Employment

  • April 30, 2015

    Security Co. Sues Ex-Guard To Block Class Arbitration

    Security services provider Universal Protection Service LP sued a former employee in California state court Wednesday seeking a ruling that an arbitration provision the parties agreed to when he began working as a security guard bars him from bringing a class arbitration over alleged wage violations.

  • April 30, 2015

    3rd Circ. Pans NLRB's Analysis Of Withheld Benefits Claim

    In a precedential ruling on unfair labor practices, a Third Circuit panel on Wednesday suggested the National Labor Relations Board failed to examine a New Jersey health care facility’s motives, as dictated by case law, when it determined that the employer improperly withheld benefits from workers mulling unionization.

  • April 30, 2015

    Tribes, Business Groups Urge Congress To Rein In NLRB

    A coalition of Native American and business groups expressed support Wednesday for legislation that would prevent the National Labor Relations Board from acting in tribal employment matters, joining a chorus of tribal leaders who have called on lawmakers to adopt the bill.

  • April 30, 2015

    Citrix Director Pay Claims Get Go-Ahead From Del. Chancery

    A Delaware Chancery judge allowed a Citrix Systems Inc. shareholder's derivative claims challenging directors' stock compensation as excessive to go forward, ruling Thursday it was “reasonably conceivable” the brass were unjustly enriched, but axing allegations the pay was a waste of corporate assets.

  • April 30, 2015

    Polsinelli Nabs Employment Duo In SF From Seyfarth Shaw

    Polsinelli LLP has hired a pair of prominent former Seyfarth Shaw LLP employment attorneys, who bring wide-ranging expertise in labor law, to join its growing San Francisco office as shareholders.

  • April 30, 2015

    Lloyd's Off Hook For Huron's $2.7M Whistleblower Suit Costs

    A New York appeals court on Thursday freed Underwriters at Lloyd's of London from paying Huron Consulting Group Inc.'s $2.7 million defense tab from a whistleblower suit tied to alleged overbilling by St. Vincent's Hospital, saying an exclusion for government suits applies even though the government didn't intervene in the underlying action.

  • April 30, 2015

    Breitling Claims Ex-Exec Trashed Company After Firing

    Breitling Energy Corp. on Tuesday sued its former vice-president of commodities in Dallas state court, alleging he went on a weeks-long vacation and spending spree with company money, then made false allegations about securities violations to Breitling board members.

  • April 30, 2015

    Salvation Army Worker Says Tiff With Rude Boss Got Him Axed

    A former Salvation Army retail director is suing the charity for discrimination in California federal court, claiming he was wrongfully terminated after he refused to fire several employees because they were black.

  • April 30, 2015

    'Disappointed' Judge Denies Sanctions In Sears Peeping Case

    Attorneys for women accusing Sears Holding Corp. of negligence for keeping on a maintenance worker who spied on store dressing rooms for years lost a motion for sanctions over a destroyed videotape after a California judge said she was "very disappointed with the lawyering" on the brief.

  • April 30, 2015

    NLRB Judge Says Union On The Hook For Firings, Threat

    A union representing thousands of Spirit AeroSystems Inc. workers in Wichita, Kansas, violated federal labor law when a representative caused the terminations of two workers and threatened one of them with “bodily harm,” a National Labor Relations Board judge ruled Wednesday.

  • April 30, 2015

    House Approves Bicameral 2016 Budget Deal

    The U.S. House of Representatives on Thursday agreed to a $1.12 trillion bicameral 2016 budget deal that seeks to repeal the Affordable Care Act and broadly cut federal spending over the long term, with the exception of defense spending.

  • April 30, 2015

    NJ Firms Face Fresh RICO Suit Over Employment Settlement

    A former employee of Passaic County, New Jersey's Board of Social Services, who alleges she was fraudulently induced into a settlement with the agency and its board members after being unjustly terminated, filed an amended RICO suit Monday accusing the board and its attorneys of conspiring against her.

  • April 30, 2015

    8th Circ. Urged To Restore H-2B Carnival Workers' Wage Row

    Farmworker Justice, Advocates for Human Rights and other groups filed a friend-of-the-court brief Wednesday, asking the Eighth Circuit to revive contract claims brought by carnival guest workers seeking unpaid wages, and saying the suit's dismissal undermines H-2B program requirements.

  • April 30, 2015

    Mich. Tribe Spars With NLRB Over Casino's Anti-Union Rules

    The Saginaw Chippewa Indian Tribe on Wednesday urged the Sixth Circuit to overturn a National Labor Relations Board decision faulting the tribe for suppressing union activities at its Michigan casino, arguing the board had trampled on its sovereignty.

  • April 30, 2015

    CVS Suit Requires No Conciliation, EEOC Tells 7th Circ.

    The U.S. Equal Employment Opportunity Commission urged the Seventh Circuit on Thursday to revive its suit over a CVS Pharmacy Inc. separation agreement that it says interfered with workers' rights to bring EEOC charges, saying the agency wasn't required to engage in conciliation before suing.

  • April 30, 2015

    Ex-HSBC Employee Slams Subpoena In Retaliation Row

    A former HSBC Securities (USA) Inc. employee who says the company retaliated against him for reporting that a now-fired executive was sexually harassing a female subordinate asked a New York federal court Wednesday to quash an HSBC subpoena seeking information from his former employer, Barclays Capital.

  • April 30, 2015

    Whistleblowers Get New Ammo On FCA Extrapolation

    A Florida federal judge has endorsed a whistleblower’s use of extrapolation in False Claims Act litigation against nursing homes to prove potentially vast liability based on a small billing sample, the latest setback for defense counsel seeking to curtail the tactic.

  • April 30, 2015

    Ex-Schlumberger Atty Says Anti-SLAPP Rulings Support Her

    Two recent rulings in the Texas Supreme Court over the state's anti-SLAPP statute help to prove the case of an ex-Schlumberger Ltd. attorney who won a $600,000 award in dismissing trade secret claims under the statute, her lawyers told Texas' First District Court of Appeals on Wednesday.

  • April 30, 2015

    No Early Knockouts In Pension Action Against Foot Locker

    A Manhattan federal judge on Thursday refused to award summary judgment either to Foot Locker Inc. or to a class of employees who claim that the retailer cheated them out of retirement benefits by offering a confusing “wear-away” plan.

  • April 30, 2015

    Ex-DHS Atty’s Discrimination Claims Gutted

    A former deputy chief counsel with the U.S. Department of Homeland Security can't claim in Florida federal court she was forced to resign because of her race, gender or age but can argue she was illegally demoted, a federal magistrate judge recommended Wednesday.

Expert Analysis

  • Class Action Mooting Meets Twombly And Iqbal

    Douglas Darch

    Employers should evaluate the use of strategic offers of complete relief to named plaintiffs early in litigation to avoid class and collective actions. Mooting a plaintiff’s claim can be a highly attractive alternative for defendant employers since, in most cases, it will be significantly cheaper to pay the individual plaintiff than to adjudicate class claims, says Douglas Darch of Baker & McKenzie LLP.

  • Growing Opioid Abuse Presents Problems For Employers

    A. Kevin Troutman

    The U.S. has one of the highest per capita rates of opioid use in the world and the threats addiction bring pose dangers and dilemmas as serious as any that employers have faced since passage of the Drug Free Workplace Act of 1988, says A. Kevin Troutman of Fisher & Phillips LLP.

  • OPINION: Most Clinton Critics Are Missing The Point

    Jason B. Bonk

    How do our society’s critics keep missing the mark? There is a problem here. It’s not Hillary Clinton's use of a personal email account in her capacity as a government official, but rather an issue of accountability, says Jason Bonk of Cozen O'Connor.

  • Guilt — And Liability — By Association Under The ADA

    Christopher G. Gegwich

    Manon v. 878 Education LLC should reinforce for employers the broad reach of the Americans with Disabilities Act and local civil rights laws in prohibiting actions against employees not only due to their own disabilities, but also the disabilities of others with whom the employee has an “association” or “relationship,” say Christopher Gegwich and Alexander Gallin of Nixon Peabody LLP.

  • Trick Or Tweet: The Perils Of Punishing Employee Posts

    Michael C. Schmidt

    It certainly is a little early for Halloween references. But it is never too early to develop the appropriate mindset when it comes to taking action based on employees’ statements or conduct on social media. Responding to every employee tweet can either be a permitted act or a trap for the unwary, says Michael Schmidt, managing partner in Cozen O'Connor's New York office.

  • Leaves Of Absence And Nonaccrual Vacation In Calif.

    Sebastian L. Miller

    Given the remedies available to employees and the uncertain state of current case law surrounding leaves of absence and nonaccrual vacation policies in California, employers would be wise to reconsider excluding LOA participants from benefiting from their unlimited vacation policies, says Sebastian Miller of Sebastian Miller Law PC.

  • NLRB Report On Work Rules Is Required Reading

    Robert A. Boonin

    While virtually all private sector employers with an employee handbook are vulnerable to scrutiny from the National Labor Relations Board after its general counsel's report on employer work rules, employers with policies on social media, confidentiality, arbitration of class claims, use of logos and cameras and appropriate conduct are more vulnerable than others, says Robert Boonin of Dykema Gossett PLLC.

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • Employers Should Learn From Clinton Email Kerfuffle

    Samantha L. Southall

    Hillary Clinton is not the first official to use personal email to conduct official business, but her example is a cautionary tale for private employers given security concerns, the Health Insurance Portability and Accountability Act and other possible privacy violations and document retention issues, say Samantha Southall and David Schumacher of Buchanan Ingersoll & Rooney PC.

  • Following The FCA's Public Disclosure Bar

    Lori L. Pines

    Although further clarification is needed, courts appear to be leaning toward interpreting the Affordable Care Act's amendments to the False Claims Act's public disclosure bar as a nonjurisdictional defense. Litigants in FCA cases must therefore be prepared for corresponding changes in motion practice, timing and overall burdens, say Lori Pines and Shireen Nasir at Weil Gotshal & Manges LLP.