Employment RSS

  • April 18, 2014

    7th Circ. Nixes Another Challenge To Wis. Bargaining Law

    The Seventh Circuit ruled Friday that a Wisconsin law that gutted government workers' collective bargaining rights didn't run afoul of the U.S. Constitution, marking the second time the appeals court has rejected a constitutional challenge to the Badger State's controversial Act 10.

  • April 18, 2014

    Pa. High Court Says Unions Can't Push Claims Under Lien Law

    The Pennsylvania Supreme Court ruled on Thursday that the state’s mechanics’ lien law does not allow trustees of union benefit funds to bring claims for nonpayment as subcontractors against employers and owners, reversing a Superior Court decision that favored two western Pennsylvania unions.

  • April 17, 2014

    Calif. Court’s FMLA Ruling Gives Cos. Vital Flexibility

    A California appeals court held Tuesday that employers can seek a second medical opinion after a doctor determines a worker is fit to return from a Family and Medical Leave Act absence, a ruling lawyers say gives companies much-needed flexibility to undertake a detailed evaluation of a worker’s fitness instead of being stuck with a single doctor’s judgment.

  • April 17, 2014

    Boeing Hit With ERISA Suit Over Coverage For Autistic Kids

    Employees of The Boeing Co. filed a putative class action Thursday in Washington federal court, claiming the company breached fiduciary duties by not including behavioral therapy coverage for autistic dependents in their benefits plan, in violation of the Employment Retirement Income Security Act.

  • April 17, 2014

    Ex-Named Atty Seeks $1M From Patent Firm For Unpaid Fees

    A former shareholder in patent litigation boutique Williams Morgan PC recently launched a suit in Texas state court seeking more than $1 million from the firm for unpaid compensation he says he earned before striking out last year to start his own practice.

  • April 17, 2014

    Union Says Quantum's $54M Sale Must Respect Contracts

    An employee union at Quantum Foods LLC urged a Delaware bankruptcy judge Thursday to delay consideration of the meatpacker's planned $54 million sale to a unit of Oaktree Capital Management LP, saying the proposed deal violates existing labor contracts.

  • April 17, 2014

    Employers Watch For NLRB's Next Moves On DR Horton

    In a victory for employers, the Fifth Circuit on Wednesday rebuffed the National Labor Relations Board's bid for a full-court review of the panel ruling rejecting its ban on mandatory employment class waivers, but attorneys say businesses should keep an eye on what steps the board takes next, as the issue remains a live one that could ultimately require U.S. Supreme Court resolution.  

  • April 17, 2014

    DOL Urges 9th Circ. To Revive Tip-Pool Rule

    The U.S. Department of Labor on Monday urged the Ninth Circuit to overturn an Oregon federal judge's ruling that the agency exceeded its authority when it issued a rule barring back-of-house restaurant workers from employer-mandated tip pools.

  • April 17, 2014

    Min. Wage Increase Could Cost Businesses $15B, CBO Says

    The nonpartisan Congressional Budget Office estimated on Thursday that a bill introduced by Senate Democrats aimed at raising the minimum wage, would require private employers to pay an extra $15 billion in 2017 to workers covered by the Fair Labor Standards Act.

  • April 17, 2014

    State Street Bank Escapes GM Workers' ERISA Class Action

    A Michigan federal judge threw out an Employee Retirement Income Security Act suit brought by General Motors Corp. workers who alleged State Street Bank & Trust Co. continued to offer GM stock after it became imprudent, saying the plaintiffs didn’t meet their burden to show that the actions were unreasonable.

  • April 17, 2014

    Rick's Cabaret Gets Dancer Wage Case Sent To Arbitration

    A Florida federal judge on Wednesday nixed a proposed class action accusing Rick's Cabaret International Inc. of failing to pay dancers proper minimum and overtime wages, granting the strip club owner's bid to compel arbitration despite a plaintiff's objection that arbitration would be too costly. 

  • April 17, 2014

    NJ Ratepayer Advocate Hit With Bias Suit By Managing Attys

    New Jersey's Division of Rate Counsel has been hit with a discrimination suit in state court by two managing attorneys who say its director overlooked them for a promotion in favor of an underqualified candidate and berated them for questioning her decisions.

  • April 17, 2014

    Fla. Hospital Accused Of Medicare False Billing Cover-Up

    Florida-based hospital system Baptist Health System Inc. helped cover up a prominent doctor’s intentional misdiagnoses of many patients, including the billing of Medicare and Medicaid for unnecessary medical services, according to an employee whistleblower suit unsealed Monday.

  • April 17, 2014

    TIG Sues NHL, 11 Insurers Over Concussion Injury Coverage

    TIG Insurance Co. on Tuesday sued the National Hockey League and nearly a dozen insurers in New York state court, contesting that it owed coverage for two class actions brought by hockey players over concussion injuries.

  • April 17, 2014

    US Steel Ducks Auto Mechanic's Cancer Exposure Suit

    A California court on Tuesday let bulk supplier United States Steel Corp. off the hook in an automotive mechanic's suit alleging he developed leukemia from exposure to a benzene-containing formula of Liquid Wrench, finding that the product US Steel supplied was not inherently defective.

  • April 17, 2014

    11th Circ. Grounds Ex-Delta Worker's ERISA Appeal

    A lower court correctly applied a previous appellate decision and nixed a proposed Employee Retirement Income Security Act class action brought by a former Delta Air Lines Inc. worker who said Delta stock was an imprudent retirement plan investment option, the Eleventh Circuit ruled Thursday.

  • April 17, 2014

    Carlton Fields Opens LA Office, Adds 2 Ex-Steptoe Attys

    Carlton Fields Jorden Burt said Wednesday it had opened a Los Angeles office and hired two Steptoe & Johnson LLP attorneys, a former Steptoe office managing partner and expert in securities, antitrust, real estate and entertainment litigation as leader of the L.A. office and an employment, bankruptcy and intellectual property pro as a shareholder.

  • April 17, 2014

    Fla. Justices Say Civil Rights Law Covers Pregnancy Bias

    The Florida Supreme Court ruled Thursday that the sex bias prohibition in the state's civil right law extends to pregnancy discrimination and ordered a trial court to reinstate claims brought by a former employee of property management company The Continental Group Inc.

  • April 17, 2014

    NHL Aims To Skate Concussion Row To Arbitration

    The National Hockey League will attempt to force arbitration on former players suing over concussions sustained during their careers, an attorney for the league told a Washington, D.C., federal judge on Thursday, saying the players were bound by a collective bargaining agreement.

  • April 17, 2014

    NLRB Says Anti-Union VW Workers Can Join Election Hearing

    The National Labor Relations Board ruled on Wednesday that Volkswagen AG employees who oppose unionization at the company’s Chattanooga, Tenn., plant can participate in a hearing over whether a new representation vote should be held, just as Democratic lawmakers announced an investigation into whether state officials unduly influenced the employees’ decision not to unionize.

Expert Analysis

  • DC Court Applies Common-Sense Limits To Davis-Bacon Act

    Eric Leonard

    A D.C. federal court recently rejected the U.S. Department of Labor's novel application of the Davis-Bacon Act to a privately funded construction project. The ruling sets an important limitation as government agencies become increasingly creative in putting surplus real estate to use and private companies similarly look for more creative infill development opportunities, say Eric Leonard and Craig Smith of Wiley Rein LLP

  • Will Dodd-Frank’s Diversity Mandates Go Far Enough?

    Doreen E. Lilienfeld

    Section 342 of the Dodd-Frank Act and recent diversity standards proposed by regulated agencies may impact employment and recruiting practices, but it is unclear whether they will actually lead to greater diversity and inclusion at financial services institutions. To begin with, there is no enforcement mechanism under Section 342, and the proposed standards do not mandate reporting, disclosure or other specific actions, say Doreen Lilienfeld and Amy Gitlitz Bennett of Shearman & Sterling LLP.

  • Recent Trend To Expand ERISA Liability Grows

    Neal S. Schelberg

    In a distinct trend, federal courts have found that, depending on the text of the underlying plan documents, unpaid employer contributions due under a collective bargaining agreement may be viewed as plan assets, such that the representatives of an employer who exercise fiduciary control over those plan assets can be held individually liable for the unpaid amounts — together with interest and penalties — under the Employee Retirement Income Security Act, say Neal Schelberg and Aaron Feuer of Proskauer Rose LLP.

  • Keep Your Audience From Checking Email: 5 Legal Talk Tips

    Michael H. Rubin

    Why do the majority of speakers get polite claps at the end of their talks while a few select others receive rousing applause? Having given more than 375 presentations to legal groups, bar associations, Fortune 500 companies and corporate gatherings, I’ve learned a few things about what not to do. Remember, great speakers don’t tell “war stories.” They don’t even give examples from their own practice, says Michael Rubin of McGlinchey Stafford PLLC.

  • More Lift For Airlines Defending State Law Tort Claims

    William V. O’Connor

    The recent Ninth Circuit ruling in Ventress v. Japan Airlines correctly affirms years of preemption jurisprudence holding that state law claims that intrude upon the federally regulated area of aviation safety will be preempted. This well-reasoned approach furthers Congress’ goal of creating a uniform system of aviation safety, and provides airlines with another tool in their kit to combat state law claims, employment or otherwise, say attorneys with Morrison & Foerster LLP.

  • Say Goodbye To Dodd-Frank Whistleblower Claims

    Robert P. Riordan

    Since Dodd-Frank's passage, employment lawyers have tended to focus on the law's whistleblower remedy and changes it made to Sarbanes-Oxley's already-existing whistleblower provisions. While SOX's no-waiver rule regarding whistleblower claims remains to be explored, there is no confusion about claims under Dodd-Frank — employers should act with confidence in regard to releases, say Robert Riordan and Brooks Suttle of Alston & Bird LLP.

  • Tax Considerations Before Settling Employment Matters

    Mitchell B. Dubick

    IRS guidelines make clear that how the settlement agreement is drafted and how settlement payments are made can impact the tax liabilities on both sides of an employment dispute. Even the U.S. Supreme Court’s recent U.S. v. Quality Stores decision, holding that severance payments are subject to Federal Insurance Contributions Act and Medicare taxes, suggests that carefully worded severance agreements may still qualify for nonwage treatment, say Mitchell Dubick and Joshua Katz of Higgs Fletcher & Mack LLP.

  • Directors And Officers: Take Heed Of New DC Nonprofit Law

    John C. Eustice

    As part of an effort to update District of Columbia law and make the district more business friendly, the city council has passed amendments to the D.C. Business Code, including the Nonprofit Corporation Act of 2010. While the new act does not create additional publicly available information for D.C. nonprofit corporations organized in 1963 and after, it does create a larger paper trail for all active D.C. nonprofits, says John Eustice of Miller & Chevalier.

  • Ill.'s Limited Liability Is Unlimited

    Joseph R. Marconi

    In a case of first impression, the Illinois Court of Appeals' First District in Dass v. Yale issued an opinion confirming immunity from liability arising from fraud under the Illinois Limited Liability Company Act. Lawyers advising their clients on the formation of LLCs should be cognizant of this advantage — forming an LLC under the laws of states which have adopted the Uniform Limited Liability Company Act may be grounds for a later malpractice claim if the client is subjected to personal liability for fraud-related acts, says Joseph Marconi of Johnson & Bell Ltd.

  • 5 Employment Law Considerations When Cloud Computing

    Ian C. Schaefer

    The beauty and power of cloud computing is that a company's information is available wherever you are, whenever you need to access it. However, while the upshot is that an employer's data may not necessarily be located in a single place, the geographical location of that data can potentially expose employers to litigation, says Ian Schaefer of Epstein Becker Green PC.