Employment

  • February 26, 2015

    Nortel's US Arm Blasts Late Claim From Canadian Workers

    The U.S. arm of bankrupt Nortel Networks Corp. revived its opposition Wednesday to late severance claims from ex-employees of its Canadian parent, arguing it has evidence the workers were aware of the deadline but believed they had no claims against American units.

  • February 26, 2015

    Kleiner Sidelined Pao After Harassment Report, Jury Told

    Interim Reddit CEO Ellen Pao was separated from her investment work with RPX Corp. after reporting that a Kleiner Perkins Caufield & Byers LLC senior partner sexually harassed her, according to emails and other evidence revealed in California court Thursday in Pao's gender discrimination trial against the venture capital titan.

  • February 26, 2015

    Fla. Town Settles DOJ Claims Over Firefighter's Miscarriage

    A Florida town’s fire department will adjust its policies and pay more than $400,000 to resolve sexual discrimination allegations, including a claim that a pregnant firefighter suffered a miscarriage after being forced to fight a fire, the U.S. Department of Justice said Wednesday.

  • February 26, 2015

    Non-PAGA Labor Claims Head To Arbitrator Under Iskanian

    A California appeals court sent to arbitration all but the Private Attorneys General Act claims in a truck driver’s proposed labor class action against a waste disposal company, finding Thursday the state Supreme Court’s Iskanian decision prevented the driver from invalidating the company’s entire class action waiver agreement.

  • February 26, 2015

    Deutsche Bank Rival Denies Raiding Employees

    Financial adviser HPM Partners LLC on Thursday asked a New York judge to quash a Deutsche Bank AG unit’s lawsuit over HPM's purported “wholesale raid” of the lender’s chief investment office and wealth management division, saying there was nothing improper about its overtures to Deutsche Bank’s workers.

  • February 26, 2015

    NY AG Whistleblower Plan May Make SEC Up Bounty Game

    New York's attorney general could end up giving the U.S. Securities and Exchange Commission a run for its whistleblower money if his plans for a fraud tips bounty program get off the ground and it forces the agency to compete harder for tipsters to come its way first.

  • February 26, 2015

    DHS Claims Discovery In Atty Harassment Case Is 'Extreme'

    The U.S. Department of Homeland Security begged an Arizona district court on Wednesday for narrower discovery in a discrimination suit brought by a veteran Immigration and Customs Enforcement attorney, saying the “extreme” burden of reviewing initial documents in the case is a problem while DHS faces funding uncertainty.

  • February 26, 2015

    Calif. Justices To Mull $6M Fee In Robert Half Labor Deal

    California’s top court agreed to hear a class member’s appeal of a $6.3 million fee award in staffing firm Robert Half International Inc.'s $19 million labor violations settlement, according to a case list released Wednesday.

  • February 27, 2015

    CORRECTED: Peeved NY Judge Sends Hotel Union Spat To Southern District

    An Eastern District of New York judge transferred a suit filed by a collective of 12 New York City hotels alleging an AFL-CIO division is illegally attempting to unionize its employees to the Southern District, where similar suits are being adjudicated, saying Wednesday the plaintiffs' decision to file the case in the Eastern District "reeks of forum shopping."

  • February 26, 2015

    FedEx Discrimination Suit Shipped from Md. To Pa.

    A Baltimore federal judge has moved the Equal Employment Opportunity Commission’s lawsuit against FedEx Ground Package System Inc. for alleged discriminations against deaf workers and applicants near the company’s headquarters in Western Pennsylvania district court, court records show.

  • February 26, 2015

    Judge Blasts Taco Bell's Bid To Nix Meal Break Class Claims

    A California federal judge on Wednesday upbraided Taco Bell Corp.’s bid to dismiss claims in a consolidated class action alleging the fast-food chain deprived employees of meal breaks, saying the claims were sufficiently alleged, while also threatening sanctions for any more time-wasting litigation tactics.

  • February 26, 2015

    Obama Order Will Cause Contracting 'Chaos,' Attys Tell House

    Attorneys from Crowell & Moring LLP and Jones Day told House lawmakers Thursday that President Barack Obama's “blacklisting” executive order requiring government contractors to disclose labor law violations and forgo mandatory Title VII arbitration to win contracts was unnecessary and would “create chaos.”

  • February 26, 2015

    Tax Court Punts On Federal Successor-In-Interest Standard

    The U.S. Tax Court on Thursday declined the Internal Revenue Service's request to adopt a federal common law successor-in-interest standard to overrule state law in a dispute over the employment tax liability of apartment complex workers in Texas.

  • February 26, 2015

    Marshall Dennehey Can't Dodge Ex-Associate’s ADA Claims

    Marshall Dennehey Warner Coleman & Goggin must continue to fight claims from a former insurance associate who alleged that she was terminated because of a medical condition, after a Pennsylvania federal judge on Wednesday rejected the bulk of the firm’s motion for dismissal.

  • February 26, 2015

    Dems Unveil Long-Term Trade Relief Extension

    Democratic lawmakers on Thursday came forward with a bill that would give a five-year extension and funding boost to the suite of Trade Adjustment Assistance programs aimed at providing relief for workers and firms that are displaced by international trade.

  • February 26, 2015

    IGate Says In-House Atty's Sex Assault Suit Filed Too Late

    IGate Technologies Inc. asked a California federal court on Wednesday to toss sexual assault and battery claims from an in-house attorney’s suit accusing the company’s general counsel of denying her a promotion because she refused to have sex with him, saying her suit was filed four days too late.

  • February 26, 2015

    Continental Can't Prorate Duty To Defend, La. Court Affirms

    A Louisiana appeals court on Wednesday affirmed that Continental Casualty Co. must provide a full defense to American Sugar Refining Inc. in litigation brought by employees who allege they suffered hearing loss at one of the company's refineries, finding that Continental can't prorate its duty to defend based on coverage time frames.

  • February 26, 2015

    Exelis, SRC Resolve Trade Secrets Row Over USAF Contract

    Defense contractor Exelis Inc. has agreed to scrap its lawsuit against rival SRC Inc. for allegedly conspiring with Exelis employees to undermine its U.S. Air Force contracts, after the parties reached an undisclosed settlement earlier this week.

  • February 26, 2015

    Auto Industry Whisteblower Bill Heads To Full Senate

    A Senate committee approved legislation Thursday that would encourage whistleblowers in the auto industry to come forward with information related to motor vehicle defects by offering them up to 30 percent of monetary penalties assessed over $1 million against those in the industry flouting federal safety laws.

  • February 26, 2015

    Philly School District, Union Sued Over Leave Arrangement

    An anti-union group sued the School District of Philadelphia and the Philadelphia Federation of Teachers in state court Wednesday over a contract provision that allows employees to work for the union while continuing to receive a salary and benefits from the school district.

Expert Analysis

  • In Retrospect: Brinker V. Superior Court

    Joshua R. Dale

    Three years after the much-anticipated California Supreme Court opinion in Brinker Restaurant Corp. v. Superior Court, employers are still grappling with how it affects employers’ obligations toward their employees — for example, there are still questions as to what an employer must do to “provide” the required meal and rest breaks, says Joshua Dale of Michel & Associates PC.

  • Medical Marijuana Cards: A New Scarlet Letter?

    Trish Higgins

    In states where medical or recreational use of marijuana is permissible but with no discrimination protection, employers should be aware that any adverse employment action taken on the basis of marijuana use could be a litigation risk, whether based on a violation of disability laws in those states where courts have not spoken or applicable off-duty conduct laws, say attorneys at Orrick Herrington & Sutcliffe LLP.

  • A Look At New Labor Laws In DC

    Julia E. Judish

    District of Columbia employers now face — and are soon to face several more — new employment laws affecting a wide range of issues, including wage payments, recording of hours worked, pregnancy accommodations, concealed weapons in the workplace and the use of criminal background checks and drug testing during the hiring process, say attorneys at Pillsbury Winthrop Shaw Pittman LLP.

  • 2nd Circ. Lays Out New Rules For Restitution

    Harry Sandick

    The Second Circuit's recent ruling in U.S. v. Cuti seems to place a notable limitation on the ability of a victim of white collar crime to recover expenses incurred in the course of investigating and reporting the defendant’s criminal activity. This decision does not take into account how internal investigations are typically conducted when the allegations concern wrongdoing by senior management, say attorneys with Patterson Belkna... (continued)

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • Your Employee Is On-Call, But Is Your Employee Working?

    Jennifer Palagi

    Whether employees are entitled to be paid for every hour they are on-call requires a fact-intensive analysis and must be determined on a case-by-case basis. It is essential to understand the appropriate circumstances under which nonexempt employees can be designated as on-call and how to effectively draft on-call policies in order to avoid triggering hourly compensation requirements, says Jennifer Palagi of Liebert Cassidy Whitmore LLP.

  • Taking A Crack At Calif.'s Workplace Anti-Bullying Law

    Joseph W. Deng

    Although California's A.B. 2053 does not specifically prohibit bullying in the workplace, proper and expanded training and updated policies may assist in an employer’s affirmative defense that it took reasonable steps to prevent unlawful discrimination or harassment caused by alleged bullying. This can put employers ahead of the curve if and when abusive conduct becomes unlawful, say Joseph Deng and Angela McIsaac of Baker & McKenzie LLP.

  • Recasting Claims Under CGL Policies Is Rough In 5th Circ.

    Jon T. Neumann

    The Fifth Circuit’s rejection of the Gum Tree defendants’ argument in Nationwide Mutual Insurance Company v. Gum Tree Property Management LLC that misappropriation of a business’ proprietary information is akin to violation of a “person’s” privacy rights under a general commercial liability policy has immediate significance for policyholders who may face claims for misappropriation of trade secrets from business competitors, say Jo... (continued)

  • Hits Against The Standard Franchise Model Continue

    Eleanor Vaida Gerhards

    A district court’s refusal to dismiss a claim for negligence and deliberate workplace injury against Hardee's shows that franchisee employees are now having some level of success attempting to hold franchisors accountable under state workers’ compensation law and general negligence theories, says Eleanor Vaida Gerhards of Fox Rothschild LLP.

  • What To Expect From The Imminent EU Trade Secrets Law

    Warren Wayne

    In the coming weeks, the European Parliament will debate and pass a Europe-wide trade secrets directive that will significantly alter the European approach to protecting sensitive business information, and many organizations are already planning to exploit the opportunities it creates, say Warren Wayne and Rob Williams of Bird & Bird LLP.