Employment

  • May 27, 2016

    Ex-BNSF Worker Wins $1.6M In Whistleblower Suit

    A former BNSF Railway Co. employee was awarded a $1.6 million verdict on Thursday after a federal jury in Washington ruled that he was fired in part in retaliation for conducting a safety test, which is protected under the Federal Railroad Safety Act.

  • May 27, 2016

    Medical Device Co. Says IP Suit Triggers Defamation Policy

    Hernia mesh manufacturer Tela Bio Inc. told a New Jersey federal judge on Thursday that its insurance company is required to cover its defense costs in a trade secret infringement suit, saying allegations rise to the level of defamation covered under its policy.

  • May 27, 2016

    Proskauer Adds Employment Partner From Covington

    Proskauer Rose LLP has brought on an employment attorney previously with Covington & Burling LLP as a partner in its Washington, D.C., office.

  • May 26, 2016

    Ex-Staples Worker's $16M Age Bias Win Upheld On Appeal

    A California appeals court on Thursday upheld a $16 million age discrimination verdict awarded to a former Staples Inc. employee, saying the company's “high degree of reprehensibility” justified the jury’s grant of $13 million in punitive damages.

  • May 26, 2016

    FedEx Accused By NJ Truck Drivers Of Misclassification

    FedEx has enjoyed significant savings over its competitors by shifting essential ground delivery business expenses like workers' compensation insurance, taxes and vehicle operating costs to drivers it misclassifies as independent contractors instead of company employees, according to a class action removed to New Jersey federal court Thursday.

  • May 26, 2016

    7th Circ. Nixes Class Waiver In Split With With 5th Circ.

    The Seventh Circuit on Thursday veered from the Fifth Circuit on the legality of class waivers in arbitration agreements, ruling that a health care software company violated the National Labor Relations Act by barring some employees from pursuing class or collective claims.

  • May 26, 2016

    Ark. High Court Affirms Gerber Workers’ $3M Don-Doff Win

    The Arkansas Supreme Court on Thursday affirmed a lower court decision awarding Gerber employees $3 million in unpaid wages for time spent changing in and out of their uniforms, rejecting the baby food maker’s argument that it wasn’t compensable work under a union agreement.

  • May 26, 2016

    Meat, Poultry Worker Injury Reporting Needs Fixes, GAO Says

    The U.S. Department of Labor needs to step up its collection of injury and illness data for workers in the meat and poultry industry, where such data is likely underreported due to fear from employees that they may be fired, according to a U.S. Government Accountability Office report released Wednesday.

  • May 26, 2016

    Chamber Report Says Yates Memo Discourages Cooperation

    The U.S. Department of Justice runs the risk of discouraging corporations from cooperating with investigations under the so-called Yates Memo, the U.S. Chamber of Commerce's Institute for Legal Reform said in a report Thursday, arguing that workers could be pitted against their employers under the policy.

  • May 26, 2016

    Stephanie McMahon Deposed In WWE Concussion Suit

    A Connecticut federal judge on Thursday granted a request by two former professional wrestlers to depose World Wrestling Entertainment Inc. executive Stephanie McMahon Levesque in their suit alleging the wrestling company hid the harmful effects of repeated head injuries from its employees.

  • May 26, 2016

    NJ Assembly Passes $15 Minimum Wage Bill

    The New Jersey Assembly on Thursday advanced legislation that would gradually boost the minimum wage to $15 an hour in phased increases over the next five years, an initiative touted by the chamber’s Democratic leaders as a tool to help reverse the trend of poverty in the state.

  • May 26, 2016

    Ex-MMA Trainer Says He Was Axed For Protesting Injury Risks

    A former mixed martial arts fighter and trainer hit MMA promotion company Bellator and its owner Viacom with a lawsuit in a California state court Tuesday alleging he was wrongfully terminated as Bellator's talent director after protesting practices that he says jeopardize the health and safety of professional fighters.

  • May 26, 2016

    DOL Accuses Pilgrim's Pride Of Race, Gender Bias In Hiring

    The U.S. Department of Labor has sued poultry producer Pilgrim’s Pride Corp. to cancel at least $75 million worth of government contracts and debar it from future contracts until it has corrected allegedly discriminatory hiring practices at a processing facility in Mount Pleasant, Texas, the agency said on Wednesday.

  • May 26, 2016

    Feds Join $50M Calif. FCA Suit Against Prime Healthcare

    The federal government joined a $50 million False Claims Act suit alleging Prime Healthcare Services Inc. overcharged Medicare and Medicaid with phony admissions information at California hospitals, saying Wednesday Prime’s alleged fraudulent billing practices are unfair to taxpayers.

  • May 26, 2016

    Choudhury Rape Accuser Can View Yoga Guru’s Finances

    A former teacher trainee of Bikram Choudhury who claims the yoga guru raped her can make pretrial inquiries into his finances, a California judge ruled Thursday, saying that if she proves her allegations then she is likely to also win punitive damages.

  • May 26, 2016

    We Never Agreed To Strike Ban, Women's Soccer Team Says

    The U.S. Soccer Federation can't show any signed document banning the U.S. Women’s National Soccer Team from striking, despite its claim the Players Association had accepted a “no strike, no lockout” clause, the union told an Illinois federal judge Thursday.

  • May 26, 2016

    PharMerica Wrong On FCA's 1st-To-File Bar, High Court Hears

    PharMerica Corp.’s effort to force the dismissal of False Claims Act suits filed when related suits were pending should be rejected, a whistleblower pharmacist told the U.S. Supreme Court this week in a battle over the FCA’s so-called first-to-file bar.

  • May 26, 2016

    Male Ex-Dean Sues Fla. Law School For Gender Bias

    Barry University was sued Tuesday in Florida state court by a former assistant dean at its law school who claims he was wrongly singled out by female management for discipline following students' poor Florida bar exam results and then retaliated against after complaining to the state about gender discrimination.

  • May 26, 2016

    Bon Secours Must Face Ex-Employee’s FCA Suit

    A New York federal judge said Tuesday that Bon Secours Health System must face a former employee’s claims that it defrauded Medicare and Medicaid out of millions of dollars and fired her for launching the allegations, saying she provided sufficient details to back the claims up.

  • May 26, 2016

    Fla. Resort, Golf Course Management Co. Face Wage Suit

    A Florida resort and a golf course management company were hit with a proposed class and collective action in federal court on Thursday, alleging that they deprived caddies of overtime pay and minimum wages in violation of the Fair Labor Standards Act and state law.

Expert Analysis

  • Litigating Trade Secret Misappropriation At The ITC

    Warren S. Heit

    The U.S. International Trade Commission is fast becoming one of the preferred venues to hear trade secret misappropriation actions and is all the more relevant in light of the Defend Trade Secrets Act, say Warren Heit and James Gagen of White & Case LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • The Evolution Of SOX: A Powerful Remedy For Retaliation

    Jason Zuckerman

    The Fourth Circuit's decision in Deltek Inc. v. U.S. Department of Labor is notable for its contribution to the Sarbanes-Oxley Act's expansion into a strong antidote against retaliation. Deltek and other recent SOX decisions indicate that SOX is a potent solution and that retaliation against a whistleblower can be quite expensive for a company, says Jason Zuckerman, principal at Zuckerman Law.

  • Trump’s Immigration Position Paper: A Nuanced Examination

    Noah Klug

    Donald Trump’s assertion that he will increase the prevailing wage for H-1B workers does not make sense. If he wants to raise prevailing wages to discourage employment of H-1B workers, he would have to work very closely with Congress to modify the methodology and data used for the calculations, and even then, he would be on unsteady legal footing, says Noah Klug at Berry Appleman & Leiden LLP.

  • 4th Circ. Takes A Conservative Approach To LGBT Rights

    Susan Warner

    While the Fourth Circuit’s recent ruling in Grimm v. Gloucester County School Board has been referred to as a landmark victory for transgender rights by some, a more careful reading of the decision indicates that the ruling was not necessarily a breakthrough for transgender rights, but a decision based on a conservative judicial approach to executive agency deference, says Susan Warner at Nelson Mullins Riley & Scarborough LLP.

  • Preparing For New Paid Family Leave Laws

    Robin J. Samuel

    Recent developments in California and New York have significantly increased the availability of paid family leave. Employers in these areas and elsewhere should begin to plan for a likely rise in the number of employees taking family leave, as similar measures may well be adopted in more states in the near future, say Robin Samuel and Amy Kett at Hogan Lovells.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • What Nonprofits Need To Know About Nonexempt Employees

    Benjamin E. Stockman

    The challenge for nonprofits of properly paying for "compensable time" will only get greater when the upcoming changes to the Fair Labor Standards Act's "white-collar" exemptions reclassify millions of employees nationwide as nonexempt — and thus overtime-eligible, say attorneys at Venable LLP.

  • Why Mediations Fail And What To Do About It

    Cecilia H. Morgan

    The standard responses for why mediations fail are “wrong people, wrong time, no joint session,” but in interviews with colleagues and fellow mediators, Cecilia Morgan at JAMS ADR takes a look at other common reasons why mediation are unsuccessful, and the best ways to guide a mediation to a satisfactory conclusion.