Employment

  • September 15, 2014

    Ex-Citi Worker Says DR Horton Dooms Bid For Arbitration

    A former Citicorp Credit Services Inc. employee told an Idaho federal court on Friday that it properly relied on the National Labor Relations Board’s D.R. Horton decision to deny the bank’s bid to compel arbitration in a putative class and collective action wage suit.

  • September 15, 2014

    Workers In No-Poach Tech Case Say Pacts Were Per Se Illegal

    Software engineer plaintiffs in the antitrust class action accusing Google Inc., Apple Inc. and other major technology companies of agreeing not to hire each other's employees argued on Friday that the agreements should be presumed illegal under the per se standard, saying the companies mischaracterized the rule’s scope.

  • September 15, 2014

    Ex-McCarthy Atty Cites Privilege In $1.4M Dreier Fee Row

    A former Diamond McCarthy LLP partner told a Texas state court Friday that the firm is attempting to bypass the attorney-client privilege by forcing impermissible discovery in a $1.4 million breach of contract suit over fees she generated as Dreier LLP’s Chapter 11 trustee.

  • September 15, 2014

    DOL Floats Rule Banning Fed. Contractor Pay Secrecy

    Acting on an April executive order from President Barack Obama, the U.S. Department of Labor issued a proposed rule Monday that would bar federal contractors from firing or discriminating against employees or applicants who discuss their pay, or the pay of their co-workers.

  • September 15, 2014

    Syncora No Longer Needs Banks' Help On Detroit Deal

    Syncora Holdings Ltd. finalized a settlement on Monday of its objections to the city of Detroit's Chapter 9 restructuring that no longer requires concessions from two global investment banks, according to Syncora's attorney.

  • September 15, 2014

    US Fights Lockheed's Bid For Sanctions In Nuclear FCA Row

    A whistleblower's accusation that Lockheed Martin Corp. made fraudulent statements to the government in 1995 isn't new and discovery related to it shouldn't be sanctioned, the feds told a Kentucky federal court on Friday in a False Claims Act suit over services to a uranium enrichment plant.

  • September 15, 2014

    Health Org Urges High Court To Widen Pregnancy Protections

    A leading black women’s health organization has urged the U.S. Supreme Court to overturn a Fourth Circuit decision nixing a former United Parcel Service Inc. worker’s pregnancy and disability bias suit, arguing the Pregnancy Discrimination Act demands employers give broader accommodations to pregnant workers.

  • September 12, 2014

    Syncora-Detroit Deal Would Leave FGIC Alone As Holdout

    Closed-door mediation continued Friday on Detroit’s efforts to lock down a settlement that would remove Syncora Holdings Ltd. as an opponent to the city's Chapter 9 restructuring, as the other major holdout, Financial Guaranty Insurance Co., faces mounting pressure to surrender.

  • September 12, 2014

    NLRB Won't Change Course On Reduced Union Fee Notice

    The National Labor Relations Board has rejected its general counsel's invitation to overrule precedent and force unions to tell new hires covered by security clauses how much less they'd have to pay if they rebuffed the union and refused to fund certain union activities.

  • September 12, 2014

    GW Beats False Claims Act Suit By Spurned Grant Writer

    A D.C. federal judge Thursday dismissed a False Claims Act suit against George Washington University, ruling that former grant director John Lombardi had not shown that his termination would have caused the university to submit false claims under a $5 million State Department anti-terrorism subcontract.

  • September 12, 2014

    Christie Hit With Complaint Over Pension Fund Investments

    The New Jersey State AFL-CIO filed a complaint with the State Ethics Commission on Friday accusing Gov. Chris Christie and his administration of investing state pension funds into funds managed by the private equity firms of top political donors, in violation of the commission’s Code of Ethics.

  • September 12, 2014

    ProLogic Hits Subcontractor With $25M Trade Secrets Suit

    ProLogic Inc. slammed two former employees and its ex-subcontractor Aquarian Systems Inc. with a $25 million breach of confidentiality and tortious interference suit in Maryland federal court on Thursday, alleging they stole the company's software trade secrets to wrest away a U.S. Department of State contract.

  • September 12, 2014

    States Ask High Court To Overturn 7th Circ. Marriage Ruling

    Indiana and Wisconsin have asked the U.S. Supreme Court to review the Seventh Circuit’s recent decision overturning the states’ bans on same-sex marriage, arguing the cases provide ideal sets of facts to support a broader ruling on the historic issue by the high court.

  • September 12, 2014

    NFL Could Pay $950M Concussion Claims Over Decades

    The NFL could have to pay out roughly $950 million in total concussion claims over the course of its 65-year settlement term, assuming that roughly 60 percent of class members eligible for compensation participate in the deal, according to an actuarial report filed Friday.

  • September 12, 2014

    ACA Allows For Black Lung Benefits, 11th Circ. Rules

    The Eleventh Circuit ruled Friday that survivors of coal miners who had been denied survivor's benefits under the Black Lung Benefits Act could reapply and be awarded benefits thanks to amendments in the Affordable Care Act.

  • September 12, 2014

    Former Cartier Ad Director Wants Data Heist Row Tossed

    A former Cartier advertising director who allegedly plotted a digital heist of the jeweler’s trade secrets after accepting a position at rival Tiffany & Co. urged a New York federal judge on Thursday to toss the suit, saying she was permitted to access the information in dispute.

  • September 12, 2014

    6 Big Problems With Federalizing Trade Secrets Law

    Congress is poised to move forward with legislation that would create a federal private cause of action for trade secrets theft, but not everyone is happy with the idea. Here are six big problems with the proposed laws, according to those that have spoken out.

  • September 12, 2014

    McCormick To Pay $1.3M To Settle EEOC Race Bias Claims

    A Maryland federal judge has approved a $1.3 million settlement between McCormick & Schmick Restaurant Corp. and the U.S. Equal Employment Opportunity Commission, resolving claims the restaurant chain discriminated against African-American employees and applicants at two Baltimore locations.

  • September 12, 2014

    Netflix, Amazon Beat Ex-Exec's Suit Alleging ‘Blacklist’

    Netflix Inc. and Amazon.com Inc. on Friday beat a former Netflix executive's suit alleging Amazon wrongfully fired him from his new job there based on defamatory claims by former employer Netflix, as a California judge ruled the allegedly defamatory statements are protected speech under state law.

  • September 12, 2014

    Deloitte Workers Urge 9th Circ. To Recertify Class In OT Row

    A proposed class of Deloitte & Touche LLP unlicensed accountants and audit employees urged the Ninth Circuit on Friday to reverse a lower court's decision to decertify their statewide class action, arguing that a lower court wrongly ignored the fact that putative class members shared the same minimum training requirements.

Expert Analysis

  • Noncompetes And At-Will Employment At Issue In Wis.

    Brandon M. Krajewski

    An eventual decision by the Wisconsin Supreme Court in Runzheimer International Limited v. Friedlen should provide critical guidance to employers looking to secure new restrictive covenants with existing at-will employees without additional consideration, says Brandon Krajewski of Quarles & Brady LLP.

  • Mental Health Concerns Give Way To Broader Audit Concerns

    Daniel Chudd

    It remains to be seen whether the Senate bill intended to identify security-cleared personnel who are at risk of becoming unstable will pass and, if so, whether it will be effective. We have our doubts on both points, say Daniel Chudd and Esteban Morin of Jenner & Block LLP.

  • 5 Things To Consider Before Posting Social Media Policies

    Michael C. Schmidt

    The takeaway from recent National Labor Relations Board rulings concerning social media policies in the workplace is that it is critical to adopt best practices regarding employee communications — avoid overly broad, subjective and undefined terms when regulating potentially concerted activities, says Michael Schmidt of Cozen O'Connor PC.

  • Job Applications Can Cut Short Protracted Litigation

    Keith J. Rosenblatt

    With the decision in Rodriguez v. Raymours Furniture Company Inc., New Jersey’s judiciary joined federal or state courts in several other states that have permitted parties to the employment relationship to “agree” upon shorter limitations periods for employment-related claims. Employers following this approach should consider five guidelines, say Keith Rosenblatt and Rachel Seaton of Littler Mendelson PC.

  • Calif. Employers Should Be Ready To Reimburse Under BYOD

    Paula M. Weber

    The California Second District Court of Appeal's ruling in Cochran v. Schwan’s Home Services Inc. radically expands employers’ obligation to reimburse employees and does so without any significant support outside of the court’s own thinking, say attorneys at Pillsbury Winthrop Shaw Pittman LLP.

  • Document Storage Tips: Inside The Email Vault

    Jon Kessler

    The ability to make an informed decision when approaching any evidentiary collection or e-discovery project — ideally before your company’s IT team or legal counsel is under the gun of an active investigation or litigation — is key to smoothing what can be a complex and expensive process. Get to know your email archive system, says Jon Kessler of Epiq Systems Inc.

  • Clarity On Franchisor Liability, California Style

    Elizabeth (Lisa) Brown

    In Patterson v. Domino’s Pizza LLC, the California Supreme Court provided important guidance to both litigants and courts that it is not the quantity of the control in general, but the control over the relevant aspects of the relationship that should be analyzed when evaluating franchisor liability, says Lisa Brown of Grube Brown & Geidt LLP.

  • ACA Contraception Accommodations May Not End Strife

    Jean C. Hemphill

    The federal government's latest attempt to balance the religious convictions of employers with the rights of secular employees to obtain contraceptive services covered under the Affordable Care Act may be undermined by the Tenth Circuit's eventual decision in Little Sisters of the Poor v. Burwell, says Jean Hemphill of Ballard Spahr LLP.

  • Conducting A Braintrust Review Of The Complex Case

    David H. Dolkas

    The job of the Pixar "Braintrust" is to provide feedback on a film in production to assist the director in taking the film from "suck to not-suck." Let’s be honest. The same basic truth applies to complex cases. Early on, most briefs and opening or closing arguments are not good, say Dave Dolkas of McDermott Will & Emery LLP and Larry Collins of CaseSight Inc.

  • Calif.'s Arbitration Aversion Is Futile Post-Concepcion

    Brian Lauter

    Malone v. Superior Court is a victory for employers seeking to enforce arbitration agreements, however it does leave the door open to unconscionability arguments where delegation clauses only narrowly delegate the issue or their language is not "clear and unmistakable," say Brian Lauter and Elizabeth McHugh-Sivore of Robins Kaplan Miller & Ciresi LLP.