Employment

  • September 22, 2016

    Groupon Must Detail Hiring Process For EEOC, Judge Says

    Groupon Inc. must turn over information about its hiring process to the U.S. Equal Employment Opportunity Commission as part of the commission’s investigation of a discrimination complaint brought by a candidate for an executive position with the company, an Illinois federal judge said Wednesday.

  • September 22, 2016

    Protesters Shout Down TPP-Stumping Gov’t Officials

    Protesters interrupted U.S. Trade Representative Michael Froman and Sen. Jeff Flake, R-Ariz., as the pair stumped for the controversial Trans-Pacific Partnership at a beltway-insider event Thursday in D.C., shouting out that the trade deal favors corporate interests over labor and environmental protections.

  • September 21, 2016

    IRS Not Liable For New York Presbyterian FICA Settlement

    The U.S. Court of Federal Claims has tossed a suit brought by New York Presbyterian Hospital seeking repayment from the Internal Revenue Service of Federal Insurance Contribution Act tax reimbursements it was forced to pay medical residents to settle a previous class action.

  • September 21, 2016

    BofA Settles 'Bro's Club' Claims In Gender Bias Suit

    Bank of America Corp. has settled a discrimination case in which a female managing director portrayed the company’s office culture as a “bro’s club” that treated female senior traders as "second-class citizens."

  • September 21, 2016

    DOL OT Rule Hard To Nix, But Automatic Increases May Fall

    States and business groups face an uphill battle in their efforts to block a U.S. Department of Labor regulation that would raise the minimum salary threshold for workers to qualify for overtime pay, though some experts believe they might have success stopping automatic increases.

  • September 21, 2016

    Army Dodges Ret. Col.'s Records Suit In Whistleblower Row

    A D.C. federal judge on Tuesday tossed a suit against the Army by a retired colonel seeking a determination that she didn’t retaliate against another service member who made a protected communication under the Military Whistleblower Protection Act.

  • September 21, 2016

    Dow Chemical, MEGlobal Beat Ex-Worker's Bias Suit

    A Michigan federal judge ruled Tuesday that a former manager at a Dubai-based affiliate of chemical company MEGlobal can't pursue discrimination claims against her former employer and The Dow Chemical Co. because her case's ties to Michigan — and to Dow — are too weak.

  • September 21, 2016

    Amerisure Escapes Construction Fall Suit

    A Florida federal judge freed Amerisure Mutual Insurance Co. from having to defend a construction equipment company in a suit brought by a man who fell 50 feet on a work site, ruling Wednesday that an exclusion for bodily injury applied.

  • September 21, 2016

    Justices Halt Church Hospital ERISA Suit Pending Review

    The U.S. Supreme Court on Wednesday granted Dignity Health’s request to stay a lower court’s decision that the nonprofit hospital chain does not qualify for a religious exemption to the Employee Retirement Income Security Act pending the high court’s decision whether to accept the case.

  • September 21, 2016

    Chancery OKs $24M Settlement In Caris Stock Option Dispute

    A Delaware Chancery judge on Wednesday approved a $24 million settlement between former Caris Life Sciences employees and Caris' successor company, ending a battle over an alleged undervaluation of the workers’ stock options in a 2011 merger.

  • September 21, 2016

    Hospital Consultant Seeks Quick Win In FCA Retaliation Suit

    A startup pharmacy consulting firm that partners with hospitals around the northeast on Wednesday urged a Massachusetts federal judge to dismiss a former top executive's retaliation suit Wednesday, saying the former company president couldn’t have had an objectively reasonable belief that the company was violating federal law.

  • September 21, 2016

    Calif. Casino Defeats $60M PAGA Smoking Lounge Claim

    A California casino's smoking lounge does not violate state Labor Code health and safety statutes as alleged in an employee group's $60 million Private Attorneys General Act suit, a state court judge ruled last week.

  • September 21, 2016

    Jani-King Can't Undo Franchisees' Class Cert. At 3rd Circ.

    The Third Circuit on Wednesday said a lower court ruled correctly when it said that franchisees for the world’s largest commercial cleaning franchisor could pursue claims that they had been denied wages via class action.

  • September 21, 2016

    L-3 Accused Of Firing Worker After Client Harassed Her

    A former L-3 Communications Corp. employee has sued the company for discrimination and retaliation in Texas state court, claiming she was fired after reporting a U.S. Air Force officer who worked with her department for sexual harassment.

  • September 21, 2016

    Sedgwick Partner Says Gender Bias Dispute Belongs In Court

    The arbitration agreement Sedgwick LLP is trying to use to force a partner’s proposed class action alleging gender discrimination out of court isn’t enforceable because the partner didn’t get a chance to negotiate it before signing, she argued in California federal court Tuesday.

  • September 21, 2016

    Domino's Franchisee Wage Deal With Drivers Confirmed

    A Georgia federal judge signed off Tuesday on a $995,000 arbitration award resolving a dispute in which a collective of pizza delivery drivers claimed one of the largest Domino’s franchisees shorted drivers for their vehicle expenses to the point their wages fell below minimum wage.

  • September 21, 2016

    Ex-Clausen Atty Brings Stuck In China Suit To Ill. State Court

    A former partner at Clausen Miller PC is back in court with allegations that the firm left him to pick up the pieces when it terminated its Chinese practice in 2015, asking that an Illinois state court order Clausen to pay him back for the time he spent shutting down operations.

  • September 21, 2016

    Ute Tribe Broadens Contract Row With Ex-Employee

    The Ute Indian Tribe lobbed counterclaims Tuesday against a former employee of its energy and minerals department who sued in Utah federal court to stop the tribe from pursuing a contract suit against him in tribal court, adding another dimension to a long-running dispute.

  • September 21, 2016

    Archer & Greiner Snags Former Philly Solicitor

    Archer & Greiner PC announced Wednesday that it had nabbed Shelley Smith, a former Philadelphia solicitor under Mayor Michael Nutter, as a partner in the firm’s litigation and employment practice groups.

  • September 21, 2016

    Gov't Tells High Court FCA Seal Violations Need Discretion

    The federal government has argued that breaking the seal on a False Claims Act case should not require automatic dismissal of that suit, in a U.S. Supreme Court dispute over alleged abuse of the federal flood insurance program.

Expert Analysis

  • Labor Day Origins: Examining US And Canada Labor Laws

    Ryan H. Vann

    Labor Day is not only a day for barbecues and parades, it marks the social and economic achievements of U.S. and Canadian workers obtained through collective organizing. As we prepare to celebrate Labor Day, attorneys at Baker & McKenzie LLP outline the current labor law framework and recent employment law trends in the U.S. and Canada.

  • OSHA's Insufficient Approach To Improving Workplace Safety

    Lawrence P. Halprin

    Recently the Occupational Safety and Health Administration has promulgated new regulations and interpretations to expand its enforcement authority. However, its punitive approach to improving workplace safety and health has negatively impacted employers’ views of the agency and is at best ineffective and at worst a significant waste of time, money and resources, say attorneys at Keller and Heckman LLP.

  • Banks Must Prepare To Change Common Pay Practices

    Mark Jones

    Earlier this year, six federal regulatory agencies proposed regulations that would expand the scope of existing restrictions on incentive compensation at banks and other financial institutions. These changes are likely to have unfavorable tax and accounting consequences and would thwart standard equity compensation programs, says Mark Jones of Pillsbury Winthrop Shaw Pittman LLP.

  • Reconciling The Practice With The Business Of Law

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    The tension between practicing law and managing the firm is giving way to the realization that the latter had been largely overlooked, meagerly funded, and often underappreciated, says Dr. James Bailey, a professor at George Washington University School of Business and the keynote speaker at the Legal Marketing Association Southeast conference in September.

  • What To Know About New Fair Pay And Safe Workplaces Rule

    Joshua F. Alloy

    The recently released Fair Pay and Safe Workplaces rule will become effective and begin phase-in on Oct. 25, 2016, and will affect most current and future government contractors and subcontractors with contracts valued at more than $500,000. Attorneys at Arnold & Porter LLP highlight some of the key changes.

  • REBUTTAL: Establishing Standards And Norms In Mediation

    William A. Ruskin

    A recent Law360 guest article asks whether by signing a mediation confidentiality agreement a lawyer surrenders the power to protect his client against inappropriate mediation conduct. The short response to this concern is that parties to a mediation should refuse to execute such an agreement that removes all future recourse against the mediator, no matter how egregious the mediator’s actions, says William Ruskin of Gordon Rees Scu... (continued)

  • NLRB Columbia Decision Poses Higher Education Obstacles

    Gary S. Marshall

    With its decision in Graduate Workers of Columbia v. Trustees of Columbia University, the National Labor Relations Board continues its efforts to expand the reach of the National Labor Relations Act to previously nonunion employers and marks a significant change in how it views higher education law while raising significant challenges for private colleges and universities, say attorneys at McGuireWoods LLP.

  • State Of Texas Legal Market: Litigation Trends

    Michael K. Hurst

    Litigation in the Texas energy sector has increased substantially as a result of the drop in oil prices. The trends reflect a market reality where all participants, including contractors, insurers, lenders, partners and employees, are forced to embrace “lower for longer” pricing, say Michael Hurst and Jonathan Childers of Lynn Pinker Cox Hurst LLP.

  • Don't 'Discount' Gov't Opinion On Anti-Kickback Exception

    Robert D. Stone

    In light of arguments from the government, a Massachusetts federal court’s willingness to reverse itself in Herman v. Coloplast underscores the potential for this case to set a dangerous precedent regarding application of the discount safe harbor and statutory exception of the Anti-Kickback Statute in the future, say Robert Stone and Tamara Tenney at Alston & Bird LLP.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.