• November 25, 2015

    GM Workers Ask 6th Circ. To Rehear State Street ERISA Suit

    General Motors Corp. employees urged the Sixth Circuit on Tuesday to reconsider its split decision releasing State Street Bank & Trust Co. from class allegations that it imprudently held GM stock in their pension plans even as the carmaker's bankruptcy appeared imminent, saying the decision improperly grants immunity to fiduciaries.

  • November 24, 2015

    Uber, Drivers Spar Over Class Size, Arbitration Waiver

    The parties in a closely watched suit that will determine whether Uber Inc. drivers are employees or independent contractors continued to wrestle in California federal court Wednesday over whether to expand the certified class and whether to arbitrate the bulk of their claims.

  • November 24, 2015

    Union Calls For DOJ Probe Over Wal-Mart Worker Surveillance

    The United Food and Commercial Workers International Union on Tuesday urged the U.S. Department of Justice to investigate Wal-Mart Stores Inc. amid a report that the retailer spied on workers organizing for higher wages amid Black Friday strikes in 2012.

  • November 24, 2015

    Pa. Judge Denies Appeal Of Spector Gadon Malpractice Win

    A Pennsylvania federal judge on Monday refused to allow an ex-CEO to appeal a verdict upholding Spector Gadon & Rosen PC’s win in a malpractice suit over a $1 million settlement with his former employer, saying a claim is still pending.

  • November 24, 2015

    3rd Circ. Adopts Test To Evaluate Meal Breaks Under FLSA

    The Third Circuit in a split ruling Tuesday upheld a lower court’s decision to dismiss a lawsuit filed by Pennsylvania prison guards, adopting for the first time a test to determine whether a meal period is compensable under the Fair Labor Standards Act.

  • November 24, 2015

    Chamber, Others Ask 9th Circ. To Rethink PAGA Ruling

    The U.S. Chamber of Commerce and two other organizations pushed the Ninth Circuit on Monday to rethink its recent ruling to uphold a bar on California Private Attorneys General Act waivers in employment arbitration agreements, backing eyewear retailer Luxottica's call for a second look at the decision.

  • November 24, 2015

    Tucker Ellis Stuck With Ex-Asbestos Lawyer's Subpoena Suit

    Tucker Ellis LLP can’t claim it was merely responding to a subpoena when it turned over documents created by an asbestos litigation attorney who was later fired from his new law firm when the records went public on the Internet, a California appeals court ruled Tuesday.

  • November 24, 2015

    Ex-College Basketball Coach Defends Firing Suit

    The former women's basketball coach at Kean University told a New Jersey federal court Monday that she should have the opportunity to prove that NCAA-led investigations resulted in a hostile work environment and violated her right to equal protection.

  • November 24, 2015

    Counsel Seek $12M Of $36M BofA Appraisers' OT Settlement

    Counsel for a class of residential real estate appraisers asked a California federal judge Tuesday for $12 million in attorney's fees after reaching a $36 million settlement with a Bank of America subsidiary in an action accusing it of misclassifying the appraisers as exempt from overtime.

  • November 24, 2015

    UnitedHealth Plan Reaches Settlement In ERISA Suit

    A UnitedHealth Group insurance plan has reached a settlement with a woman who filed a putative class action claiming improper calculations of benefits for employees who participated in Medicare but were also covered by plans UnitedHealth helped run, court documents showed.

  • November 24, 2015

    Aramark Settles Race, Sex Bias Claims From DOL

    Federal contractor Aramark has agreed to pay back wages to over 300 African-American and male employees the Department of Labor said were denied food service jobs on the basis of race and sex, the agency announced Monday.

  • November 24, 2015

    US Says Union Pacific Stock Options Are Taxable In $74M Case

    The federal government asked a Nebraska federal judge Monday to reject Union Pacific Railroad Co.’s bid to recover $74.8 million in alleged tax overpayments arising from the exercise of employee stock options and payments to union members, saying the transactions are taxable.

  • November 24, 2015

    Ill. US Atty To Join Armstrong Teasdale

    A U.S. attorney in Illinois will join Armstrong Teasdale LLP and focus on commercial class actions and whistleblower cases after stepping down at the end of this year, the firm announced Tuesday.

  • November 24, 2015

    FAA Says Fatigue Regs For Cargo Pilots Would Cost Too Much

    The Federal Aviation Administration on Friday asked the D.C. Circuit to quash a challenge from cargo plane pilots protesting the agency’s decision not include them among the pilots covered by new mandatory rest period rules, saying officials had made a sound decision based on a thorough cost-benefit analysis.

  • November 24, 2015

    Exotic Dancers Tell 4th Circ. To Uphold Employee Ruling

    A group of exotic dancers who recently won more than $265,000 in a suit accusing the owners of two nightclubs of underpaying them after they were improperly classified as independent contractors defended the award by telling the Fourth Circuit Monday that the club owners' arguments on appeal lack merit.

  • November 24, 2015

    5th Circ. Axes Debtors' Garnishment Over Cuban Trafficking

    A company that was hit with a garnishment judgment to help meet a shipbuilder client's $80 million judgment in a human trafficking suit won a major victory Monday when the Fifth Circuit found that state laws preempted the garnishment and ordered the money returned.

  • November 24, 2015

    Urban Outfitters' Call-In Shifts Are Illegal, Suit Says

    Urban Outfitters Inc. and subsidiaries Anthropologie Inc. and Free People Inc. have been hit with a putative class action in California state court, alleging they use a call-in scheduling policy that violates California labor law.

  • November 24, 2015

    Spirit Tells 6th Circ. Arbitrator Steamrolled Health Row

    Spirit Airlines on Monday again urged the Sixth Circuit to invalidate an arbitrator’s ruling extending health care benefits to domestic partners of the airline’s flight attendants, saying the trial court and a flight attendants’ union ignored precedent that found the arbitrator exerted undue weight.

  • November 24, 2015

    Shearman Says Ex-Employee Faked Med Docs In FMLA Suit

    Shearman & Sterling LLP said the former employee suing them in New York federal court for allegedly wrongfully termination because of her medical condition provided the firm with falsified medical documents to exaggerate her disability.

  • November 24, 2015

    DynCorp Slams Dismissal Bid In Corporate Espionage Suit

    Defense contractor DynCorp International LLC asked a Florida federal judge Monday to keep alive its lawsuit accusing an AAR Corp. unit of stealing DynCorp trade secrets as the two competed for a U.S. State Department contract, saying its allegations were clear and should be decided by a jury.

Expert Analysis

  • Hyundai Case May Bolster Employer Confidentiality Policies

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    It appears the D.C. Circuit decision in Hyundai America Shipping v. NLRB could provide the death knell to the novel, case-by-case approach used by the National Labor Relations Board majority in the Banner Estrella Medical Center case to determine the need for nondisclosure in internal investigations, says Kenneth Dolin of Seyfarth Shaw LLP.

  • Severance Agreements — Do's And Don’ts For Employers

    Jennifer Fontaine

    With increased attention by the U.S. Securities and Exchange Commission and Equal Employment Opportunity Commission regarding employer-employee agreements, it is vital that all severance agreements containing a broad general release or confidentiality provision include certain language, says Jennifer Fontaine of Paul Plevin Sullivan & Connaughton LLP.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.

  • Increased OSHA Penalties All But Certain In 2016

    Wayne Pinkstone

    A provision in the Bipartisan Budget Act of 2015 will allow the Occupational Safety and Health Administration to increase its monetary penalties by almost 80 percent. The increased fines could change how employers consider dealing with OSHA citations, says Wayne Pinkstone of Fox Rothschild LLP.

  • O’Bannon And Alternative Forms Of Injunctive Relief

    James P. Menton Jr.

    The Ninth Circuit's recent decision in O’Bannon v. NCAA raises important considerations on the type of evidence necessary to maximize the chances of retaining injunctive relief on appeal, say attorneys with Robins Kaplan LLP.

  • NLRB Again Invalidates Arbitration Agreements

    Daniel Schwartz

    The National Labor Relations Board decision in Acevedo v. Amex Card Servs. Co. highlights the ongoing divide between the NLRB and the judicial system regarding the enforceability of arbitration agreements that include class and collective action waivers. The issue ultimately may have to be resolved by the U.S. Supreme Court, say Daniel Schwartz and Patrick McCarthy of Day Pitney LLP.

  • Dating, 'Water Cooler' Apps Pose New Risks For Employers

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    With the holiday shopping season approaching, many employees are going to receive new tablets, smartphones and smart watches that will undoubtedly continue to infiltrate the workplace. The increased capabilities of these devices are paving the way for a new era of apps that allow greater interaction between users and greater anonymity. In the workplace, these two trends create new risks, says Scott Fanning of Fisher & Phillips LLP.

  • Pros And Cons Of The Latest OFCCP Tools

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    In addition to a video intended to improve employee-employer dialogue for disabled individuals, the Office of Federal Contract Compliance Programs recently published a pocket card titled “Requesting a Reasonable Accommodation.” From the employer perspective, the card falls short of its intended purpose. While there is some helpful information, some crucially important information is missing, say attorneys at Michael Best & Friedrich LLP.

  • NYC Thinks Inside The Box With Ban-The-Box Requirements


    There is a growing trend on the federal, state and local levels toward increasing equal employment opportunities for all applicants, and particularly those with a less than pristine criminal history. New York City’s “ban the box” law that became effective on Oct. 27, 2015, appears to be just the next wave in the tide of momentum nationally, says Michael Schmidt of Cozen O'Connor.