Employment

  • April 28, 2016

    WWE Wants Out Of 2nd Circ. Concussion Suit Appeal

    World Wrestling Entertainment Inc. asked the Second Circuit on Wednesday to toss an appeal by a former wrestler who accused the company of hiding the risks of traumatic brain injuries from its employees, arguing the matter has not yet been finalized by a Connecticut district court.

  • April 28, 2016

    FCA Whistleblower Slams Hospice's Bid To Block Witnesses

    A False Claims Act whistleblower alleging Vista Hospice Care Inc. enticed fake referrals to boost enrollment in its program urged a Texas federal court Thursday to let two whistleblowers from another suit testify, saying their financial stake in the current case's outcome was legitimate.

  • April 28, 2016

    Fla. High Court Nixes Workers' Comp Law Atty Fee Formula

    The Florida Supreme Court on Thursday struck down the prevailing-party attorneys' fees provision of the state's workers' compensation law, ruling that the mandatory fee structure is an unconstitutional violation of a worker's due process rights.

  • April 28, 2016

    NJ High Court Allows Wider Doctor Testimony In Bias Cases

    The New Jersey Supreme Court held Thursday that a former police dispatcher was denied a fair chance to prove that she suffered from a disability when a trial court restricted her treating physician’s testimony in discrimination litigation because he wasn’t designated an expert witness.

  • April 28, 2016

    FTC Targets Gigats In First Education-Lead Generator Action

    The U.S. Federal Trade Commission has hit operators of Gigats.com with the agency’s first enforcement action against an education lead generator, charging the so-called “pre-screening” website with steering job applicants to post-secondary schools and career training programs rather than employment opportunities, the FTC said Thursday.

  • April 28, 2016

    Pa. DOT Officials Facing Class Action Over Unpaid Wages

    Senior Pennsylvania Department of Transportation officials were hit with a proposed class action in federal court Wednesday by a group of highway workers alleging the time they spend maintaining and transporting equipment and vehicles before and after their shifts is neither recorded nor compensated.

  • April 28, 2016

    Calif. Bar Discipline Chief To Resign, Ending Turbulent Run

    California’s top disciplinary trial counsel, Jayne Kim, announced her pending resignation Thursday following a tumultuous five-year tour.

  • April 28, 2016

    Quiksilver To Settle With Workers Seeking $7M In Severance

    Iconic surfwear company Quiksilver told a Delaware bankruptcy judge Thursday that it had reached a tentative agreement with former employees, who have appealed its Chapter 11 plan and are seeking $7.3 million in severance pay, that would see the ex-workers be eligible for roughly $132,000 in administrative and priority claims.

  • April 28, 2016

    New York Times Hit With Discrimination Class Action

    Two female African-American advertising account managers slammed The New York Times Co. with a putative class action in New York federal court on Thursday, alleging the paper's business unit pays minorities, women and older workers less and has targeted them for buyouts as part of companywide layoffs.

  • April 28, 2016

    House Votes To Block DOL ‘Fiduciary Rule’

    The U.S. House of Representatives on Thursday passed a resolution intended to block the U.S. Department of Labor’s contentious “fiduciary rule” from going into effect, as Labor Secretary Tom Perez claimed that the department is ready to defend the rule in court if needed.

  • April 28, 2016

    Leading Fla. Accountant Sues Former Firm For Fraud

    Accountant Barry Mukamal, one of South Florida's leaders in the insolvency field, has accused his former firm, Marcum LLP, and its managing partner of fraud regarding compensation, bonuses and the recovery of millions of dollars allegedly stolen by former partners.

  • April 28, 2016

    7th Circ. Rules Court Employee Isn't A Victim Of Racial Bias

    The Seventh Circuit on Wednesday upheld the dismissal of an Illinois courthouse employee’s suit claiming she was denied a barrier between her and the pro-se litigants she served because of her race and without accommodating her disability, saying she provided no proof of discrimination.

  • April 28, 2016

    SouthernLINC Hits Ex-Worker With Trade Secrets Suit

    Cellular service provider SouthernLINC Wireless hit a competitor and a former employee with a trade secrets suit in Alabama federal court, alleging that the employee walked off with confidential information and brought it to her new employer.

  • April 28, 2016

    Montgomery McCracken, Benefit Plans Reach $980K Deal

    Montgomery McCracken Walker & Rhoads LLP on Wednesday agreed to pay $980,000 to end a Pennsylvania federal court class action accusing the firm of inappropriately billing employee benefit plans plans for defending a Philadelphia attorney who allegedly embezzled plan funds.

  • April 28, 2016

    Ex-Fuhu CEO Says Starr Policy Still Applies Despite Ch. 11

    The former top executive of now-defunct children’s tablet maker Fuhu Inc. told a Delaware bankruptcy judge Wednesday that the company’s directors & officers policy with Starr Indemnity should still cover his cost of defending an underlying lawsuit, despite what’s normally a stay of all claims during a bankruptcy proceeding.

  • April 28, 2016

    KBR Can't Contest State Law Chosen For Soldier Death Suit

    A Pennsylvania federal judge refused Wednesday to let KBR Inc. challenge her determination of which state's liability laws applied to a wrongful death suit over a soldier electrocuted at a Baghdad military base, calling the contractor's move “procedurally improper.”

  • April 28, 2016

    Ex-NFLers Ask 3rd Circ. To Rethink Concussion Deal Approval

    A group of former NFL players who objected to a massive uncapped class action settlement with the league in litigation over the effects of head injuries asked the Third Circuit on Thursday to rethink its decision affirming the award, arguing that the science on the degenerative brain condition known as CTE is still too immature to justify the settlement.

  • April 27, 2016

    22 Firms Win Top Marks From GCs On AFAs

    Twenty-two law firms are the cream of the crop when it comes to delivering alternative fee arrangements, according to a new report. Here’s what clients say sets them apart and how the firms say they make it work.

  • April 27, 2016

    NLRB Hits Volkwagen With Suit Over Union At Tenn. Plant

    The National Labor Relations Board slapped a Volkswagen AG unit with a complaint Tuesday accusing the automaker of engaging in unfair labor practices by not recognizing the unionization of a small group of plant workers in Tennessee represented by the United Auto Workers.

  • April 27, 2016

    Church Of Scientology Can’t Nix Forced-Abortion, Wage Suit

    A California judge ruled Wednesday that a former Scientologist can proceed with allegations that the controversial church coerced her to have an abortion, work long hours without proper pay and stay against her will, despite the organization’s argument that the matter was about “faith, not force.”

Expert Analysis

  • Garland On The High Court: What It Could Mean For Employers

    Brian W. Bulger

    A review of recent labor and employment opinions from Merrick Garland, chief judge of the D.C. Circuit, reveals a judge who appears to have no glaring ideological allegiance to either employers or employees. However, the U.S. Supreme Court nominee does show a deference to administrative agencies that could be troubling to employers, say Brian Bulger and Charles Wilson at Cozen O'Connor PC.

  • Iskanian’s Little-Known Limitation On PAGA Suits

    Jamin S. Soderstrom

    Plaintiffs attorneys have fallen in love with the portion of the California Supreme Court's decision in Iskanian v. CLS Transportation regarding California’s Private Attorneys General Act. However, they love Iskanian’s result more than its reasoning and there is one fundamental limitation embedded within the court's lengthy ruling, says Jamin Soderstrom at Call & Jensen.

  • When Gov't Hires Private Attys: The Need For Boundaries

    Keith Fogg

    Two high-profile uses of nongovernment workers at the IRS have penetrated the wall of core government function in a way not been done in many decades. If we are going to take this path, we should have an understanding of when a task requires a government employee and when private contractors make the most sense, says Keith Fogg, a professor at Villanova Law School and a former IRS counsel.

  • Calif. Creates More Confusion For Employment Leave Laws

    Kathy Huibonhoa

    With its ruling in Castro-Ramirez v. Dependable Highway Express, a California state court of appeals has effectively added more confusion and uncertainty to the so-called “Bermuda Triangle” of leave laws by holding that California’s Fair Employment and Housing Act requires employers to provide accommodation to an employee or applicant who is associated with a disabled person, says Kathy Huibonhoa at Grube Brown & Geidt LLP.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.

  • Illinois Breach Decisions Show It's Not Just About Standing

    Carol J. Gerner

    In the wake of the recent decisions in the Seventh Circuit holding in favor of standing in consumer lawsuits arising from credit and debit card breaches, the focus of attention in early motions to dismiss will now likely be shifting to whether the consumer plaintiffs have asserted viable state causes of action, and in particular a breach of contract claim, say Carol Gerner and Laurie Kamaiko of Sedgwick LLP.

  • When Must A Successor Employer Bargain With Unions?

    Excerpt from Lexis Practice Advisor
    David_Phippen.jpeg

    In the event of a corporate merger, a corporate asset transaction, or other type of business inheritance, a new or changed employing entity may have a duty to bargain with a certified or recognized union that represented the employees of a predecessor entity. David Phippen at Constangy Brooks Smith & Prophete LLP examines when and to what extent a new owner is obligated to bargain.

  • What CFTC’s Record-Breaking Whistleblower Bounty Tells Us

    Tracy Cole

    The U.S. Commodity Futures Trading Commission's use of whistleblower bounties to incentivize reporting of possible commodities law violations has been tentative. But whatever the reason for the slow start, its recent whistleblower bounty of more than $10 million is a game-changer, say attorneys with BakerHostetler.

  • Church-Affiliated Orgs May Have To Comply With ERISA

    Charles P. Stevens

    As a result of two recent court decisions, the Employee Retirement Income Security Act's church plan exemption for organizations that are not actual churches is effectively discontinued for states within the Seventh and Third Circuits. Although this shift has been on the horizon, it should cause church-affiliated entities to take stock of their retirement plans, say Charles Stevens and Mark Lotito at Michael Best & Friedrich LLP.

  • New Wormhole In Chicago’s Pension Black Hole

    Karol K. Denniston

    A recent Illinois Supreme Court opinion in Jones v. Municipal Employees’ Annuity and Benefit Fund of Chicago may have created a way through Chicago’s pension black hole, and highlighted what needs to happen for constitutional pension protections to be changed, modified or waived through collective bargaining, says Karol Denniston of Squire Patton Boggs LLP.