Employment

  • August 26, 2016

    Court Misread FCA In Chopper Co. Bribery Suit, DOJ Says

    The U.S. Department of Justice filed an amicus brief with the Eleventh Circuit Thursday in a whistleblower suit accusing MD Helicopters Inc. of bribery and selling overpriced choppers that, while neutral, argued these types of allegations can incur False Claims Act liability.

  • August 25, 2016

    NLRB Rules It Has Jurisdiction Over NY, PA Charter Schools

    The National Labor Relations Board decided in two rulings Wednesday that a charter school in New York and a separate charter school in Pennsylvania are both within the board’s jurisdiction and not exempt as political subdivisions under the National Labor Relations Act.

  • August 25, 2016

    Forever 21 Trans Worker's Bias Suit Headed To Arbitration

    Forever 21 Inc. won its bid to compel arbitration of a federal discrimination and retaliation suit brought by a transgender former worker after a New York federal judge found that a contract with an arbitration provision was “valid and enforceable.”

  • August 25, 2016

    NLRB Back Pay Rule A Win For Workers, With Limited Effect

    The National Labor Relations Board handed workers another win Wednesday when it revamped the formula it uses to calculate back pay for individuals who have been unlawfully terminated, a decision that attorneys said breaks new ground but ultimately may be too infrequent to spell big expenditures for employers.

  • August 25, 2016

    Voice Of America News Workers Lose $400M Wage Battle

    A U.S. Federal Claims Court judge on Wednesday threw out a $400 million proposed employment class action by Voice of America workers who alleged the federal agency that oversees the taxpayer-funded international news broadcaster misclassified them as independent contractors and denied them benefits and pay as a result.

  • August 25, 2016

    Dept. Of Labor Hits 6 NY Nail Salons With Wage Violations

    Six Long Island, New York, nail salons were ordered Wednesday to pay more than $200,000 in back wages and civil penalties after the U.S. Department of Labor found the businesses violated overtime and recordkeeping rules for employees, discoveries that came as part of an ongoing crackdown on an industry accused of exploiting immigrants.

  • August 25, 2016

    Calif. Supreme Court Won't Hear Asbestos Suit

    California’s high court on Thursday declined to review a lower court’s ruling that found that a car parts machinery maker could be held liable in an asbestos suit, since it knew about the inevitable risk of asbestos exposure on the job and could have provided a safer working environment.

  • August 25, 2016

    DOL Defends Authority For Fiduciary Rule In DC Court

    The D.C. federal judge presiding over the first major challenge to the U.S. Department of Labor’s fiduciary rule said in court Thursday that he was puzzled over whether the agency had exceeded its authority by enabling investors to sue financial institutions under state contract law, suggesting such a right is normally conferred by Congress.

  • August 25, 2016

    Potato Chip Maker To Pay $2M To Settle Drivers' OT Suit

    Potato chip manufacturer Herr Foods Inc. and a class of delivery drivers suing it over alleged failure to pay overtime on Thursday asked a Pennsylvania federal judge to approve a $2 million settlement of the claims and about $660,000 in attorneys’ fees.

  • August 25, 2016

    Sedgwick Seeks Arbitration In Partner's Gender Bias Suit

    Sedgwick LLP has asked a California federal judge to permit it to arbitrate claims with a partner who filed a proposed class action accusing the firm of gender-based discrimination, saying she signed a binding and enforceable partnership agreement.

  • August 25, 2016

    KAG West To Pay $4.2M To End Union Driver Wage Dispute

    KAG West LLC has agreed to pay $4.2 million to resolve claims the tanker truck transportation provider unlawfully withheld raises from union workers, the employees’ union said Wednesday, ending the company’s D.C. Circuit appeal of an adverse ruling last year by the National Labor Relations Board.

  • August 25, 2016

    National Freight Pays $1M In Back Pay To End OT Probe

    National Freight Inc. agreed to pay more than $1 million in back pay to 357 employees after an investigation by the U.S. Department of Labor concluded that some of them may have been misclassified as exempt from overtime pay, the agency said Thursday.

  • August 25, 2016

    Chevron Workers Aim To Revive Travel Pay Claims On Appeal

    Former Chevron gas station workers urged a California appellate panel Thursday to reverse a class certification denial for thousands of employees in their suit claiming workers were shortchanged on travel pay, saying a lower court wrongly ruled individual questions on why they weren't paid predominated.

  • August 25, 2016

    $29M D&O Deal Needs Another Look, Mont. Justices Say

    Montana's highest court has again asked a lower court to re-evaluate whether a $29 million settlement between directors at Tidyman's Management Services Inc. and shareholders protesting a merger was reasonable, after previously ruling that an American International Group insurer breached its duty to defend the executives in the litigation.

  • August 25, 2016

    US Chamber Backs Murray In EPA Coal Jobs Suit

    The U.S. Chamber of Commerce told a West Virginia federal court Wednesday the Environmental Protection Agency shouldn’t be able to escape a suit in which Murray Energy Corp. alleges the agency ignored the consequences of its air pollution regulations on jobs, saying the Clean Air Act imposes burdens and results in job losses across the energy sector.

  • August 25, 2016

    Texas Drilling Pay Suit's Arbitrability Out Of Court's Hands

    A Texas federal judge on Thursday said an arbitrator — not the courts — should decide whether a drilling worker’s claims he and others were wrongly not paid overtime compensation can be heard as a collective action or if their claims must go forward individually.

  • August 25, 2016

    NLRB Won't Rethink Ruling Over Replaced Striking Care Staff

    A National Labor Relations Board panel declined to reconsider a 2-1 ruling ordering a California long-term care facility to hire back union workers it replaced after a strike, rejecting the facility’s arguments the board made new law or caused “manifest injustice” through its decision.

  • August 25, 2016

    Rainmaker Q&A: Atkinson Andelson's Nate Kowalski

    Getting clients to trust you to solve their problems doesn’t happen overnight. In one case, it took at least a dozen correspondences and two years of courtship before I got assigned one small case. As Christopher Morley said, “Big shots are only little shots who keep shooting," says Nate Kowalski of Atkinson Andelson Loya Ruud & Romo.

  • August 25, 2016

    Insurer Calls Bid To Toss Trade-Secrets Suit A Contradiction

    USG Insurance Services Inc. again Wednesday urged a Pennsylvania federal judge to keep alive its trade-secrets suit alleging a former broker went beyond breaking his employee contract by poaching the company’s clients and defecting to a competitor, calling the competing company hypocritical for bringing the same claims in similar suits.

  • August 25, 2016

    Barnes & Thornburg Adds Employment Partner From Littler

    Barnes & Thornburg LLP recently said it has bolstered its Chicago office with the addition of an employment partner who comes from Littler Mendelson PC.

Expert Analysis

  • 2nd Circ. Stresses Low Standard For Discrimination Claims

    Brian Lehman

    In its recent decision in Doe v. Columbia University, the Second Circuit repeatedly emphasized that plaintiffs only need to allege facts giving rise to a “minimal plausible inference” of intent when alleging illegal discrimination. As a result, district courts will be more likely to deny motions to dismiss complaints of discrimination and allow discovery on the claims to move forward, says Brian Lehman at The Lehman Law Group LLC.

  • Calif. High Court Goes Against The Arbitration Grain

    E. Martin Estrada

    The California Supreme Court's recent decision in Sandquist v. Lebo Automotive will likely have a major impact on class action and arbitration litigation. Given the Golden State’s economic prominence, those doing business in California would be wise to take heed of Sandquist in considering how to craft and carry out their arbitration agreements, say Martin Estrada and Bethany Kristovich at Munger Tolles & Olson LLP.

  • How Clinton Could Enact Broad Immigration Reform

     Charles C. Foster

    For students of immigration policy, this presidential election offers the greatest contrast between two major presidential candidates of any election in more than a century. Undoubtedly, comprehensive immigration reform could be one of the major victories of a newly elected President Hillary Clinton, says Charles Foster, chairman at Foster LLP and former immigration policy adviser to Presidents George W. Bush and Barack Obama.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • CFAA Clarity From 9th Circ. Password-Sharing Decisions

    Hanley Chew

    Coming less than two weeks apart in July, the Ninth Circuit's decisions in U.S. v. David Nosal and Facebook v. Power Ventures provide some guidance — at least in the Ninth Circuit — concerning when password-sharing is permissible under the Computer Fraud and Abuse Act, say Hanley Chew and Sebastian Kaplan of Fenwick & West LLP.

  • Ailes Scandal Puts Sex Discrimination Issues In Plain View

    Debra Katz

    Regardless of the outcome of ex-Fox News host Gretchen Carlson’s recent lawsuit against former Fox News Chairman Roger Ailes, the scandal set off by her sexual harassment allegations graphically illustrates how employers can enable and protect harassers through years of egregious sexual discrimination, say Debra Katz and Hannah Alejandro at Katz Marshall & Banks LLP.

  • Risk Management Tips For Attys Serving As Local Counsel

    Patrick S. (Sean) Ginty

    Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)

  • SEC Enforcement Hammer Protects Whistleblowers

    Thomas A. Zaccaro

    The U.S. Securities and Exchange Commission's recent settlements with Health Net and BlueLinx confirm not only its aggressive approach to encouraging whistleblowers, even in the absence of an actual Rule 21F-17 violation, but also the inherent risks companies face when navigating through the current SEC “broken windows” enforcement climate, say attorneys at Paul Hastings LLP.

  • DTSA — New Strategy For 'Bring Your Own Cloud' Issues

    Christina Von der Ahe

    Recent controversies in federal courts around the country illustrate the potential pitfalls employers face in crafting use parameters that permit employee flexibility while fully addressing the risks of cloud computing and "bring your own cloud" policies. The Defend Trade Secrets Act may provide an effective tool for companies, say Christina Von der Ahe and Daniel Corbett of Orrick Herrington & Sutcliffe LLP.

  • Beware The 'Standard' Mediation Confidentiality Agreement

    Jeff Kichaven

    There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.