Employment

  • November 24, 2014

    Jimmy John's, Franchisees Blast Noncompete Challenge

    Jimmy John's LLC and franchisees in Illinois have pushed a federal court to shoot down a putative class challenge to a noncompete agreement that low-level employees were allegedly forced to sign, saying there's no evidence the sandwich chain ever enforced the pacts.

  • November 24, 2014

    House Dem Digs Into GOP's Use Of Law Students On ACA Suit

    The ranking Democrat on the Committee on House Administration raised concerns Monday that unqualified law students at George Washington University could be "exploited" in the GOP’s lawsuit against the Obama administration over delay of the Affordable Care Act’s employer mandate.

  • November 24, 2014

    Met Opera Loses Worker Injury Coverage Suit In NY Court

    The New York Court of Appeals ruled Monday that Mt. Hawley Insurance Co. has no obligation to defend the Metropolitan Opera House's owner in a personal injury suit filed by a worker, finding that the Met isn't an additional insured under a painting contractor's comprehensive general liability policy.

  • November 24, 2014

    Applebee's Franchisee Says EEOC Suit Exceeds Its Authority

    Doherty Apple Florida LLC, a major franchisee of Applebee's Restaurants, told a Florida federal court on Friday that the Equal Employment Opportunity Commission overstepped its bounds when it took the company to court over its mandatory arbitration agreement for employees.

  • November 24, 2014

    Harassment Suit Against LA Firm Managing Partner Dropped

    A former office manager for Los Angeles-based Finnegan & Diba has dropped her California state court suit in which she had alleged she was the subject of racist and sexist jokes and was bitten by the firm's managing partner.

  • November 24, 2014

    TV Networks Throw Weight Behind NCAA At 9th Circ.

    The major television networks urged the Ninth Circuit on Monday to overturn a ruling that said college athletes must be paid for use of their images, calling that concept “fundamentally incompatible with basic freedoms to present events of interest to the public.”

  • November 24, 2014

    EEOC Blasts Tepro's 'Frivolous' Sanctions Bid In Age Suit

    The U.S. Equal Opportunity Commission tore into a “frivolous” bid for sanctions Friday from auto parts maker and age bias defendant Tepro Inc., urging a Tennessee federal court not only to deny Tepro's sanction motion but to make the company cover the cost of the EEOC's response.

  • November 24, 2014

    Dollar General Gets Nod For $8.3M Deal In OT Action

    An Alabama federal judge on Monday signed off on an $8.3 million settlement to resolve allegations that Dollar General failed to properly pay overtime to store managers, bringing to a close a case that traces back to 2006.

  • November 24, 2014

    Abbott Settles $3.4M Pension Row With Trucking Co.

    Abbott Laboratories Inc. on Monday reached a settlement with a trucking company in a $3.4 million row over pension plan payments for drivers contracted to work for the pharmaceutical giant, just days after it sought to throw one of its opponent’s attorneys off the case.

  • November 24, 2014

    Ex-Kerns Pearlstine Atty Takes Plea Deal In Sex Assault Row

    Robert Kerns, a former named partner in the now-dissolved Kerns Pearlstine Onorato & Hladik LLP, pled no contest on Monday to charges of indecent assault after he was accused last November of raping a paralegal following an office party.

  • November 24, 2014

    UnitedHealth OT Fight Tees Up Murphy Oil For 2nd Circ.

    UnitedHealth Group Inc.'s arbitration policy barring class claims is unenforceable because it violates federal labor law, a former UnitedHealth worker told the Second Circuit on Friday, arguing that the board's recent Murphy Oil decision “deepened and extended” its D.R. Horton analysis.

  • November 24, 2014

    Immigration Actions Could Raise Employer Compliance Issues

    President Barack Obama's new immigration actions contain several striking proposals, from allowing millions of undocumented immigrants to seek work authorization to providing much-needed visa guidance, but employers may face compliance headaches and a long wait for regulatory changes, attorneys say.

  • November 24, 2014

    Texas Appellate Rejects Coach's ESPN Defamation Suit

    A Texas appellate court on Friday rejected former Texas Tech University head football coach Mike Leach's bid to revive claims that ESPN Inc. and an ESPN analyst are liable for Leach's losing his job after allegedly confining the analyst’s son in a dark room during team practice.

  • November 24, 2014

    Steel Co. Denied Quick Win On Counterclaims Against Exec.

    A New Jersey judge on Friday refused partial summary judgment to SAS Stressteel Inc. on accusations that its former president violated an employment agreement by obscuring his involvement in other companies and commandeered business opportunities from the steel products distributor.

  • November 24, 2014

    NLRB Knocks ConAgra Over Union Activity Warnings

    ConAgra Foods Inc. violated federal labor law when it reprimanded an employee for discussing union activities while on shift and warning employees that union discussions were banned during working time under a nonsolicitation policy, the National Labor Relations Board ruled Friday.

  • November 24, 2014

    Shell Not Liable For Secondary Exposure To Asbestos

    A California appeals court on Friday said Shell Oil Co. wasn’t responsible for protecting a woman from asbestos exposure that arose from laundering her husband’s work clothing, saying that holding the company responsible for off-premises exposure would unfairly saddle it with “limitless” liability.

  • November 24, 2014

    KBR Granted Reprieve On Whistleblower Doc Turnover Order

    A D.C. federal court has granted a reprieve to defense contractors KBR Inc. and Halliburton Co. in a long-running discovery fight, saying Monday it won't force the two to hand over their documents to a whistleblower alleging kickback activity in Iraq before it addresses a motion for reconsideration.

  • November 21, 2014

    Texas Justices Take On Retaliation Suit Against Utility

    The Texas Supreme Court on Friday agreed to hear a $1.3 million suit over whether a San Antonio woman was illegally let go for counseling a former boss at San Antonio Water System against having lunch with female employees.

  • November 21, 2014

    Judge Strikes Down $100B Ill. Public Worker Pension Reform

    An Illinois state judge Friday struck down legislation that tried to close a $100 billion gap in the state's pension budget by raising the retirement age for government workers and cutting cost-of-living adjustments, deeming the law unconstitutional.

  • November 21, 2014

    Altair Clinches New Damages Trial In MSC Secrets Fight

    A Michigan federal judge has ordered a new trial on damages in MSC Software Corp.'s case claiming former employees breached confidentiality agreements and misappropriated trade secrets when they left for rival Altair Engineering Inc., calling MSC's $26.4 million damages win “excessive.”

Expert Analysis

  • Does Dodd-Frank Protect Foreign Whistleblowers?

    Matthew K. Edling

    In Liu v. Siemens, the Second Circuit upheld a ruling from the Southern District of New York, concluding that Congress did not envision the Dodd-Frank Act protecting foreign whistleblowers. Neither Liu court, however, attempted to reconcile this conclusion with the fact that Dodd-Frank governs violations of the Foreign Corrupt Practices Act — a definitively extraterritorial law, say Matthew Edling and Ben Fuchs of Cotchett Pitre & McCarthy LLP.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • How Hotels Can Protect Their Proprietary Information

    David Tryon

    Storing customer contact information on the “cloud” and employees’ personal devices potentially renders the information unprotectable, unless you have clear, written policies on data usage on those devices and on social media. However, there is a better approach, says David Tryon of Porter Wright Morris & Arthur LLP.

  • Updating Our Understanding Of The FMLA: Part 2

    Linda Dwoskin

    While the Family Medical Leave Act allows an employer to require various medical certifications to support an employee’s request for leave — or return from that leave — understanding what documents may be required and what an employer may do with those it finds insufficient or incorrect is critical to avoiding FMLA liability, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Updating Our Understanding Of The FMLA: Part 1

    Linda Dwoskin

    The lesson from the Third Circuit's ruling in Lupyan v. Corinthian Colleges Inc. is that employers must ensure delivery of all legally required notices under the Family Medical Leave Act and retain proof of that delivery, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Home Companionship Industry Will Feel FLSA Exemption Fix

    Joseph W. Gagnon

    Rule changes from the U.S. Department of Labor affecting the companionship exemption in the Fair Labor Standards Act will make determining what constitutes a primary benefit, as opposed to a tangential or incidental benefit to other members of the household, fact-intensive and will likely be a future source of litigation, says Joseph Gagnon of Fisher & Phillips LLP.

  • FCA Case Will Likely Set Standard On ACA Overpayments

    Bill Mateja

    A New York federal court's ruling on the motion to dismiss that was just filed in the False Claims Act suit against Continuum Health Partners Inc. will most likely set forth some needed guidance as to what kind of factual scenario triggers the start date for the Affordable Care Act’s 60-day overpayment rule, say Bill Mateja and Mike Nammar of Fish & Richardson PC.

  • Can Employers Be Vicariously Liable Under CFAA?

    Leonard A. Feiwus

    While the Computer Fraud and Abuse Act's language is silent on vicarious liability, this omission has not precluded some courts from looking beyond the text to apply common law principles of agency or, alternatively, imposing such liability using the CFAA’s conspiracy provision, says Leonard Feiwus of Kasowitz Benson Torres & Friedman LLP.