Employment

  • February 5, 2016

    Hair Extension Co. Loses Injunction Bid In Noncompete Fight

    An Italian hair extension company suing its former owners for allegedly violating noncompete agreements and stealing company secrets couldn't convince a New York federal judge to order them to halt their alleged infringement on Thursday, but it continued to fight for a trial and resist the former owners' request for arbitration in Italy.

  • February 5, 2016

    NCAA Mulls Changing Targeting Rule Amid Injury Litigation

    The National Collegiate Athletic Association is mulling football safety issues including a proposal to give instant-replay officials more discretion over targeting fouls, the organization said Thursday, soon after getting permission to move ahead with a possible $75 million settlement over concussions in college football and other sports.

  • February 5, 2016

    Gibson Dunn Slapped With Age Discrimination Lawsuit

    Two former Gibson Dunn billing specialists on Thursday alleged that the firm maintains a hostile work environment for older workers in its billing department, effectively pushing them out so it can hire younger and less expensive replacements, according to a filing in California state court.

  • February 5, 2016

    Tesoro Paying $8M For Bonuses Withheld In Steelworker Strike

    Petroleum firm Tesoro agreed Friday to pay $8.08 million to nearly 800 workers at two of its West Coast facilities, stemming from allegations it withheld bonuses from those employees as punishment for their participation in a nationwide strike last year, the National Labor Relations Board said.

  • February 4, 2016

    LAN Airlines CEO Settles SEC’s Union-Bribery Charges

    LAN Airlines SA's CEO has settled charges with the U.S. Securities and Exchange Commission that he violated the Foreign Corrupt Practices Act by authorizing $1.15 million in bribes to union officials to resolve a labor dispute, according to an SEC filing released Thursday.

  • February 4, 2016

    EEOC Wants Court To Compel BNSF Not To Discriminate

    The Equal Employment Opportunity Commission asked a Washington federal court Thursday to compel BNSF Railway Co. against engaging in disability-based discrimination, saying the company has failed to demonstrate it can change its ways.

  • February 4, 2016

    Ex-Blank Rome IP Atty Says He Was Axed Over LGBT Support

    A former Blank Rome LLP intellectual property partner on Wednesday launched a suit in Pennsylvania state court accusing the firm and its leadership of firing him and stealing his practice after he allegedly promoted gay rights in the legal community.

  • February 4, 2016

    XPO Logistics Accuses Rival YRC Of Poaching Employees

    XPO Logistics Freight Inc. launched a Delaware Chancery Court suit Wednesday accusing rival YRC Inc. of poaching several key employees, including two top-level executives, misappropriating trade secrets in the process and essentially engaging in unfair competition.

  • February 4, 2016

    Penske Truckers Say Co. Admitted Improper Break Policy

    A class of hundreds of truck drivers accusing Penske Logistics LLC of not offering required breaks and then deducting pay for rest periods never taken asked for a quick win Wednesday on their claims in California federal court, arguing the company's admitted policies violate the law at face value.

  • February 4, 2016

    NY Union Tells NLRB It Wants To Rep Some Uber Drivers

    A local New York chapter of the International Brotherhood of Electrical Workers has lodged an election petition with the National Labor Relations Board seeking to represent at least 550 drivers for Uber Technologies Inc. who are stationed at LaGuardia Airport, a petition that the union believes is the first ever made pertaining to Uber drivers.

  • February 4, 2016

    Moody's Dodges Whistleblower Suit Over Crisis-Era Ratings

    A New York federal judge on Thursday tossed a whistleblower lawsuit from a former Moody’s Corp. managing director who claimed the credit rating powerhouse gamed its ratings of troubled mortgage securities, saying there’s been no showing that Moody’s caused false claims to be made to the government.

  • February 4, 2016

    Cobra Seeks To Revive Cyber-Spying Suit At 6th Circ.

    Cobra Pipeline on Wednesday urged the Sixth Circuit to revive its cyber-spying suit accusing partner-turned-rival Gas Natural Inc. of illegally tracking it trucks and workers through the account of a former employee, saying an Ohio federal judge erroneously found no violations of the Stored Communications Act or Wiretapping Act.

  • February 4, 2016

    3 Ways To Avoid Employment Compliance Reporting Missteps

    Employers are required to submit data on employee demographics to federal agencies, and a failure to comply with reporting requirements can be expensive and expose a company to legal liability. Here, experts share ways to conduct legally sound compliance reporting and avoid any mishaps.

  • February 4, 2016

    Ex-Ford Worker Urges Fed. Circ. To Revive SYNC Tech Row

    A former Ford Motor Co. employee pushed a Federal Circuit panel Thursday to bring back his suit against the automaker over compensation for work he did developing hands-free vehicle technology, maintaining the lower court ignored key underlying payment disputes when it tossed the suit.

  • February 4, 2016

    NJ Senate Panel Advances Equal Pay Legislation

    A New Jersey bill that would close the pay gap between men and women advanced out of the state Senate Labor Committee, nearly one week after its unveiling commemorated the federal Lilly Ledbetter Fair Pay Act. 

  • February 4, 2016

    General Dynamics Agrees To Conditional Cert. In OT Suit

    A Virginia federal judge said Thursday he would take “under advisement” a joint stipulation by General Dynamics and a putative class of workers on Wednesday for conditional certification of a collective action that accuses the company of misclassifying workers on a U.S. Citizenship and Immigration Services contract as overtime-exempt.

  • February 4, 2016

    GOP Leaders Press Amtrak On New CEO Pick

    Concerned with ensuring that Amtrak bolster its transparency and more effectively manage its business units, Republican lawmakers on Thursday pressed Amtrak to make progress on finding a new chief executive to replace retiring President and CEO Joseph Boardman.

  • February 4, 2016

    JPML Won’t Consolidate 17 Uber Driver Wage Suits

    The U.S. Judicial Panel on Multidistrict Litigation said Wednesday it wouldn’t consolidate 17 similar suits accusing Uber of misclassifying drivers as independent contractors, holding that state laws are too varied to justify a consolidated case.

  • February 4, 2016

    Riddell Claims Added Back To NFL Concussion MDL

    Days after reversing her decision to sever claims against helmet maker Riddell Inc. from multidistrict litigation over head trauma NFL players sustained during their careers, a Pennsylvania federal judge on Wednesday mooted a bid by some players to have their portion of the severed claims heard in California state court.

  • February 4, 2016

    Ill. High Court: State Employment Dept. Wrong To Cut Benefits

    The Illinois Department of Employment Security was wrong when it denied a former American Airlines employee her unemployment insurance benefits, the state's Supreme Court said in an opinion released Thursday, because she did not explicitly break her ex-employer's rules.

Expert Analysis

  • More Recovery Limitations After High Court's ERISA Ruling

    JoAnn Dalrymple

    The U.S. Supreme Court's decision in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan suggests a shift in focus from favoring Employee Retirement Income Security Act plans’ interests to favoring those of the participants. With this decision, plans have one less avenue for pursuing recoveries, say attorneys at Jackson Walker LLP.

  • How To Handle The Jury-Law Disconnect In Employment Cases

    Dawn Reddy Solowey

    More often than not, jurors arrive to the courthouse with a firm set of convictions about what “rules” apply in the workplace. For this reason, it is critical for trial counsel to understand the workplace rules jurors are likely to impose and to build a defense strategy that deals with those perceptions directly, says Dawn Reddy Solowey of Seyfarth Shaw LLP and Dr. Laurie Kuslansky of Laurie Kuslansky & Associates LLC.

  • Avoiding Employment Disruptions With E-3 And H-1B1 Visas

    Elizabeth Espín Stern

    U.S. employers seeking to employ workers in the H-1B visa category should strongly consider the E-3 and H-1B1 visa categories for workers from Australia, Singapore and Chile. While these categories are capped, rarely is this limit approached. Thus, employers can apply for these visas throughout the year, rather than in an initial rush due to visa scarcity, say attorneys at Mayer Brown LLP.

  • DOL Cements Tough Stance On Joint Employment

    Andrea M. Kirshenbaum

    In its newly issued administrator’s interpretation, the U.S. Department of Labor took a decidedly aggressive position on joint employment, and in arguing that joint employer liability may be imposed based solely on “economic dependence,” the DOL has imposed on employers precisely the type of potential liabilities that they sought to eliminate by outsourcing in the first place, say attorneys at Post & Schell PC.

  • Don't Expect EEOC To Relax Over Retaliation Anytime Soon

    Michael C. Schmidt

    While much of the Equal Employment Opportunity Commission's newly proposed guidance is a relatively unremarkable presentation on retaliation law, it did make a case on a few unsettled points. And because these are presumably the areas the EEOC would most like to see settled in its favor, it might be particularly aggressive in pursuing claims that raise them, say attorneys at Cozen O'Connor PC.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.

  • Furthering Women's Equality With NY's New Labor Laws

    Nicolle L. Jacoby

    Enacted with the purpose of protecting and furthering women's equality in New York state, a multitude of new laws went into effect on Jan. 19, 2016. From the new Achieve Pay Equity Act to amendments to the state's equal pay law and End Family Status Discrimination Act, these new laws impose a number of significant burdens on employers, say attorneys at Dechert LLP.

  • 4 Ways To Improve The Business Intake Process

    Terrence J. Coan

    When executed properly, an efficient new business intake process can drive growth, minimize risk, and ensure new clients support a law firm’s business and financial objectives. But determining how to streamline the NBI process is easier said than done, says Terrence Coan, leader of HBR Consulting LLC's information governance and risk management practice.

  • Federal Rule Changes Should Not Affect Subpoena Practice

    Elizabeth Banzhoff

    Parties serving subpoenas may argue that the recent changes to party document discovery under Rule 34 should be read into nonparty subpoena practice under Rule 45, but — if history is any indication — they likely will not be, say Elizabeth Banzhoff and Amanda Tessar of Perkins Coie LLP.

  • Supreme Court Again Clarifies Standards For ERISA Claims

    Jared L. Kopel

    Breaking through the surface of Amgen v. Harris is the notion that the Ninth Circuit was trying to wriggle out of a U.S. Supreme Court ruling that it disliked — Fifth Third Bancorp v. Dudenhoffer. But that would be a specious accusation, says Jared Kopel of the Law Offices of Jared L. Kopel.