Employment

  • December 18, 2014

    Medical Marijuana Use Kills EEOC's ADA Claim, Co. Says

    An assisted living facility accused by the U.S. Equal Employment Opportunity Commission of violating the American with Disabilities Act when it fired an administrator after learning she had epilepsy told a Michigan federal judge Wednesday that her use of medical marijuana precludes the ADA claim.

  • December 17, 2014

    $75M NCAA Concussion Settlement Rejected By Judge

    An Illinois federal judge on Wednesday rejected a $75 million settlement to resolve lawsuits brought by ex-NCAA athletes claiming they have suffered long-term damage from concussions, telling parties to resume negotiations because he has concerns about the fairness of the deal.

  • December 17, 2014

    2nd Circ. Says $5M Punitive Award For Racism Needs Cut

    The Second Circuit on Wednesday said a New York federal judge did not go far enough in cutting a $24 million punitive damages award against ArcelorMittal SA in a steelworker's racial discrimination case to $5 million, saying the reduced award was still excessive.

  • December 17, 2014

    Westlake Sues Contractors Over Allegedly Deadly Botched Job

    A Houston construction company breached a $400 million contract by botching a Louisiana chlor-alkali plant construction job that injured dozens and killed one worker, according to a complaint filed Tuesday by Westlake Chemical Corp.

  • December 17, 2014

    8th Circ. Affirms Bayer's FCA Loss But Trims Damages

    The Eighth Circuit on Wednesday affirmed that a former Bayer Corp. sales representative was terminated in retaliation for alerting authorities to a customer’s Medicaid scam, but trimmed about a third off his $890,000 damages award because it found the emotional distress award was excessive.

  • December 17, 2014

    RadioShack Shells Out $700K To Settle OT Class Action

    RadioShack Corp. agreed to pay $700,000 on Tuesday to settle a class action accusing the electronics retailer of depriving Pennsylvania employees of overtime pay with a “fluctuating workweek” compensation method, roughly five months after the system was found to be in violation of the state’s minimum wage act.

  • December 17, 2014

    Countrywide Whistleblower Nabs $58M Over BofA Deals

    A former Bank of America Corp. executive whose tips about mortgage fraud led to two landmark judgments against the firm will receive nearly $58 million in whistleblower awards, according to recently released New York federal court documents.

  • December 17, 2014

    EEOC Chair Says Wellness Program Regs High On Agency List

    The U.S. Equal Employment Opportunity Commission sees new regulations that will shed light on how to offer corporate wellness programs without violating federal anti-discrimination statutes as "very important" and will be working hard on them in 2015, EEOC Chair Jenny Yang told Law360 in an exclusive interview. 

  • December 17, 2014

    CareOne Can See Law Students' Documents In Union Row

    A New Jersey federal judge partially upheld subpoenas issued by CareOne Management LLC seeking information from two New York University law students in the company's racketeering suit against unions affiliated with its workforce, but denied a bid for sanctions in the acrimonious litigation.

  • December 17, 2014

    SUNY Agency Strikes $4M Settlement In Medicaid Audit Case

    The Research Foundation for the State University of New York will pay $3.75 million to settle a whistleblower suit in New York federal court, admitting that it manipulated audits of New York's Medicaid program and Children's Health Insurance Program under a contract with the state, the U.S. Department of Justice said Monday.

  • December 17, 2014

    Metro-North Gets Record Fine For Injured Worker Retaliation

    Metro-North Railroad has been ordered to pay more than $250,000 to an employee who was intimidated and retaliated against after reporting a workplace injury, the largest fine ever levied in a retaliation case under the Federal Railroad Safety Act, the U.S. Department of Labor said Tuesday.

  • December 17, 2014

    BofA Can't Quash IT Workers' Overtime Class Action

    A New Jersey federal judge Tuesday dismissed some claims in a putative class action accusing Bank of America NA of depriving information technology workers of payable hourly wages for overtime for the past six years, but said plaintiffs had standing to file suit for Fair Labor Standard Act violations.

  • December 17, 2014

    Chicago Pension Reform Bill Unconstitutional, Unions Say

    A coalition of unions and city employees filed suit Tuesday in Illinois court to block a state law designed to plug a multibillion-dollar hole in Chicago’s pension funds, claiming the state constitution bars cuts to public workers’ benefits.

  • December 17, 2014

    Cravath Urges Court To Toss Typist's 'Petty' Bias Suit

    Cravath Swaine & Moore LLP has urged a New York federal judge to dismiss a discrimination lawsuit brought against the firm by a former employee, saying the typist’s suit is based on “petty slights and trivial inconveniences” that don’t amount to actionable claims under federal and state laws.

  • December 16, 2014

    Lockheed, Class Ready To Talk On Cusp Of ERISA Trial

    Lockheed Martin Corp. agreed Tuesday to settle with a class of retirement plan participants who accused the company of losing $293 million of their investment, ending eight years of Employee Retirement Income Security Act litigation that once made it all the way to the U.S. Supreme Court.

  • December 16, 2014

    Senate Advances Security Clearance Reform Bill

    The U.S. Senate took one step closer to security clearance processes on Monday when it passed the Security Clearance Accountability, Reform and Enhancement Act, a measure that limits employment protection for background investigators found guilty of misconduct.

  • December 16, 2014

    Order Impeded Arbitration Appeal In Avandia Fee Fight: Court

    A Texas appeals court on Tuesday reversed a lower court's decision to set aside an order denying Branch Law Firm LLP’s motion to compel arbitration in a dispute over fees from a 2010 Avandia settlement, finding that it interfered with the firm's appeal of the order.

  • December 16, 2014

    Pa. Court Says Obama Immigration Action Is Unconstitutional

    A Pennsylvania federal judge on Tuesday ruled that President Barack Obama’s executive action announced last month allowing certain undocumented immigrants to stay in the country is unconstitutional, saying the president acted outside the scope of his executive authority.

  • December 16, 2014

    MMA Fighters Clobber UFC With Monopoly Class Action

    Current and former mixed martial arts fighters hit the Ultimate Fighting Championship with a multimillion-dollar putative class action in California federal court Tuesday, alleging the company maintains a stranglehold on the MMA market, has systemically choked out rival promoters and is blocking fighters from higher earnings.

  • December 16, 2014

    Pa. Gives Class Actions Warm Welcome In Wal-Mart Ruling

    A Pennsylvania Supreme Court decision Monday upholding a nearly $188 million judgment against Wal-Mart Stores Inc. for denying breaks to its workers signals a split with federal courts over standards for bringing class actions, and could spur a flurry of new claims in the state court system.

Expert Analysis

  • Dart Cherokee Rejects CAFA Anti-Removal Presumption

    John Beisner

    The U.S. Supreme Court's ruling in Dart Cherokee Basin Operating Company v. Owens resolved a lopsided split in the lower federal courts over the proper removal procedure under the Class Action Fairness Act — however, the high court’s closing remark that there is no anti-removal presumption in CAFA cases will likely be of even greater significance going forward, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • Mulling Over The Minimum Wage After The Midterms

    Robert Whitman

    In the wake of November’s midterm elections, four states will have higher minimum wages, which will join 13 others that enacted higher minimum wages earlier this year, and further complicating the issue is that some states have tied their minimum wage increases to inflation, say Robert Whitman and Nadia Bandukda of Seyfarth Shaw LLP.

  • Year In Review: 2014 State And Local Employment Laws

    Susan Gross Sholinsky

    In 2014, states, cities, counties and other localities have been busy picking up Congress' slack on employment law by introducing bills and enacting laws on issues such as ban the box, sick leave and pregnancy accommodation, say Susan Gross Sholinsky and Nancy Gunzenhauser of Epstein Becker & Green PC.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • 'Access' Was At The Heart Of NLRB's Email Ruling

    Anna Elento-Sneed

    Rather than analyzing Purple Communications Inc. by asking whether an employee has the right to use company equipment, the majority on the National Labor Relations Board analyzed the case as an issue involving “access” to an employer’s premises and the right of employees to engage in Section 7 activities — on nonworking time — while on the employer’s premises, say J. Bruce Cross and Anna Elento-Sneed of the Employment Law Alliance.

  • Clarity Comes To ACA's 'Minimum Essential Coverage'

    Philip Peisch

    Recently published rules and guidance from the Internal Revenue Service and Centers for Medicare & Medicaid Services clarify the types of Medicaid coverage that constitute "minimum essential coverage" under the Affordable Care Act and the options for individuals receiving Medicaid not recognized as such, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • High Court Clarifies What Is Compensable Work Time

    Neal Mollen

    In addition to resolving the specific security-screening question, the U.S. Supreme Court’s recent ruling in Integrity Staffing Solutions Inc. v. Busk narrows the range of activities that might be considered compensable and provides needed clarity for employers in determining the limits of their obligations under federal law, say Neal Mollen and Aaron Ver of Paul Hastings LLP.

  • 6 Questions To Ask Before An Internal Investigation

    Ty E. Howard

    Ample literature exists on how to conduct an effective internal investigation and best practices in doing so. Far less common, but equally important, are the questions a company’s decision-makers — whether a CEO, compliance officer or in-house counsel — should ask before the investigation begins, says Ty Howard, a partner with Bradley Arant Boult Cummings LLP and former federal and state prosecutor.

  • What Lawyer-Novelists Learned From Being Lawyers

    Michael H. Rubin

    The consensus that emerged from my discussions with several lawyers who have become best-selling novelists is that the traits it takes to be a great lawyer are invaluable in crafting first-rate mysteries and thrillers. Both thriller authors and lawyers possess a concentrated attention to detail that allows them to create a logical framework for their story, brief or courtroom presentation, says Michael Rubin of McGlinchey Stafford PLLC.

  • Regulators Initiate Thrift Savings Plan Rollover Battle

    Stephen J. Korotash

    Financial firms that have participated in the transfer of client funds from a Thrift Savings Plan account to an individual retirement account should be aware that regulatory scrutiny of that practice is underway. In addition to regulatory action, reputational harm awaits firms that fail to address potential issues now, say Stephen Korotash and Danny Ashby of K&L Gates LLP.