Employment

  • July 22, 2016

    9th Circ. Grants Cert. To Transport Co. Drivers In Break Spat

    The Ninth Circuit ruled Thursday that a California federal court wrongfully denied certification to two classes of Renzenberger Inc. drivers accusing the transport company of rest break and minimum wage violations, saying the judge jumped the gun on deciding certain issues against the drivers.

  • July 22, 2016

    9th Circ. Won't Put Off Ex-Reuters Editor's Hacking Sentence

    The Ninth Circuit on Thursday shot down former Reuters social media editor Matthew Keys’ bid to stay out of prison while he appeals his conviction and two-year sentence on charges that he helped the hacker group Anonymous break into the Los Angeles Times’ website and alter content.

  • July 22, 2016

    Uber Won’t Get Arbitration For Philly Limo Driver Wage Suit

    A Pennsylvania federal judge on Thursday denied Uber Technologies Inc.'s request to compel arbitration in a wage violation suit brought by a purported class of the ride-hailing company’s Philadelphia limousine drivers, ruling those drivers opted out of Uber's arbitration agreement and cannot be forced into it now.

  • July 22, 2016

    Chamber Of Commerce Criticizes Executive Incentive Pay Rule

    The U.S. Chamber of Commerce on Thursday said that a proposed rule to regulate incentive compensation for senior bank executives, traders and other financial services employees is fraught with problems and has the potential to chill the kind of risk-taking that spurs economic growth and job creation.

  • July 22, 2016

    WWE Gets Partial Win In Consolidated Concussion Suit

    A Connecticut federal judge handed World Wrestling Entertainment Inc. a partial win in a consolidated action alleging fraud surrounding its handling of concussion risks, declining to reconsider an order keeping one suit by a pair of ex-wrestlers alive but reviving its bid for declaratory judgment against others threatening litigation.

  • July 22, 2016

    8th Circ. Affirms Siemens' Win In Discrimination Suit

    The Eighth Circuit on Thursday upheld Siemens Diagnostic Inc.’s win in a race discrimination suit brought by a former service technician, finding there was no evidence that bias played a role on the part of the Siemens’ manager whose decision it was to terminate him.

  • July 22, 2016

    Calif. CVS Pharmacists Not Paid For Training, Suit Says

    A proposed class of pharmacists for CVS Pharmacy Inc. has sued the company in California state court, alleging that it failed to properly compensate regular and overtime wages for completing company-mandated training modules.

  • July 22, 2016

    4 Ways Employers Can Avoid Pokemon Problems

    Just weeks after its release, smartphone game "Pokemon Go" has become so ubiquitous in pop culture that it already rivals Twitter in terms of daily users, creating a legion of dedicated players — some of whom play on work time on company-issued mobile devices. Here, legal experts explain four pitfalls employers may face from the Pokemon craze and how to sidestep them.

  • July 21, 2016

    Northern Trust Can’t Nix LA’s $95M Pension Fund Loss Suit

    A California judge Thursday denied Northern Trust’s bid to toss Los Angeles’ suit over $95.6 million in city pension losses through risky mortgage-backed securities, saying though restitution is the "dog, not the tail" of the case, it was still inappropriate as the basis to nix the suit.

  • July 21, 2016

    Ex-Hyperloop One Workers Slammed With $250M Countersuit

    Hyperloop One, a high-speed transportation startup with dozens of pending patent applications, has launched a $250 million countersuit in California state court this week against a team of former engineers who recently left the organization and who filed what the company calls a "sham" suit in a supposed takeover attempt.

  • July 21, 2016

    Fed. Circ. Kills $20M AngioScore Win For Jurisdiction Flub

    The Federal Circuit on Thursday scrapped AngioScore Inc.'s $20 million win on breach of duty claims against a former board member and rival TriReme Medical LLC over a heart catheter design, ruling the California state law claim never should have been heard in federal court.

  • July 21, 2016

    Penske Wins Decertification Of 3 Subclasses In Break Suit

    A California federal judge on Wednesday decertified several subclasses in a long-running wage-and-hour class action alleging Penske Logistics LLC failed to provide truck drivers proper meal breaks, saying there wasn't proof that Penske had a blanket policy of denying workers their rest breaks.

  • July 21, 2016

    State Lawmaker Wins Suit Over ACA Contraceptive Mandate

    A Missouri federal judge granted a win to a state lawmaker and his wife suing the government over the Affordable Care Act's contraceptive mandate, finding that the law requiring insurance plans to provide such coverage in their plan violates their rights under the Religious Freedom Restoration Act.

  • July 21, 2016

    $6M Deal OK'd, Ends 18K Pizza Hut Workers' Wage Claims

    A California judge on Thursday granted preliminary approval to Pizza Hut Inc.'s deal to pay $6 million to resolve claims that it shorted 18,000 Golden State workers on their wages by not compensating them for missed breaks and by stiffing delivery drivers on vehicle reimbursements.

  • July 21, 2016

    Strip Club Giant Says Dancers Must Arbitrate Claims

    International strip club operator Deja Vu Consulting Inc. asked a Florida federal judge Wednesday to compel arbitration with a former exotic dancer who filed wage-and-hour claims on behalf of a putative class, arguing that the dancers' contracts contain both an arbitration clause and a class action waiver.

  • July 21, 2016

    Ex-Workers Seek Class Approval To Seal Butler & Hosch Deal

    Former Butler & Hosch PA employees asked a Florida federal court to certify their proposed class Thursday as a step toward approving a settlement with the defunct law firm, which they accused of violating the Worker Adjustment and Retraining Notification Act by laying off hundreds without proper notice.

  • July 21, 2016

    DOE Must Shield Nuke Workers From 'Toxic Soup,' Wash. Says

    The state of Washington pressed a federal court Thursday to force the U.S. Department of Energy and its Hanford nuclear site contractor to take steps to protect workers from exposure to a “toxic soup” of chemicals released by underground storage tanks at the site.

  • July 21, 2016

    NLRB Orders New Union Election For Security Officers

    The National Labor Relations Board ordered a new union representation election Tuesday for special police officers working for Longwood Security Services Inc. after finding that the NLRB agent who supervised the election improperly disallowed a union representative from watching the proceedings.

  • July 21, 2016

    Loyola Loses Bid To Overturn ESL Teachers' Union Push

    The National Labor Relations Board on Wednesday denied Loyola University Chicago's request for review of a decision directing a union representation election for all English as a Second Language and English Language Learning workers at the university, saying nothing substantial warrants reconsideration.

  • July 21, 2016

    Beauty School Can’t Arbitrate Labor Dispute, 9th Circ. Says

    Amarillo College of Hairdressing Inc. waived its right to compel arbitration in a lawsuit alleging it staffs its salon business with unpaid student workers, the Ninth Circuit ruled Thursday, rejecting what it said was the college’s attempt to manipulate the system.

Expert Analysis

  • The Key To Educating Employees On The Effects Of Fraud

    Nathan J. Novak

    According to a 2016 report from the Association of Certified Fraud Examiners, the typical organization loses an amount equal to 5 percent of its annual revenues to fraud every year. Nathan Novak of Orrick Herrington & Sutcliffe LLP explains important steps in persuading employees to take the implementation of anti-fraud controls seriously.

  • Materiality Matters: The First Post-Escobar Decisions

    John Ruskusky

    As recent opinions in the Eastern District of Washington and the Northern District of Alabama show, the U.S. Supreme Court's Escobar decision yields fertile ground for defenses based on the materiality requirement of the False Claims Act, including at the pleading stage, say John Ruskusky and Emily Harlan of Nixon Peabody LLP.

  • How Law Firms Can Create Next-Generation Office Spaces

    Tere Blanca headshot (1).jpg

    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • Are Your Drug Test Policies Placing You At Risk With OSHA?

    Marilyn Clark

    Although the Occupational Safety and Health Administration's new injury reporting rule doesn't specifically mention drug testing, OSHA commentary makes clear that such policies will now face scrutiny. Through carefully drafted policy language, employers can avoid testing in circumstances that may run afoul of the new rule while still targeting incidents that raise suspicions of drug use, say attorneys at Dorsey & Whitney LLP.

  • Lessons On SEC's Customer, Whistleblower Protection Efforts

    Carmen Lawrence

    The significant sanctions imposed recently against Merrill Lynch for violations of customer and whistleblower protection rules, and the accompanying announcement of a customer protection initiative, demonstrate the U.S. Securities and Exchange Commission’s serious focus on these areas. The situation of compliance staff, however, remains uncertain in the wake of Merrill, say attorneys with King & Spalding LLP.

  • OSHA Eyes Health Care Industry With Injury Reporting Rule

    Matthew Deffebach

    The Occupational Safety and Health Administration's new recordkeeping rule specifically includes the health care industry as one of the “high-risk industries” required to report illnesses and injuries. Attorneys at Haynes and Boone LLP explain the rule's specific requirements for health care companies, including changes regarding employee notice and relation.

  • An Update On Spoliation Sanctions Under Rule 37(e)

    Manuel J. Velez

    Manuel Velez and Colleen Tracy James of Mayer Brown LLP explore how federal district courts have dealt with sanctions for failure to preserve electronically stored information in the six months since changes to Rule 37(e) went into effect.

  • Lessons In Retaining Outside Counsel For Personnel Probes

    Justin Curley

    A California court of appeal's recent decision in Waters v. City of Petaluma provides greater assurance to employers that prelitigation investigations will be protected from disclosure in discovery, and also provides useful guidelines for employers to follow when retaining an outside attorney to conduct investigations, say Justin Curley and David Kadue at Seyfarth Shaw LLP.

  • Stakes Are High In Supreme Court Review Of Jevic

    Stockl_Matt_FoleyLardner.jpg

    In Czyzewski v. Jevic, the U.S. Supreme Court will decide the extent to which bankruptcy courts can approve priority-skipping structured settlements without the consent of priority claimants whose rights are impaired. This will have a direct effect on negotiations between parties in large Chapter 11 cases, says Matthew Stockl of Foley & Lardner LLP.

  • The Rising Pressure Against DOL's Persuader Rule

    Shar Bahmani

    Tension surrounding the U.S. Department of Labor's persuader rule is not just limited to courthouse challenges. However, it's possible that a court of appeals decision overturning the Texas federal court's injunction will effectively restore the new regulations, meaning employers faced with union organizing campaigns should continue to proceed with caution, says Shar Bahmani at Squire Patton Boggs.