Employment

  • March 31, 2015

    Judge Certifies Trimmed Class In Furniture Worker FLSA Row

    A Mississippi federal judge on Monday conditionally certified a class of workers in a collective action accusing United Furniture Industries Inc. and several related entities of violating the Fair Labor Standards Act by forcing them to work off-the-clock, but trimmed the proposed class definition to exclude plaintiffs from a previous case.

  • March 30, 2015

    Pao’s Defeat To Chill Sex Bias Claims In Tech Industry

    Ellen Pao’s high-profile loss in her $100 million gender discrimination battle against former employer Kleiner Perkins Caufield & Byers LLC is likely to deter other female professionals from sticking their necks out and waging similar fights against venture capital firms and technology companies, lawyers say.

  • March 30, 2015

    JC Penney Takes $3M Atty Fee Battle To Texas High Court

    JC Penney Co. Inc. on Friday asked the Texas Supreme Court to overturn a $3.1 million attorneys' fee awarded by a trial judge in a shareholder derivative suit against the retailer that alleged an improper executive compensation scheme, arguing that the lower courts erred in refusing to use the lodestar method to calculate the fees.

  • March 30, 2015

    Tenn. Justices Say Whistleblower Can't Just Tell Wrongdoer

    Tennessee’s high court ruled Friday in a case of first impression that a worker can’t qualify as a “whistleblower” under state law unless they report their employer’s wrongdoing to someone besides the perpetrator, which might require contacting an outside entity.

  • March 30, 2015

    Paterno Family’s Contract Claim Axed Again In NCAA Suit

    A Pennsylvania judge ruled the family of the late Joe Paterno can’t sue Penn State University and the NCAA for breach of contract over fallout from the Jerry Sandusky scandal, according to an order released Monday, the second time the judge has thrown out the claims.

  • March 30, 2015

    Orrick Partner Slams Ex-Handler Atty's Suit Over Firing

    An Orrick Herrington & Sutcliffe LLP partner on Friday urged a New York federal judge to toss a suit claiming that he got an ex-Handler Thayer LLP attorney fired after he was sanctioned by the Second Circuit for trying to disqualify the firm, calling it "the latest in a campaign of harassment."

  • March 30, 2015

    Judge OKs Tentative Tyson Foods Class Action Settlement

    A Kansas federal judge on Monday gave preliminary approval of a proposed more than $730,000 settlement of a years-long employment class-action suit that has pitted current and former Tyson Foods Inc. workers against the company.

  • March 30, 2015

    US Sues Okla. University For Bias Against Transgender Worker

    The federal government on Monday sued Southeastern Oklahoma State University and the Regional University System of Oklahoma for allegedly discriminating against a transgender employee by denying her application for tenure and later terminating her because of her gender identity.

  • March 30, 2015

    The 2015 Rising Stars, By Firm

    Law360's Rising Stars recognizes attorneys under 40 who have demonstrated outstanding career accomplishments. This year, King & Spalding LLP and Sidley Austin LLP led the pack with seven Rising Stars each, followed by Gibson Dunn and Sullivan & Cromwell LLP with six Rising Stars each, and Jones Day and Kirkland & Ellis LLP with five Rising Stars apiece.

  • March 30, 2015

    Whole Foods Can't Bag Ex-Employees' Background Check Suit

    A Florida federal judge on Monday refused to dismiss a proposed class action accusing Whole Foods Market Group Inc. of violating the Fair Credit Reporting Act with its employee background check notification methods, ruling the suit alleged Whole Foods’ liability release was included in a disclosure document.

  • March 30, 2015

    DOL Extends Comment Period For Contractor Sex Bias Regs

    The U.S. Department of Labor said on Friday that it was extending the deadline for comments on a proposed rule to revise sex discrimination guidelines for federal contractors, in light of  a recent U.S. Supreme Court ruling that revived a pregnancy bias case against United Parcel Service Inc.

  • March 30, 2015

    Justices Told To Defer To Voters On Same-Sex Marriage Bans

    Four states looking to keep in place bans on same-sex marriage told the U.S. Supreme Court on Friday that it should be up to their voters to define marriage, not the federal judiciary.

  • March 30, 2015

    Relators Dispute Atty Fee Bid Over $320M FCA Mortgage Deal

    Two relators in a False Claims Act row involving Taylor Bean & Whitaker Mortgage Corp. and Home America Mortgage Inc. have hit back at their former counsel’s claim to fees stemming from a $320 million settlement, urging a Georgia federal judge to invalidate a lien on their share of the deal.

  • March 30, 2015

    Dioceses Seek Another Birth Control Showdown In 3rd Circ.

    A pair of Pennsylvania dioceses and affiliated nonprofits are asking the Third Circuit to reconsider requiring them to comply with the Affordable Care Act’s contraceptive coverage mandate, saying the court misunderstood the Catholic faith when ruling that merely waiving participation in the program wasn’t a substantial burden on their religious beliefs.

  • March 30, 2015

    American Apparel Clarifies Media Rule After NLRB Complaints

    American Apparel Inc. has clarified its media policy after four employees filed complaints with the National Labor Relations Board alleging the newly implemented guidelines were intended to silence its workers from speaking to the press.

  • March 30, 2015

    Top Contractors' Policies May Chill Fraud Reports, OIG Says

    Thirteen of the biggest contractors with the U.S. Department of State have policies that could dissuade employees from reporting fraud, although none have ever enforced those policies, the Office of Inspector General said in a report made available Monday. 

  • March 30, 2015

    Au Pair Suit Brings Domestic Worker Abuse Into Spotlight

    As a class action unfolds in Colorado alleging au pairs on the J-1 visa program have had their wages fixed at $4.35 per hour, Law360 takes a closer look at the exploitation of domestic workers by abusive employers who range from middle-class families to high-ranking diplomats.

  • March 30, 2015

    Google Engineer Nixes Objections To $415M Anti-Poach Deal

    A Google Inc. software engineer on Monday withdrew his objections to a $415 million settlement in the antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing to not poach engineers, asking a California federal judge to disregard concerns he raised Friday.

  • March 30, 2015

    IRS Finalizes Rules For Deducting Excessive Compensation

    The IRS said in final regulations released Monday that limitations on deducting excessive compensation for executives of publicly held companies apply to all types of equity-based compensation, not just stock options and appreciation rights.

  • March 30, 2015

    KBR Whistleblower In Iraq FCA Case Sent To Arbitration

    An Illinois federal judge on Monday pushed a whistleblower into arbitration and out of a False Claims Act suit alleging mismanagement and kickbacks by KBR Inc. and two subcontractors in Iraq, saying the former employee was subject to arbitration contract provisions.

Expert Analysis

  • Top Tips For Data Breach Readiness And Response

    Elizabeth C. Rogers

    Until Congress agrees on uniform responsibilities and liabilities for data breaches, companies operating in the U.S. must traverse a patchwork of laws in 47 states and the District of Columbia. Still, firms can and should develop a written information security response plan and maintain relationships with breach response vendors, say Elizabeth Rogers and Alan Sutin of Greenberg Traurig LLP.

  • Can Employers Record Employee Phone Conversations?

    James M. McCabe

    Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • OSHA Final Rules On SOX Will Increase Retaliation Claims

    Kenneth W. Gage

    The U.S. Occupational Health and Safety Administration's final regulations on workplace retaliation claims brought by purported whistleblowers under the Sarbanes-Oxley Act continue to take an employee-friendly approach and employers should expect the number of such claims to continue rising, say attorneys at Paul Hastings LLP.

  • Don't Click On That Link! Your Data May Depend On It

    Randi W. Singer

    Cybersecurity is the ultimate team sport and every person in a company — from a corporate director all the way down to an entry-level employee — needs to be aware of spear phishing, which is often the easiest route into a sophisticated computer network, say Paul Ferrillo and Randi Singer of Weil Gotshal & Manges LLP.

  • 3 Ways To Curb Insider Threats Without Alienating Employees

    Thom Ottoson

    Insider threats may be the most grievous of threats companies face because they always come from a trusted individual. But not all trusted individuals should be subject to scrutiny all the time. Instead of creating a culture of security, it causes a culture of fear, say Thomas Ottoson and Nicholas Metzgar, founders of LemonFish Technologies LLC and former technical directors in the Office of the Director of National Intelligence.

  • To Understand King V. Burwell Look To Yates V. US

    Kurt W. Melchior

    When considering the U.S. Supreme Court's pronouncements on statutory construction in Yates v. United States, it should be apparent that in the case of the Affordable Care Act's insurance exchanges, the standard statutory construction rules that the high court so recently applied should result in a victory for the federal government in King v. Burwell, says Kurt Melchior of Nossaman LLP.

  • NJ Supreme Court Clarifies Expert Testimony Rule

    Timothy Freeman

    Practitioners should take note of the New Jersey Supreme Court's recent decision in Townsend v. Pierre when seeking to exclude expert testimony that is based on factual scenarios that have no support in the record, says Timothy Freeman of Sedgwick LLP.

  • Calculating Costs Of Improper Calif. Background Checks

    Joshua R. Dale

    There are substantial penalties for California employers obtaining information on job seekers in violation of state and federal law or for using lawfully obtained information for an improper purpose. These penalties can include federal and state agency enforcement actions as well as private lawsuits on behalf of the aggrieved job applicant, says Joshua Dale of Michel & Associates PC.

  • Corporate Officers Can Blow The Whistle, Too

    Amy Riella

    Although corporate officers who learn of fraud from another employee or through the compliance process typically are ineligible for awards under the whistleblower program, there is an important exception to the rule, and it is likely that the U.S. Securities and Exchange Commission will continue to rely on it, says Amy Riella of Vinson & Elkins LLP.