Employment

  • September 23, 2016

    A Closer Look At Clinton's Labor Positions As Election Nears

    Over the course of this election cycle, Hillary Clinton has made clear her positions on labor and employment issues, which, coupled with a long track record in Washington, D.C., gives experts confidence in predicting what labor policy would look like under her administration. Here is a quick rundown of the Democratic candidate's positions on major labor and employment issues.

  • September 23, 2016

    Howard & Howard Chicago Office Grows With 4 New Attorneys

    Business-centric law firm Howard & Howard PLLC added four attorneys to its Chicago office this week, the company announced on Friday, expanding the national firm’s footprint in the city.

  • September 23, 2016

    Ill. Cos Must Pay Atty Fees On Hurt Workers' Future Med Costs

    Employers in Illinois must pay as attorneys’ fees 25 percent of the value of future medical expenses that injured workers recover from third parties in lawsuits, the state’s Supreme Court ruled on Thursday.

  • September 23, 2016

    Uber Drivers Ask 9th Circ. To Rehear Arbitration Ruling

    Uber drivers suing the ride-hailing giant over background checks have asked the full Ninth Circuit to reexamine a recent panel decision finding that the drivers must arbitrate their claims individually instead of as a class, saying the ruling conflicts with various decisions from federal and state courts nationwide.

  • September 22, 2016

    7th Circ. Reverses US Soccer Tequila Ad Arbitration Ruling

    United States Soccer Federation Inc. scored a win against a labor union for U.S. men’s national team members when the Seventh Circuit Thursday reversed an arbitrator’s decision, saying he erred in ruling that a tequila print ad featuring players’ likenesses required advance approval.

  • September 22, 2016

    Temp Agency’s Wage Deal With 210K Workers To Get OK

    A California judge said Thursday he’d grant final approval to temp agency Labor Ready’s deal settling wage claims of over 210,000 employees after a courtroom compromise to boost the number of class members with eligible claims above 4.4 percent, a rate objectors said proved the deal was a dud.

  • September 22, 2016

    9th Circ. Urged To Revive Lockheed Health Co. FCA Suit

    A California federal judge used a much-too stringent evidentiary burden when gutting a False Claims Act suit accusing a Lockheed Martin health care subsidiary of only cursory review of health records, the would-be whistleblower physician told the Ninth Circuit Wednesday.

  • September 22, 2016

    House Passes Startup Stock Option Tax Deferral Bill

    Employees looking to cash in on their stock options could get a tax break if a bill that the House passed Thursday in the face of a White House veto threat becomes law.

  • September 22, 2016

    DOJ Atty Performed 'Sex Acts' On Train, Kicked Officer: OIG

    The U.S. Department of Justice’s Office of the Inspector General issued an executive summary on Thursday substantiating reports that an unidentified DOJ trial attorney engaged in “sex acts” on a train, refused to disembark when ordered and kicked an officer while being forced off the train.

  • September 22, 2016

    Online Brokerage Founder Fights Contempt Bid In Fraud Suit

    The former CEO of now-defunct online stock trading company Ditto Trade Inc. fought back against allegations that he has ignored court orders and should be sanctioned, telling an Illinois federal court on Tuesday that another former executive who sued him for fraud and retaliation is bullying him via litigation.

  • September 22, 2016

    GSK Exec Can't Dodge Whistleblower's Firing Suit

    A GlaxoSmithKline executive lost his bid to toss an employee’s whistleblower lawsuit Thursday when a New Jersey federal judge ruled that the United Kingdom resident was properly served the complaint under European law.

  • September 22, 2016

    Google Job Applicants Near Class Cert. In Age Bias Suit

    A California federal judge said at a hearing Thursday she’s inclined to conditionally certify a class of Google Inc. job applicants age 40 and older who allege the tech giant discriminates against older job hunters, saying their suit deserves to “go the next step” and be heard at trial.

  • September 22, 2016

    Texas Roadhouse Pays $1.4M To Settle Harassment Suit

    The owner and management company for a Texas Roadhouse restaurant in Ohio will pay $1.4 million to former employees to settle a sexual harassment and retaliation suit filed by the Equal Employment Opportunity Commission in Ohio federal court, the commission announced Wednesday.

  • September 22, 2016

    NLRB Defends 'Successor Bar' Ruling At 1st Circ.

    The National Labor Relations Board asked the First Circuit Tuesday to enforce a board decision that Lily Transportation Co. was a successor to a prior employer and had violated the National Labor Relations Act by refusing to bargain with a union representing drivers, saying the agency had correctly applied the “successor bar” doctrine.

  • September 22, 2016

    Highland Row With Ex-Exec Booted To Arbitration

    Highland Capital Management LP must arbitrate claims a former high-ranking executive failed to return confidential documents after being fired for alleged self-dealing, a Texas state judge ruled Thursday, putting off Highland’s bid to have the ex-executive’s counsel disqualified.

  • September 22, 2016

    Nebraska Meatpacker Gets Win In EEOC Anti-Muslim Bias Suit

    A Nebraska federal judge has entered final judgment in favor of meatpacking company JBS USA LLC for claims brought by a federal agency and a specific set of plaintiffs who alleged that they were fired because of their Muslim faith and their Somali national origin.

  • September 22, 2016

    HP Enterprise Settles DOL Hiring Bias Claims For $750K

    Hewlett Packard Enterprise Co. agreed to pay $750,000 in back wages and interest to settle U.S. Department of Labor claims that it discriminated against sales position applicants at its Conway, Arkansas, location between 2008 and 2010 on the basis of race or national origin, the agency said Thursday.

  • September 22, 2016

    Dems Want Labor Dept. To Look Into Wells Fargo OT Pay

    Democratic senators on Thursday asked the U.S. Department of Labor to investigate whether Wells Fargo & Co. violated federal laws by forcing employees to work unpaid overtime to meet the aggressive sales quotas that led to the creation of more than 2 million unauthorized accounts.

  • September 22, 2016

    Teva, Apotex, Mylan Sued Over 'Extreme' Statin Prices

    Teva, Apotex, Mylan and Glenmark unlawfully conspired to artificially inflate prices for generic versions of cholesterol drug pravastatin by more than 500 percent, according to a union’s proposed class action filed Wednesday in Pennsylvania federal court.

  • September 22, 2016

    Pa. Court Axes Gov.'s Home-Care Worker Organization Order

    A Pennsylvania state court on Thursday effectively gutted an executive order from Gov. Tom Wolf that critics said improperly allowed home care workers paid through government funds to unionize.

Expert Analysis

  • A Compelling Case For Uniform Wage Garnishment Laws

    William H. Henning

    Employers often have a Herculean task complying with the welter of current wage garnishment laws that differ from state to state. The newly proposed Uniform Wage Garnishment Act aims to solve this challenge by creating a more consistent approach that largely removes the garnishment process from the courts, says William Henning, executive professor of law at Texas A&M University School of Law.

  • Hirozawa’s NLRB Term Ends With A Pro-Union Bang

    Mark L. Keenan

    Last month, National Labor Relations Board member Kent Hirozawa’s term came to an end. Not surprisingly, his final month saw a rash of pro-union board decisions breathtaking in their scope, all of which are a continuation of the board’s ongoing efforts to make union organizing easier, and unions more powerful and relevant, says Mark Keenan of Nelson Mullins Riley & Scarborough LLP.

  • The Rogue Insider: Protecting Against Trade Secret Theft

    Mark S. Sidoti

    Advances in information storage and transmission technology have made financial services companies increasingly susceptible to the misappropriation or theft of critical proprietary assets. With the click of a mouse, rogue employees from the C-suite to the mailroom can download and disseminate hundreds of thousands of documents, lines of computer code, and other data containing a company’s most prized trade secrets. Mark Sidoti and ... (continued)

  • A Critical View Of Calif. Vested Rights Law

    Ashley K. Dunning

    Following a California state appellate court's decision in Marin Association of Public Employees v. Marin County Employees Retirement Association, it's clear that litigation over the constitutionality of the Public Employees’ Pension Reform Act as applied to legacy members is not over, and, depending upon actions taken by the California Supreme Court, may have only just begun, say attorneys at Nossaman LLP.

  • How You Might Be Overpaying Your Employees

    Hyowook Chiang

    Calculations of regular rate of pay vary significantly from employer to employer, with differences in which earning types are included in the calculation. However, depending on the method used, some employers may find their pay practices are more employee-friendly than required by the Fair Labor Standards Act and state laws, says Hyowook Chiang of Welch Consulting.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • You’re In Charge Of Ethics And Compliance — Now What?

    Earl M. Jones

    Building an effective compliance program is an opportunity to develop valuable expertise and to implement changes that will not only help mitigate risk for your organization, but could also improve workplace culture and even make a positive impact on the bottom line. Earl Jones and Amy Mendenhall of Littler Mendelson PC detail the necessary building blocks for developing a practical program.

  • Secretly Guiding A Jury’s Emotions

    Roy Futterman

    Jurors’ emotional and behavioral responses to the events at a trial depend on their perceptions of intent. If trial attorneys can adopt the methods of certain ancient philosophers and modern psychologists to regulate how jurors perceive the intent behind each party’s behavior, they can affect juror decision-making, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • How Employers Can Prepare For H-1B And L-1 Site Visits

    Brian J. Coughlin

    A visit by a Department of Homeland Security fraud detection and national security representative can be nerve-wracking, especially because they're almost always unannounced. But despite their surprise nature, FDNS site visits are intended to provide a routine and randomly chosen quality-control review on foreign nationals in the H-1B and L-1 nonimmigrant categories, say attorneys at Fragomen Del Rey Bernsen & Loewy LLP.

  • Adding Fuel To The Employment Arbitration Agreement Fire

    John B. Lewis

    Amid contrary decisions by the Seventh and Ninth Circuits, the Second Circuit in Patterson v. Raymours Furniture recently followed its earlier precedent enforcing an employment arbitration agreement. Now, U.S. Supreme Court review seems inevitable and in the interim companies will be challenged on how to enforce nationwide arbitration agreements, says John Lewis of BakerHostetler.