Employment

  • July 30, 2015

    AlliedBarton, Guards Can’t Arbitrate Break Dispute After Cert.

    A California federal judge on Wednesday denied a joint bid to arbitrate a class action filed by security guards accusing AlliedBarton Securities Services LP of not providing off-duty meal breaks, saying a federal court can’t allow an already-certified class action go to an arbitrator for settlement.

  • July 30, 2015

    Miami Tunnel Workers Say They Were Denied Overtime Pay

    A putative class of construction workers who helped build the Miami Tunnel project that created direct highway access to PortMiami filed a Fair Labor Standards Act suit in Florida federal court Wednesday alleging Bouygues Civil Works Florida Inc. owes them overtime pay.

  • July 30, 2015

    Corporate Tax Code Needs Reform, Senate Panel Hears

    A host of business leaders on Thursday lobbied a U.S. Senate committee for relief from high corporate tax rates, saying the current system pressures them to relocate overseas and makes their companies vulnerable to buyouts by foreign rivals.

  • July 30, 2015

    IHS Defends Using Local Health Funds For $80M Labor Deal

    The Indian Health Service told tribal leaders on Wednesday that they were not consulted about an $80 million labor settlement, which will be paid largely out of local health providers’ coffers, because the deal with unions was an “internal agency matter.”

  • July 30, 2015

    No Expert Fees Under FLSA, 2nd Circ. Rules

    Winning plaintiffs can’t be reimbursed for expert fees under the Fair Labor Standards Act, the Second Circuit ruled Wednesday, siding with a New York contracting business in a long-running wage-and-hour dispute.

  • July 30, 2015

    Goodyear Slammed With Rest Break Pay, OT Suit

    The Goodyear Tire & Rubber Co. was hit with a proposed class action on Wednesday in California federal court accusing the company of numerous wage violations, including failure to pay for rest periods and to properly calculate overtime.

  • July 30, 2015

    Dem Reps. Want Proof Of Compliance Before TPP Goes Live

    A bevy of Democrats in the U.S. House of Representatives on Wednesday urged the White House to verify that all parties to the Trans-Pacific Partnership have complied with the deal before it is enacted, particularly emphasizing the TPP's rules governing labor, the environment and telecommunications.

  • July 30, 2015

    Brady Must Face Deflategate Charges In NY, Minn. Judge Says

    A Minnesota federal judge on Thursday rejected the National Football Players Association's attempt to have the so-called Deflategate controversy battled out in a Minnesota court — a court that's been notoriously tough on the NFL in the past — saying that since the league filed an action in New York first, that is where the case must be heard.

  • July 29, 2015

    NLRB Beats US Chamber Suit Over 'Ambush Election Rule'

    A District of Columbia federal judge on Wednesday ruled that the U.S. Chamber of Commerce and other business groups challenging the National Labor Relations Board’s new rule to speed up the union election process failed to prove the rule violated the National Labor Relations and Administrative Procedure acts.

  • July 29, 2015

    DOL Defends $6.5M Win Over DirecTV Installer's Pensions

    The U.S. Department of Labor backed a nearly $6.5 million judgment against a DirecTV installation company's retirement plan trustees for causing the plans to overpay for company stock, urging the Fifth Circuit on Wednesday to not overturn the award.

  • July 29, 2015

    Workers Hit Cable Co. With Collective Action Over OT Pay

    A proposed class of employees for a Texas cable company launched a putative collective action in Georgia federal court Tuesday, accusing their employer of violating the Fair Labor Standards Act by withholding overtime compensation and not paying for other work.

  • July 29, 2015

    Costco Water Sales Reps Score Deal In OT Suit

    DS Services of America Inc. agreed Tuesday to pay $700,000 to settle a putative class action alleging the bottled water company violated federal labor laws by not paying overtime to DS sales representatives working inside Costco Wholesale Corp. stores.

  • July 29, 2015

    Trump Entertainment Gets More Time To Control Ch. 11 Case

    A Delaware bankruptcy judge on Tuesday allowed Trump Entertainment Resorts Inc. to retain control of its case until February as implementation of the Atlantic City, New Jersey, casino operator's confirmed Chapter 11 plan remains in limbo, awaiting a Third Circuit decision on rejection of its union's collective bargaining agreement.

  • July 29, 2015

    Houston Must Count Signatures In Anti-LGBT Activist Petition

    A Houston judge on Tuesday granted mandamus relief to an activist looking to force the city to accept an alleged 22,000-signature petition for a city charter amendment defining "gender identity" in order to prevent transgender women from using women's restrooms, in a fight stemming from the city's new equal rights ordinance.

  • July 29, 2015

    EEOC Sues Assisted Living Co. For Discriminatory Exams

    A Colorado assisted living company is facing a suit by the U.S. Equal Employment Opportunity Commission claiming it illegally fired African-born care providers who failed a discriminatory written test, as well as a white employee who stood up against her boss’s anti-African bias.

  • July 29, 2015

    Ala. Chief Justice Is 'Unfit' For Office, Law Center Says

    An Alabama Judicial Inquiry Commission filing Wednesday accused Supreme Court of Alabama Chief Justice Roy Moore of improperly commenting on pending cases involving same-sex marriage and suggesting that the U.S. Supreme Court’s Obergefell decision doesn't need to be followed.

  • July 29, 2015

    5th Circ. Backs Hospital Staffer's ERISA Suit

    The Fifth Circuit on Wednesday ordered a Texas hospital to cover a former employee’s treatment for bulimia, depression and other mental health problems, reversing a district judge after finding no proof that the nurse needed prior authorization for care.

  • July 29, 2015

    House Passes Bill To Overhaul VA Employee Accountability

    The U.S. House of Representatives passed legislation Wednesday to make it easier for the Department of Veterans Affairs to remove poorly performing employees and provide greater protections to VA whistleblowers, the latest of several bills stemming from a VA health care scandal.

  • July 29, 2015

    4th Circ. Urged To Revive Marriott ERISA Suit Over Stock Plan

    Two former Marriott International Inc. employees urged the Fourth Circuit on Monday to revive their putative class action accusing the hotelier of failing to fulfill terms of a stock awards program and reject Marriott’s contention that its plan was exempt from the Employee Retirement Income Security Act of 1974.

  • July 29, 2015

    Littler Trying To 'Deceive' Court, Ex-NCAA Athletes Say

    Former University of Pennsylvania athletes who are suing the NCAA over their employment status told an Indiana federal court Tuesday that the defendants' counsel, Littler Mendelson PC, is trying to deceive the court by claiming ignorance on issues that go to the heart of their case.

Expert Analysis

  • Reading Between The Lines Of San Francisco's Retail Rules

    Joanne A. Buser

    Certain provisions to San Francisco's Retail Workers Bill of Rights may unnecessarily expose an employer to disparate treatment claims for failure to offer additional work or failure to promote a part-time employee, and consistent criteria should be used to minimize the impact of these risks to covered employers, says Joanne Buser of Paul Plevin Sullivan & Connaughton LLP.

  • IRS To Significantly Trim Determination Letter Program

    Maria P. Rasmussen

    The IRS is eliminating the staggered five-year determination letter remedial amendment cycles for individually designed tax-qualified retirement plans. As a result, some employers may decide to switch to plans that are preapproved by the IRS, which typically limit design choices, say Maria Rasmussen and Allison Tanner of McGuireWoods LLP.

  • The Proposed Best Interest Contract Exemption: Part 3

    Susan Krawczyk

    Some broker-dealers may choose to develop a separate customer platform for retirement investor accounts in order to comply with the U.S. Department of Labor's proposed best interest contract exemption, rather than subject all of their retail customer accounts to the same rules. The more formidable challenge, though, will likely be the fee and compensation disclosure requirements, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

  • Sexual Orientation Discrimination, Title VII And The EEOC

    Howard Fetner

    Though the U.S. Equal Employment Opportunity Commission recently ruled that a claim of discrimination on the basis of sexual orientation falls under Title VII, the decision is not binding on private employers. However, the EEOC is likely to seek to apply the decision to private employers by bringing enforcement actions around the country, says Howard Fetner of Day Pitney LLP.

  • 9th Circ. Confirms FCA Relator's Conviction Bars Recovery

    Suzanne Jaffe Bloom

    U.S. v. CH2M Hill was a matter of first impression in the Ninth Circuit, and the court’s recent holding is consistent with prior decisions from the Sixth and Eighth Circuits that have noted that relators who have been convicted for their participation in the fraud are not entitled to any recovery, say Suzanne Jaffe Bloom and Mollie Richardson of Winston & Strawn LLP.

  • Understanding The SEC's Compensation Clawback Proposal

    Alessandra K. Murata

    To the extent classified as an executive officer, a listed company's general counsel will be subject to potential clawback under the recently proposed compensation recovery rules. The rules would apply to all incentive awards granted to these executive officers, including awards granted at a time when the individual was not serving as an executive officer, say Alessandra Murata and Neil Leff of Skadden Arps Slate Meagher & Flom LLP.

  • Paging Providers, CMS Changes To Stark Law May Help You

    Linda A. Baumann

    The Centers for Medicare and Medicaid Services' proposed rule to simplify compliance with the Stark Law could benefit providers tremendously since the law is a strict liability statute and is increasingly being used by both whistleblowers and the government to impose multimillion-dollar judgments and settlements on hospitals and other health care providers, say attorneys at Arent Fox LLP.

  • The Proposed Best Interest Contract Exemption: Part 2

    Susan Krawczyk

    In light of the U.S. Department of Labor's proposed best interest contract exemption guidance, a broker-dealer might decide to exclude transactions in retirement investor accounts from incentive or bonus programs offered to its brokers, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

  • When Workers' Comp Board Rulings Affect Excess Insurance

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    If a workers' compensation claim brought by an employee against a self-insured employer is contested and resolved by a workers' compensation board, does a finding from that board decision bind an excess insurer in future litigation? asks Larry Schiffer at Squire Patton Boggs LLP.

  • H-1B Guidance Leaves Pre-Simeio Obligations Opaque

    Elizabeth Espin Stern

    Employers will be heartened by the fact that U.S. Citizenship and Immigration Services would seem to have listened to their calls for a longer safe-harbor period and for the matter of Simeio to be applied only prospectively. But they likely will be disappointed by the obtuse language used by the agency in describing its decision not to apply the case retroactively, say Elizabeth Espín Stern and Paul Virtue of Mayer Brown LLP.