Employment

  • October 30, 2014

    Whistleblower Pushes For KBR Docs Given Only To Gov't

    A whistleblower asked a D.C. federal court Thursday to make KBR Inc. hand over nearly 70,000 pages of documents it produced in response to a 2007 government subpoena related to his claims that KBR overbilled and accepted kickbacks during the Iraq War.

  • October 30, 2014

    Family Dollar Pays $2.3M To Settle Manager OT Class Action

    A Colorado federal judge signed off Thursday on a $2.3 million class action settlement resolving allegations that Family Dollar Stores Inc. improperly classified store managers as exempt from overtime.

  • October 30, 2014

    9th Circ. Revives Amgen ERISA Suit After High Court Remand

    The Ninth Circuit on Thursday revived a putative Employee Retirement Income Security Act class action against Amgen Inc. for a second time, after the U.S. Supreme Court vacated its first ruling, saying the high court's ruling doesn't shield Amgen from liability for a dip in the company's stock price.

  • October 30, 2014

    Judge Demands NFL Union's Input In Players' Painkiller Case

    The California federal judge presiding over former National Football League players' class action claiming the league encouraged them to abuse painkillers demanded input from the players union Thursday, saying he can't decide whether to toss the case without first learning whether the players exhausted their union grievance opportunities.

  • October 30, 2014

    3 Tips For Keeping Noncompetes In Check

    Reports that sandwich chain Jimmy John's requires low-level workers to sign noncompete agreements have prompted media and congressional criticism, and attorneys say the situation shows the downsides of a one-size-fits-all approach to restrictive covenants. Here, attorneys offer advice on how to keep a noncompete from going too far.

  • October 30, 2014

    EEOC Invokes Privilege On Docs In Dollar General Bias Suit

    The head of the U.S. Equal Employment Opportunity Commission told an Illinois federal court Wednesday that government privilege shields analysis and recommendation documents regarding the agency's decision to file a race bias suit over Dollar General's use of background checks in hiring.

  • October 30, 2014

    LA Beats Union Workers' Suit Over Pension Payment Hike

    A California appellate panel Wednesday tossed a putative class action brought by public workers who alleged the city of Los Angeles and their unions illegally increased their pension contributions to avert layoffs during a fiscal emergency, saying the employees' contracts were properly modified through a mutual agreement.

  • October 30, 2014

    Sony Settles EEOC’s ADA Suit Over Fired Amputee

    Sony Electronics Inc. and the U.S. Equal Employment Opportunity Commission have settled a suit in Illinois federal court accusing the electronics manufacturer of violating the Americans with Disabilities Act by firing an amputee.

  • October 30, 2014

    UPS High Court Brief Signals Pregnancy Accommodation Shift

    United Parcel Service Inc. told the U.S. Supreme Court that it didn't violate the law by denying a pregnant worker's request for light duty in 2006 but added that it was changing course and making temporary light duty work available to pregnant employees with physical restrictions.

  • October 30, 2014

    Ford Tells 6th Circ. EEOC Shouldn't Force Telecommuting

    Ford Motor Co. did not have to accept a request from an employee with irritable bowel syndrome to work from home most of the week, the company told the Sixth Circuit on Wednesday in a U.S. Equal Employment Opportunity Commission disability bias suit.

  • October 30, 2014

    Jersey Mike’s Owner Is Slicing Into Overtime Pay, Suit Says

    A Florida franchisee of several Jersey Mike’s Franchise Systems Inc. sub shops was hit with a putative class action Wednesday accusing him of evading federal overtime regulations by splitting up employees’ hours across his nine stores.

  • October 29, 2014

    Calif. Court Cites Iskanian, Sends OT Row To Arbitration

    A California appeals court on Wednesday sent to arbitration a class action accusing Fred Loya Insurance Agency Inc. of shorting employees on minimum wage and overtime pay, reversing a lower court’s refusal to do so following the California Supreme Court’s landmark Iskanian decision.

  • October 29, 2014

    Calif. Panel OKs $6M Fee Award In Robert Half Settlement

    A California appeals court on Wednesday affirmed a $6.3 million fee award in staffing firm Robert Half International Inc.'s $19 million labor violations settlement, ruling that a trial court did not err in using a percentage, instead of a lodestar, to calculate the award.

  • October 29, 2014

    High Court Review Looms As NLRB Digs In On Horton

    The National Labor Relations Board doubled down on its heavily contested D.R. Horton decision Tuesday, calling arbitration agreements barring employee class actions unlawful and solidifying a split with federal courts that attorneys say will have to be resolved by the U.S. Supreme Court.

  • October 29, 2014

    Software Co. Says Rival Raided Staff, Stole Trade Secrets

    Risk management software company Reval.com Inc. slapped rival Kyriba Corp. with a $3.7 million suit in New York state court alleging it improperly sought to obtain an unfair competitive advantage by poaching employees and seeking out confidential trade secrets.

  • October 29, 2014

    Biomet Pays $6M To End FCA Suit Over Bone-Growth Device

    Biomet Inc. will pay $6 million to resolve a whistleblower’s False Claims Act suit in New Jersey federal court alleging that it showered doctors' office staff with kickbacks to encourage use of bone-growth stimulators and improperly billed Medicare for refurbished medical devices, the U.S. Department of Justice said Wednesday.

  • October 29, 2014

    Coca-Cola To Pay $750K To Settle Calif. Wage-And-Hour Suit

    The Coca-Cola Co. on Tuesday agreed to pay $750,000 to a putative class of customer service technicians, urging a California federal court to preliminarily approve a settlement that would resolve allegations that it stiffed the workers on pay for commute time, vacations and expense reimbursements.

  • October 29, 2014

    Skanska Wants Troutman DQ'd From Suits Over Brooklyn Site

    Skanska USA Building Inc. on Monday sought to disqualify Troutman Sanders LLP from representing subsidiaries of developer Forest City Ratner Cos. LLC in three suits over a modular building project in Brooklyn’s $4.9 billion Pacific Park, claiming Troutman already represents a related Skanska company.

  • October 29, 2014

    Union's CBA Law Noncompliance Voids Wage Hike: Pa. Court

    The Pennsylvania Commonwealth Court on Wednesday agreed with a lower court that a union's failure to abide by state law requirements governing the process for selecting an arbitration panel voided a wage increase ultimately won by police officers in Gettysburg.

  • October 29, 2014

    ACA Birth Control Rules For Nonprofits Draw Continued Fire

    The Obama administration is encountering fresh concerns with its latest tweaks to the Affordable Care Act’s contraception mandate, according to newly released comments that show insurers worrying about how exceptions will be administered and religious employers continuing to express faith-based objections.

Expert Analysis

  • Don't Post, Pin Or Push Your Luck On Social Media

    Michael T. Landen

    Read together, recent case law on social media in the workplace appears to support the First Amendment right to free speech, but allows employers to terminate employees if their social media conduct reflects poorly on the employer, says Michael Landen of Kluger Kaplan Silverman Katzen and Levine PL.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • ERISA To The Rescue: Preemption Of State Law Prevails

    Douglas Darch

    The Sixth Circuit’s ruling in Sherfel v. Newson reinforces the existing interpretation of the Employee Retirement Income Security Act — state law is preempted when it subjects ERISA-governed plans to different legal obligations or requires the plan administrator to pay different benefits than the plan otherwise provides, say attorneys at Baker & McKenzie.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • 5 Issues For Employers To Consider When Shaping Benefits

    Michelle Capezza

    In light of recent legal developments, most notably passage of the Affordable Care Act, and ongoing national issues, such as America's looming retirement crisis, corporate employers will continue to face incredible challenges to their offered health and benefit plans, says Michelle Capezza of Epstein Becker & Green PC.

  • Japan's Trade Secret Law Reform Should Focus On Discovery

    York Faulkner

    Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • The State Of Same-Sex Marriage In Florida

    Brad Gould

    If the Eleventh Circuit overturns the ruling in Brenner v. Scott, then Florida’s ban on same-sex marriage would remain in place — making the Eleventh Circuit the only circuit to uphold such a ban and opening the door to U.S. Supreme Court review, say Brad Gould and Dana Apfelbaum of Dean Mead Minton & Zwemer.