Employment

  • October 17, 2014

    Fla., Calif. Join US In FCA Suit Against Symantec

    Florida and California have joined the U.S. government in a whistleblower lawsuit accusing leading software developer Symantec Corp. of making false claims and statements resulting in its overcharging the governments by millions of dollars for its products, according to a new complaint filed Thursday.

  • October 17, 2014

    DirecTV Technicians Ask To Consolidate FLSA Suits

    A group of DirecTV Inc. technicians on Thursday asked to consolidate 11 Fair Labor Standards Act lawsuits accusing the satellite provider of misclassifying them as independent contractors to avoid wage-and-hour laws, arguing that the factual issues in the cases are nearly identical.

  • October 17, 2014

    SEC Whistleblower Head To Punish Cos. That Silence Tipsters

    In part one of a three-part peek behind the scenes of the U.S. Securities and Exchange Commission’s whistleblower office, director Sean McKessy says he’s actively pursuing cases against employers who to try to keep whistleblowers from coming forward.

  • October 17, 2014

    SEC Attorney Won't Appeal Toss Of Race Bias Suit

    A U.S. Securities and Exchange Commission attorney will not appeal a recent Washington federal court decision dismissing her race discrimination claims against the agency, according to a Thursday court filing.

  • October 17, 2014

    Abercrombie Hit With Overtime Class Action In Calif.

    Abercrombie & Fitch Trading Co. misclassifies its sales and stockroom associates as exempt from overtime wages even though they regularly work more than 40 hours in a week and are often “on call” during other shifts, according to a putative class action removed Thursday to California federal court.

  • October 17, 2014

    Trump Entertainment Allowed To Nix Union Deal In Ch. 11

    A Delaware bankruptcy judge Friday allowed Trump Entertainment Resorts Inc. to ax its collective bargaining agreement with the union representing more than 1,000 employees of the Taj Mahal and impose its alternative that trades pensions for 401(k)s and employer-provided health insurance for coverage under the Affordable Care Act.

  • October 17, 2014

    Modell's Gets Initial Nod On Overtime Settlement

    A New York federal court on Thursday gave preliminary approval to a class action settlement meant to resolve claims that Modell's Sporting Goods Inc. incorrectly classified its assistant store managers as exempt from overtime.

  • October 17, 2014

    PwC Worker Says Comcast Got Him Fired Over Service Calls

    A former PricewaterhouseCoopers LLP employee accused Comcast Corp. of getting him fired after he complained to Comcast about lackluster service, alleging Thursday in a $1 million suit in California federal court that Comcast exploited its business relationship with PwC to retaliate against him.

  • October 17, 2014

    The Employer's Survival Guide To Dealing With The EEOC

    When a worker files a U.S. Equal Employment Opportunity Commission bias charge, this sets in motion a unique process that not only can result in costly litigation but also can leave an employer branded as a serial discriminator. Law360 talked to top defense attorneys — as well as the EEOC — and their insights on navigating the investigation, conciliation and litigation stages of the agency process will be the subject of a three-article series that begins Tuesday.

  • October 17, 2014

    Texas Needs More Ebola Treatment Options, Task Force Says

    A Texas task force on infectious disease recommended that the state establish two Ebola treatment centers, expand authorization for health officials to order hospital staff exposed to Ebola to stay home and add laboratory capacity to diagnose infectious disease, Gov. Rick Perry said on Friday.

  • October 17, 2014

    7th Circ. Keeps 'Worthless Services' Out Of FCA Suits

    The Seventh Circuit declined Thursday to rehear a dispute brought over a nursing home’s allegedly false Medicare filings, leaving intact an earlier ruling that “worthless services” don’t necessarily qualify as fraudulent under the False Claims Act.

  • October 17, 2014

    Diagnostic Centers To Pay $2.6M To Settle Medicare FCA Suit

    Two groups of health diagnostic centers in Houston have agreed to pay over $2.6 million to settle a whistleblower suit brought in Texas federal court alleging the centers had improper relationships with doctors and submitted claims to Medicare that violated the False Claims Act, the U.S. Department of Justice said Friday.

  • October 17, 2014

    Wal-Mart Workers Make Push For $15 Minimum Wage

    Workers at nearly 1,700 Wal-Mart Stores Inc. locations throughout the U.S. have signed on to a push for the retail giant to raise its wage floor to $15 per hour, the United Food and Commercial Workers union said Thursday.

  • October 17, 2014

    Post-Firing Evidence Can Be A Potent Limit On Bias Damages

    A recent Second Circuit ruling that Fujifilm Medical Systems USA Inc. could use evidence turned up after an executive was fired to confirm a nondiscriminatory reason for letting him go marked a rare appellate decision involving "after-acquired" evidence, something that attorneys say can be a potent limitation on damages in employment discrimination suits.

  • October 17, 2014

    NYC Hotels Sue AFL-CIO, Claiming Card Check Overreach

    The owners of 12 nonunionized New York City hotels, including two Alofts and two Fairfield Inns, have sued an AFL-CIO subsidiary, saying that it's trying to capitalize on an unrelated court victory to get damaging pro-union policies into their hotels.

  • October 17, 2014

    NLRB Asks Court To Pluck Poultry Co.'s Labor Probe Suit

    The National Labor Relations Board on Thursday urged a Mississippi federal court to chuck chicken producer Sanderson Farms Inc.’s suit accusing the agency of improperly continuing its investigation into unfair labor practices, arguing the court lacked subject matter jurisdiction over the dispute.

  • October 17, 2014

    NASA Contractors Urge Dismissal Of Union Suit Over Wages

    Jacobs Technology Inc. and a subcontractor joined NASA on Thursday in urging a D.C. federal judge to toss a union's suit over wages under a new contract between Jacobs and the agency, arguing it failed to allege the companies breached their collective bargaining agreement.

  • October 17, 2014

    Pa. Judge Boots Bochetto & Lentz Referral Fee Suit

    A Pennsylvania state judge Thursday tossed a case in which Philadelphia plaintiffs firm Bochetto & Lentz PC accused a rival of poaching a personal injury client and reaching an inferior settlement, concluding that the damages claim was rooted purely in speculation.

  • October 17, 2014

    Walgreen Sued By Ex-CFO Over Resignation Reports

    Walgreen Co.’s former chief financial officer Wade Miquelon on Thursday slapped the drugstore chain with a defamation suit in an Illinois county court, saying Walgreen's top brass leaked false reports to the press that he was forced to resign after he “bungled” an earnings forecast.

  • October 16, 2014

    Oncologist Gets New Damages Trial After $90M FCA Judgment

    A Florida federal judge on Thursday ordered a new damages trial after previously entering an $89.6 million judgment against a radiation oncologist in a False Claims Act suit alleging the doctor billed Medicare for procedures that were never actually performed or were done improperly.

Expert Analysis

  • Workplace Civility Is Dead And The NLRB Killed It

    Aurora V. Kaiser

    Federal appellate courts will likely review several "courtesy cases" decided by the National Labor Relations Board given its defense of disruptive activity in the workplace under Section 7 of the National Labor Relations Act — a defense the NLRB may not be able to fully harmonize with other workplace obligations and interests, says Aurora Kaiser of Morrison & Foerster LLP.

  • When Taking Health Information Is 'Protected Activity'

    Barbara E. Hoey

    State and federal courts haven't always helped when determining over the course of a retaliation suit whether an employee that took "evidence" in the midst of a discrimination lawsuit engaged in "protected activity," say Barbara Hoey and Evelyn Perez of Kelley Drye & Warren LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Breaking Down California’s New Sick Pay Law

    James P. Baker

    The fourth time was the charm. In three prior years, California legislative committees have tried to pass a statewide sick leave bill. This year, on Sept. 10, the Legislature was finally successful. Employers with California employees need to take a magnifying glass to their policies, say attorneys at Baker & McKenzie.

  • Criminal Division Wants In On FCA Whistleblower Complaints

    Christopher Wray

    Now that an early criminal review by the U.S. Department of Justice will be standard operating procedure in every whistleblower matter — in addition to potentially concurrent review by criminal assistant U.S. attorneys in the district where the qui tam action is filed — False Claims Act defendants may face a greater threat of prosecution, say attorneys with King & Spalding LLP.

  • NLRB's 'Joint Employer' Test Will Rewrite Labor Law

    Matthew D. Austin

    The National Labor Relations Board's changing of the legal definition of joint employer with respect to franchisees and franchisors is just one small part of the board's larger goal — intentionally erasing the line between legal entities in most industries, says Matthew Austin of Roetzel & Andress.

  • The State Of America's Home Health Care Workers In 2014

    Joseph A. Carello

    The U.S. Department of Labor's narrowing of Fair Labor Standards Act exemptions for home health care workers will likely have a significant economic impact not only on home care agencies and their workers, but also on consumers and government agencies at the local, state and federal levels that provide funding for home care work, says Joseph Carello of Nixon Peabody LLP.

  • Apple Class Certification Will Affect All Tech Companies

    Ian C. Schaefer

    The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.

  • White House Continues Push For Contractor Labor Rules

    Susan Cassidy

    Two recent executive orders impose significant compliance burdens on contractors. The duty to self-report labor violations is likely to present attractive grounds for bid protests. It also could spur additional litigation from workers who become aware of violations for the first time as a result of these disclosures, say attorneys with Covington & Burling LLP.

  • Differing, Changing Pleading Standards For FCA Suits

    Jonathan Feld

    Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.