A Mississippi federal judge on Monday conditionally certified a class of workers in a collective action accusing United Furniture Industries Inc. and several related entities of violating the Fair Labor Standards Act by forcing them to work off-the-clock, but trimmed the proposed class definition to exclude plaintiffs from a previous case.
Ellen Pao’s high-profile loss in her $100 million gender discrimination battle against former employer Kleiner Perkins Caufield & Byers LLC is likely to deter other female professionals from sticking their necks out and waging similar fights against venture capital firms and technology companies, lawyers say.
JC Penney Co. Inc. on Friday asked the Texas Supreme Court to overturn a $3.1 million attorneys' fee awarded by a trial judge in a shareholder derivative suit against the retailer that alleged an improper executive compensation scheme, arguing that the lower courts erred in refusing to use the lodestar method to calculate the fees.
Tennessee’s high court ruled Friday in a case of first impression that a worker can’t qualify as a “whistleblower” under state law unless they report their employer’s wrongdoing to someone besides the perpetrator, which might require contacting an outside entity.
A Pennsylvania judge ruled the family of the late Joe Paterno can’t sue Penn State University and the NCAA for breach of contract over fallout from the Jerry Sandusky scandal, according to an order released Monday, the second time the judge has thrown out the claims.
An Orrick Herrington & Sutcliffe LLP partner on Friday urged a New York federal judge to toss a suit claiming that he got an ex-Handler Thayer LLP attorney fired after he was sanctioned by the Second Circuit for trying to disqualify the firm, calling it "the latest in a campaign of harassment."
A Kansas federal judge on Monday gave preliminary approval of a proposed more than $730,000 settlement of a years-long employment class-action suit that has pitted current and former Tyson Foods Inc. workers against the company.
The federal government on Monday sued Southeastern Oklahoma State University and the Regional University System of Oklahoma for allegedly discriminating against a transgender employee by denying her application for tenure and later terminating her because of her gender identity.
Law360's Rising Stars recognizes attorneys under 40 who have demonstrated outstanding career accomplishments. This year, King & Spalding LLP and Sidley Austin LLP led the pack with seven Rising Stars each, followed by Gibson Dunn and Sullivan & Cromwell LLP with six Rising Stars each, and Jones Day and Kirkland & Ellis LLP with five Rising Stars apiece.
A Florida federal judge on Monday refused to dismiss a proposed class action accusing Whole Foods Market Group Inc. of violating the Fair Credit Reporting Act with its employee background check notification methods, ruling the suit alleged Whole Foods’ liability release was included in a disclosure document.
The U.S. Department of Labor said on Friday that it was extending the deadline for comments on a proposed rule to revise sex discrimination guidelines for federal contractors, in light of a recent U.S. Supreme Court ruling that revived a pregnancy bias case against United Parcel Service Inc.
Four states looking to keep in place bans on same-sex marriage told the U.S. Supreme Court on Friday that it should be up to their voters to define marriage, not the federal judiciary.
Two relators in a False Claims Act row involving Taylor Bean & Whitaker Mortgage Corp. and Home America Mortgage Inc. have hit back at their former counsel’s claim to fees stemming from a $320 million settlement, urging a Georgia federal judge to invalidate a lien on their share of the deal.
A pair of Pennsylvania dioceses and affiliated nonprofits are asking the Third Circuit to reconsider requiring them to comply with the Affordable Care Act’s contraceptive coverage mandate, saying the court misunderstood the Catholic faith when ruling that merely waiving participation in the program wasn’t a substantial burden on their religious beliefs.
American Apparel Inc. has clarified its media policy after four employees filed complaints with the National Labor Relations Board alleging the newly implemented guidelines were intended to silence its workers from speaking to the press.
Thirteen of the biggest contractors with the U.S. Department of State have policies that could dissuade employees from reporting fraud, although none have ever enforced those policies, the Office of Inspector General said in a report made available Monday.
As a class action unfolds in Colorado alleging au pairs on the J-1 visa program have had their wages fixed at $4.35 per hour, Law360 takes a closer look at the exploitation of domestic workers by abusive employers who range from middle-class families to high-ranking diplomats.
A Google Inc. software engineer on Monday withdrew his objections to a $415 million settlement in the antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing to not poach engineers, asking a California federal judge to disregard concerns he raised Friday.
The IRS said in final regulations released Monday that limitations on deducting excessive compensation for executives of publicly held companies apply to all types of equity-based compensation, not just stock options and appreciation rights.
An Illinois federal judge on Monday pushed a whistleblower into arbitration and out of a False Claims Act suit alleging mismanagement and kickbacks by KBR Inc. and two subcontractors in Iraq, saying the former employee was subject to arbitration contract provisions.
Until Congress agrees on uniform responsibilities and liabilities for data breaches, companies operating in the U.S. must traverse a patchwork of laws in 47 states and the District of Columbia. Still, firms can and should develop a written information security response plan and maintain relationships with breach response vendors, say Elizabeth Rogers and Alan Sutin of Greenberg Traurig LLP.
Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.
What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.
The U.S. Occupational Health and Safety Administration's final regulations on workplace retaliation claims brought by purported whistleblowers under the Sarbanes-Oxley Act continue to take an employee-friendly approach and employers should expect the number of such claims to continue rising, say attorneys at Paul Hastings LLP.
Cybersecurity is the ultimate team sport and every person in a company — from a corporate director all the way down to an entry-level employee — needs to be aware of spear phishing, which is often the easiest route into a sophisticated computer network, say Paul Ferrillo and Randi Singer of Weil Gotshal & Manges LLP.
Insider threats may be the most grievous of threats companies face because they always come from a trusted individual. But not all trusted individuals should be subject to scrutiny all the time. Instead of creating a culture of security, it causes a culture of fear, say Thomas Ottoson and Nicholas Metzgar, founders of LemonFish Technologies LLC and former technical directors in the Office of the Director of National Intelligence.
When considering the U.S. Supreme Court's pronouncements on statutory construction in Yates v. United States, it should be apparent that in the case of the Affordable Care Act's insurance exchanges, the standard statutory construction rules that the high court so recently applied should result in a victory for the federal government in King v. Burwell, says Kurt Melchior of Nossaman LLP.
Practitioners should take note of the New Jersey Supreme Court's recent decision in Townsend v. Pierre when seeking to exclude expert testimony that is based on factual scenarios that have no support in the record, says Timothy Freeman of Sedgwick LLP.
There are substantial penalties for California employers obtaining information on job seekers in violation of state and federal law or for using lawfully obtained information for an improper purpose. These penalties can include federal and state agency enforcement actions as well as private lawsuits on behalf of the aggrieved job applicant, says Joshua Dale of Michel & Associates PC.
Although corporate officers who learn of fraud from another employee or through the compliance process typically are ineligible for awards under the whistleblower program, there is an important exception to the rule, and it is likely that the U.S. Securities and Exchange Commission will continue to rely on it, says Amy Riella of Vinson & Elkins LLP.