Employment

  • September 2, 2014

    Baker & McKenzie Adds Labor, Antitrust Pros In Hong Kong

    Baker & McKenzie LLP has nabbed two leading employment and competition attorneys from Linklaters LLP and Clifford Chance LLP for its Hong Kong office, the firm announced Monday.

  • September 2, 2014

    Choctaw Tribe Asks Justices To Pass On Dollar General Case

    The Mississippi Band of Choctaw Indians has urged the U.S. Supreme Court to pass on a Dollar General Corp. appeal that could limit tribal courts' jurisdiction over nonmembers, countering a banking group's contention that companies will avoid doing business with tribes if a decision against the retailer isn’t overturned.

  • September 2, 2014

    Restaurant Co. Settles DOJ's Citizenship Discrimination Claim

    The U.S. Department of Justice said Tuesday it has reached a settlement with Texas-based Culinaire International to resolve a claim that the catering and restaurant management company engaged in citizenship discrimination by unlawfully placing documentary burdens on its permanent resident employees.

  • September 2, 2014

    Taco Bell Workers Didn't Prove Illegal Break Policy: Judge

    A California federal judge has ruled that a certified class of Taco Bell Corp. workers failed to provide proof of a policy they allege denied the workers timely meal breaks, rejecting their request to find the fast-food chain liable for breaking state law.

  • August 29, 2014

    Exxon Ruling Gives Employers More Leeway In Bonus Plans

    The Texas Supreme Court on Friday upheld an Exxon Mobil Corp. plan that stripped a top executive of $5 million in nonvested stock rights when he joined a rival energy firm, paving the way for more employers to use incentive plans to keep top talent in place without running afoul of the state's noncompete laws.

  • August 29, 2014

    Verizon Whistleblower Seeks High Court Review Of FCA Suit

    A whistleblower who twice sued Verizon Communications Inc. under the False Claims Act for allegedly fraudulent billing practices asked the U.S. Supreme Court to consider a lower court’s dismissal of his second suit under the first-to-file bar provision, citing a circuit split and a dissent from D.C. Circuit Judge Sri Srinivasan.

  • August 29, 2014

    EBay’s $4M Deal In Calif.’s No-Poach Case Wins Judge’s OK

    A California federal judge granted preliminary approval Friday to eBay Inc.’s $3.75 million settlement in state prosecutors’ case over eBay’s anti-competitive agreement not to poach Intuit Inc.’s workers, a sibling to the recently rejected $324.5 million class action deal between tech giants and Bay Area engineers.

  • August 29, 2014

    Gay Marriage Ban Challenges Cleared For Florida High Court

    A Florida appeals court has rejected the state attorney general's request to stay its appeals of two rulings overturning the state's same-sex marriage ban, instead consolidating and certifying them for consideration by the Florida Supreme Court.

  • August 29, 2014

    Legal Recruiter Can Seek Injunction To Block Web Defamation

    The Texas Supreme Court said Friday that a legal recruiter’s former employer can be forced to remove allegedly defamatory Internet postings accusing him of bribing an associate at K&L Gates LLP, but the company cannot be prohibited from making similar statements in the future.

  • August 29, 2014

    Texas Justices Say Jury Charge Objections Can Be Untimely

    The Texas Supreme Court on Friday held that courts may set deadlines for objections to jury instructions, affirming a lower court’s order that found that a dredging vessel owner's objection to a jury instruction in a dispute over a worker's injury was untimely.

  • August 29, 2014

    Comcast Class Was Rightly Decertified, Appeals Court Says

    A California appeals court on Thursday affirmed a lower court’s decision to decertify a class of technicians in a suit brought against Comcast Corp. for allegedly overworking them and denying them meal and rest breaks, holding that data from a system for measuring the technicians’ time was unreliable.

  • August 29, 2014

    What To Watch For At Detroit's Ch. 9 Trial

    More than Detroit’s financial future is at stake in the battle royale that will kick off Tuesday on the city’s proposed restructuring, attorneys say  — it will also dictate how distressed municipalities nationwide can fix their lopsided balance sheets in the face of runaway pension costs.

  • August 29, 2014

    $42M Payday For NYC School Bus Drivers Ripe For Challenge

    A move by New York City leaders to mitigate pay cuts imposed on school bus drivers under less labor-friendly contracting rules by granting them $42 million is rankling spending watchdogs as well as contractors who won't accept the payout quietly, experts say.

  • August 29, 2014

    EXCLUSIVE: SEC Mistakenly Reveals Whistleblower's Employer

    In trumpeting its first-ever whistleblower award to a compliance and audit professional, the U.S. Securities and Exchange Commission on Friday also inadvertently disclosed information that could be used to determine the identity of a person who faced an enforcement action because of the whistleblower’s tip.

  • August 29, 2014

    Va., Okla. Same-Sex Couples Urge High Court To Hear Cases

    Following decisions in their favor, same-sex couples from Virginia and Oklahoma have urged the U.S. Supreme Court to review rulings that found against same-sex marriage bans in their states, saying the time is now to clarify whether those types of prohibitions are unconstitutional.

  • August 29, 2014

    Contractor Asks High Court To Review Mo. Deferred Comp Tax

    A contractor to the U.S. Department of Labor has petitioned the U.S. Supreme Court to hear its case arguing that the Missouri director of revenue wrongly counted a trust created for a deferred compensation plan as business income.

  • August 29, 2014

    Feds Rip PhRMA's Free Speech Claims In FCA Off-Label Suit

    The U.S. Department of Justice is urging a California federal judge to reject free speech arguments advanced in a False Claims Act case by Pharmaceutical Research and Manufacturers of America, adding more fuel to a fiery debate surrounding punishment of off-label promotion.

  • August 29, 2014

    Providers Get Conditional Cert In UnitedHealth Claims Suit

    A New Jersey federal judge on Thursday granted conditional class certification in a suit alleging UnitedHealth Group Inc. improperly demanded reimbursement for overpaid claims, but the class lost a lead plaintiff after the judge reconsidered an earlier determination of the plaintiff's standing to sue.

  • August 29, 2014

    Planned Parenthood Must Face FCA Claims, 8th Circ. Says

    The Eighth Circuit on Friday revived most of a former Planned Parenthood employee's whistleblower suit, breathing new life into allegations that the health care provider engaged in a multiyear scheme of submitting false Medicaid claims that resulted in inflated reimbursements.

  • August 29, 2014

    Abercrombie & Fitch Settles Shareholder Suit Over CEO Pay

    Retailer Abercrombie & Fitch Co. on Friday reached a settlement in Ohio federal court with a shareholder who accused company directors including CEO Michael Jeffries of violating their fiduciary duties by failing to link CEO pay with performance and other lapses.

Expert Analysis

  • Keep An Eye On The US-Guatemala Labor Dispute

    Joseph Laroski

    Companies doing business in Central America may want to pay attention to an approaching deadline in a labor law dispute between the United States and Guatemala over the country’s alleged failure to enforce its labor laws in the apparel, agricultural, and food processing industries, says Joseph Laroski, counsel with King & Spalding LLP and former associate general counsel in the Office of the U.S. Trade Representative.

  • Texas Agrees, 'I Agree' Clause Can Mandate Arbitration

    Richard Raysman

    If a Texas appellate court had found the particular clauses of intent within a contractual agreement between independent representatives and their employer in Momentis U.S. Corp. v. Weisfeld insufficient for the purposes of contract formation then it would likely have undone the balance of online contracts, says Richard Raysman of Holland & Knight LLP.

  • Lessons On Corporate Values From Hobby Lobby

    John P. Vail

    Reports of the demise of corporate social responsibility may be greatly exaggerated. Those considering the U.S. Supreme Court ruling in the Hobby Lobby case would be wise to focus on the decision makers, not just the decision itself, says John Vail of Quarles & Brady LLP.

  • Contention Over EEOC Conciliation Continues

    Gerald L. Maatman

    U.S. Equal Employment Opportunity Commission v. New Prime Inc. demonstrates that the U.S. Supreme Court's eventual ruling in Mach Mining will be a game changer for employers since the EEOC's current position basically claims that courts should simply take the commission's word when its claimed to have negotiated in good faith, say Gerald Maatman Jr. and Howard Wexler of Seyfarth Shaw LLP.

  • 4th Circ. RJR Pension Case Could Change ERISA Landscape

    Myron D. Rumeld

    If the Fourth Circuit's reasoning in Tatum v. RJR Pension Investment Committee is adopted elsewhere the case could substantially impact the future conduct of fiduciary breach litigation as well as plan practices in administering stock funds, say Myron Rumeld and Russell Hirschhorn of Proskauer Rose LLP.

  • Big Data's Potential Disparate Impact Problem

    David J. Walton

    While big data can help eliminate individual biases in an employer's hiring process, the potential for disparate impact litigation arising from data analytics is real and imminent — even a program that is neutral on its face could result in disparate impact on protected classes, says David Walton of Cozen O'Connor PC.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • Inside 2nd Circ. Ruling On Overseas Whistleblower

    Mary Beth Hogan

    For companies with global operations, the Second Circuit's recent decision in Liu v. Siemens AG should provide at least some level of comfort that allegations by foreign employees regarding conduct exclusively outside the United States are outside the reach of Dodd-Frank’s anti-retaliation provision, say attorneys with Debevoise & Plimpton LLP.

  • NY Court Cuts Back On Runner Doctrine

    David M. Cost

    While New York plaintiff attorneys will likely continue to fit cases where a plaintiff does not fall or no object falls on him under Labor Law Section 240(1), Diaz v. Globalfoundries U.S. Inc. may serve as a basis to move for summary judgment in the event the evidence shows that an object neither fell nor was on a descent when injury occurred, says David Cost of Hiscock & Barclay LLP.

  • 6th Circ. Reminds Employers Of Collective Action Danger

    Chuck Mataya

    The Sixth Circuit's ruling in Killion v. KeHe Distributors should remind employers that they accept a risk — which is compounded by the threat of a collective action — whenever they treat an employee as exempt under the Fair Labor Standards Act, says Chuck Mataya of Bradley Arant Boult Cummings LLP.