only specific fraudulent activity, if identified, but also general disquiet about the company’s compliance culture, say members of McGuireWoods LLP, Duff & Phelps LLC and Axiom Law.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • Paid Sick Leave For Contractors Is Par For The Course

    Joshua F. Alloy

    President Obama's expected executive order on paid sick leave for workers employed by federal contractors and subcontractors is the latest in a series of employment-related executive orders intended to improve wages, benefits and terms and conditions of employment for employees of government contractors, says Joshua Alloy of Arnold & Porter LLP.

  • 1st Of Its Kind FCA Settlement May Not Be Last

    Andrew J. Finan

    The U.S. Department of Justice is claiming the settlement agreement with Pediatric Services of America Inc. is a “first of its kind” settlement because it is the first involving a health care provider’s failure to investigate, report and repay overpayments received from federal health care programs under Section 6402 of the Affordable Care Act. While the agreement may be the first of its kind, it likely won't be the last, says Andr... (continued)

  • Flawed Logic In DOL's Proposed White Collar Salary Test

    Deborah K. Foster

    The U.S. Department of Labor's justification for the historically high salary test for the white collar exemptions to the Fair Labor Standards Act is based on the assumption that workers who will fail the new salary test would also fail the duties test. However, comparisons of the likelihood of passing the duties test to average salaries by occupation demonstrate that assumption does not always hold, say economists at Edgeworth Economics LLC.

  • 5 Legal Considerations Before Firing Employees In Calif.

    Joshua R. Dale

    Unfortunately, wrongful termination lawsuits have increased. Particularly in California, once you decide to terminate an employee, there are a number of steps to take and considerations to make to protect your interests and ensure you conduct the termination with dignity, says Joshua Dale of Michel & Associates PC.

  • Confusion Over FCA’s Seal Requirements Continues

    Robert J. Sherry

    The Fifth Circuit's decision in Rigsby v. State Farm Fire & Casualty Co. and the Fourth Circuit's decision in Smith v. Clark/Smoot/Russell reaffirm that federal courts are highly reluctant to dismiss cases brought under the False Claims Act for breaches of its seal provisions. They also reinforce divisions among the circuits concerning the applicable standards for such dismissals, says Robert Sherry of Morgan Lewis & Bockius LLP.

  • 7th Circ. Again Limits Dukes, This Time In Teacher Case

    Gerald L. Maatman Jr.

    Chicago Teachers Union Local No. 1 v. Board of Education of the City of Chicago is significant for employers in that the Seventh Circuit, as it did in McReynolds v. Merrill Lynch Pierce Fenner & Smith Inc., certified a race discrimination class action even though the final alleged discriminatory decisions were based on subjective decisions by multiple decision makers. In so doing, the court further limited Wal-Mart Stores Inc. v. D... (continued)

  • A Tale Of 2 Cases Shows Dilemma Over Workplace Violence

    Mark A. Lies II

    The Ninth Circuit's ruling in Mayo v. PCC Structurals Inc. and an Occupational Safety and Health Review Commission administrative law judge's decision in Secretary of Labor v. Integra Health Management Inc. illustrate the competing liabilities health care employers face in their decision-making when responding to workplace violence, say Mark Lies II and Craig Simonsen of Seyfarth Shaw LLP.