Employment

  • October 20, 2014

    Detroit Could See Decision On Ch. 9 Exit Within Weeks

    The judge presiding over Detroit’s bankruptcy case said Monday that the city will likely find out in less than three weeks if it can exit the largest Chapter 9 in history under a plan that would erase more than $7 billion in debt and reinvest in essential services to reverse a half-century of civic decline.

  • October 20, 2014

    Some Nurses Can't Join Chicago Hospital Strike, Judge Rules

    An Illinois judge on Friday blocked 85 nurses from joining a planned strike this week at the University of Illinois Hospital and Health Sciences System in Chicago, agreeing with the hospital that a full-blown work stoppage threatened the safety of patients in certain critical departments.

  • October 17, 2014

    Same-Sex Marriage Bans Fall In Alaska, Arizona, Wyoming

    In a flurry of decisions Friday, same-sex couples can now marry in Alaska and Arizona, while a federal judge in Wyoming struck down that state’s gay marriage ban, but stayed the ruling for a week pending an appeal.

  • October 17, 2014

    Judge Won't Sanction Insurance Brokers In Discovery Spat

    A Florida federal judge on Thursday denied Guarantee Insurance Co.'s bid for sanctions against its insurance agent and broker over alleged discovery violations, ruling the defendants had not acted in bad faith in the dispute over the handling of an underlying workers’ compensation claim.

  • October 17, 2014

    Gov't Brings Intervening Complaint In Sikorsky FCA Suit

    The government has filed its complaint intervening in a False Claims Act suit against United Technologies Corp.’s Sikorsky Aircraft Corp. and its subsidiaries, which are accused of submitting false billing statements to the U.S. Department of Defense that hid an illegal 32 percent markup on vendor products.

  • October 17, 2014

    US Airways Pilots Near Settlement In Lump-Sum Pension Fight

    A group of former US Airways Group Inc. pilots are nearing a settlement with the airline’s pension plan trustee over accusations it takes too long to hand out lump-sum benefits, a D.C. federal judge revealed on Friday in a class certification order five months after the D.C. Circuit revived the case.

  • October 17, 2014

    Paint Retailer Spills $2.2M To End Meal Break Suit

    Paint retailer Frazee Industries Inc. has agreed to pay $2.2 million to resolve allegations it denied meal breaks to employees, made them pay for their own uniforms and failed to provide accurate wage statements, according to a filing Thursday in California federal court.

  • October 17, 2014

    AA Pilots Can't Challenge CBA Ruling, Judge Says

    A New York federal judge on Friday refused a challenge to a bankruptcy court’s approval of a collective bargaining agreement between American Airlines and a pilots’ union that scaled back benefits, finding a group of disgruntled pilots nearing retirement lack the standing to object.

  • October 17, 2014

    Former GLW Attys Launch LA Antitrust, Employment Boutique

    Four experienced attorneys who primarily last worked with Goldberg Lowenstein & Weatherwax LLP have banded together to form a Los Angeles-based firm called Kesselman Brantly & Stockinger LLP, which will focus on antitrust, employment and corporate litigation matters, the partners announced Wednesday.

  • October 17, 2014

    Littler Takes Aim At Claim Processing Patent In AIA Review

    Facing a patent infringement suit, employment law firm Littler Mendelson PC asked the Patent Trial and Appeal Board Thursday to invalidate Bashen Corp.'s patent on a system of processing equal employment opportunity claims, saying it covers nothing more than an abstract idea.

  • October 17, 2014

    Fla., Calif. Join US In FCA Suit Against Symantec

    Florida and California have joined the U.S. government in a whistleblower lawsuit accusing leading software developer Symantec Corp. of making false claims and statements resulting in its overcharging the governments by millions of dollars for its products, according to a new complaint filed Thursday.

  • October 17, 2014

    DirecTV Technicians Ask To Consolidate FLSA Suits

    A group of DirecTV Inc. technicians on Thursday asked to consolidate 11 Fair Labor Standards Act lawsuits accusing the satellite provider of misclassifying them as independent contractors to avoid wage-and-hour laws, arguing that the factual issues in the cases are nearly identical.

  • October 17, 2014

    SEC Whistleblower Head To Punish Cos. That Silence Tipsters

    In part one of a three-part peek behind the scenes of the U.S. Securities and Exchange Commission’s whistleblower office, director Sean McKessy says he’s actively pursuing cases against employers who to try to keep whistleblowers from coming forward.

  • October 17, 2014

    SEC Attorney Won't Appeal Toss Of Race Bias Suit

    A U.S. Securities and Exchange Commission attorney will not appeal a recent Washington federal court decision dismissing her race discrimination claims against the agency, according to a Thursday court filing.

  • October 17, 2014

    Abercrombie Hit With Overtime Class Action In Calif.

    Abercrombie & Fitch Trading Co. misclassifies its sales and stockroom associates as exempt from overtime wages even though they regularly work more than 40 hours in a week and are often “on call” during other shifts, according to a putative class action removed Thursday to California federal court.

  • October 17, 2014

    Trump Entertainment Allowed To Nix Union Deal In Ch. 11

    A Delaware bankruptcy judge Friday allowed Trump Entertainment Resorts Inc. to ax its collective bargaining agreement with the union representing more than 1,000 employees of the Taj Mahal and impose its alternative that trades pensions for 401(k)s and employer-provided health insurance for coverage under the Affordable Care Act.

  • October 17, 2014

    Modell's Gets Initial Nod On Overtime Settlement

    A New York federal court on Thursday gave preliminary approval to a class action settlement meant to resolve claims that Modell's Sporting Goods Inc. incorrectly classified its assistant store managers as exempt from overtime.

  • October 17, 2014

    PwC Worker Says Comcast Got Him Fired Over Service Calls

    A former PricewaterhouseCoopers LLP employee accused Comcast Corp. of getting him fired after he complained to Comcast about lackluster service, alleging Thursday in a $1 million suit in California federal court that Comcast exploited its business relationship with PwC to retaliate against him.

  • October 17, 2014

    The Employer's Survival Guide To Dealing With The EEOC

    When a worker files a U.S. Equal Employment Opportunity Commission bias charge, this sets in motion a unique process that not only can result in costly litigation but also can leave an employer branded as a serial discriminator. Law360 talked to top defense attorneys — as well as the EEOC — and their insights on navigating the investigation, conciliation and litigation stages of the agency process will be the subject of a three-article series that begins Tuesday.

  • October 17, 2014

    Texas Needs More Ebola Treatment Options, Task Force Says

    A Texas task force on infectious disease recommended that the state establish two Ebola treatment centers, expand authorization for health officials to order hospital staff exposed to Ebola to stay home and add laboratory capacity to diagnose infectious disease, Gov. Rick Perry said on Friday.

Expert Analysis

  • 7 Steps To Prepare For Dodd-Frank Whistleblowers

    Matt T. Morley

    Stay focused on the 120-day clock. Once 120 days have elapsed after potential wrongdoing is reported internally, a range of persons who would otherwise be ineligible for a Dodd-Frank whistleblower award suddenly becomes eligible, says Matt Morley of K&L Gates LLP.

  • 4 Ways To Minimize Risk In Retaliation Claims

    Mauro Ramirez

    Given the steady increase in retaliation claims filed with the U.S. Equal Employment Opportunity Commission, employers need to train managers before taking adverse employment actions — especially when they involve employees that may have engaged in protected activity, says Mauro Ramirez of Fisher & Phillips LLP.

  • Workplace Tasks On Trial In Integrity Staffing Arguments

    Nicholas Woodfield

    Oral arguments at the U.S. Supreme Court in Integrity Staffing Solutions Inc. v. Busk concerned whether various tasks were closely tied to the core ingress and egress concerns of the Portal-to-Portal Act, and elided the questions of time spent and employer motivation, say Nicholas Woodfield and R. Scott Oswald of The Employment Law Group PC.

  • 4th Circ. Sets High Court FCA Agenda For 2014-15 Term

    Ryan Hassanein

    In the last year, the U.S. Supreme Court has received no fewer than five petitions seeking review of Fourth Circuit decisions in False Claims Act cases. A review of the Fourth Circuit’s recent FCA decisions thus provides a peek inside six important FCA issues that the Supreme Court has recently thought about, say attorneys with Morrison & Foerster LLP.

  • 5 Communication Tips To Reduce Union Activity

    Stuart Fischer

    While conventional wisdom says labor unions are on the wane, income inequality and Millennials' entrance into the workplace could change that, and unions may be invited into a workplace simply because workers feel ignored. Better communication by managers can make a real difference, says Stuart Fischer of Finsbury.

  • Ex-Duane Reade CEO Case A Model For VWPA Restitution

    Lewis J. Liman

    The loss of a top officer to a criminal investigation is not unheard of, particularly in a change-of-control transaction. The Second Circuit’s ruling in a case involving a former Duane Reade Inc. CEO's securities fraud conviction establishes rules for companies to recover costs of investigation as restitution under the Victim and Witness Protection Act, say Lewis Liman and Breon Peace of Cleary Gottlieb Steen & Hamilton LLP.

  • 5 ACA Issues Employers Should Be Following

    David W. Garland

    In the wake of the Affordable Care Act, plaintiffs’ attorneys will likely use Section 510 of the Employee Retirement Income Security Act to sue employers that have reduced hours to limit their own liability under the employer mandate — such suits may even expose employers to class action liability, say attorneys at Epstein Becker & Green PC.

  • 5th Circ. Maritime Case May Set National Standard

    Joel B. Crane

    The Fifth Circuit majority opinion’s adherence to history, federal statutory law and U.S. Supreme Court precedent in McBride v. Estis Well Service LLC over limiting injured seamen and their heirs to pecuniary damages will undoubtedly serve as persuasive authority in defending against punitive damage claims in maritime cases nationwide, say attorneys at Sedgwick LLP.

  • A Primer On 'Bad Faith' In Federal Removal Jurisdiction

    Ugo Colella

    The Federal Courts Jurisdiction and Venue Clarification Act grants a federal district court discretion to permit removal after the one-year period if it finds a plaintiff has “acted in bad faith” to prevent removal, but it didn’t come with a clear definition of "bad faith." Recent case law offers some minimal guidance on how the exception should be interpreted, say Ugo Colella and Todd Seaman of Thompson Hine LLP.

  • Extrapolating False Claims: The Debate In US V. Life Care

    Chris Haney

    A Tennessee federal court's recent ruling in U.S. v. Life Care Centers of America Inc. could provide a foothold for the U.S. Department of Justice to promote further acceptance of the use of sampling and extrapolation to establish liability in False Claims Act cases, says Chris Haney of Duff & Phelps LLC.