• September 29, 2015

    6th Circ. Won't Revisit Ruling On NLRB Role At Tribal Casino

    The Sixth Circuit on Tuesday rejected a bid for en banc rehearing of its ruling upholding a National Labor Relations Board decision faulting the Saginaw Chippewa Indian Tribe for suppressing union activities at its Michigan casino, saying the issues the tribe raised had already been fully considered in the court's original decision.

  • September 29, 2015

    Chrysler Execs Ask 6th Circ. For Another Shot At Benefits Suit

    Former Chrysler executives urged the Sixth Circuit on Monday to breathe new life into their retirement benefit and age discrimination suit against Daimler AG, arguing that the automaker’s contention that their trust agreement isn’t enforceable distorts the intended framework of the Employee Retirement Income Security Act.

  • September 29, 2015

    Mary Kay Hit With Class Action In NJ Over Employee Policies

    Cosmetics retailer Mary Kay Inc. was hit with a putative class action in New Jersey federal court Monday by state residents who worked for the company, saying they were misclassified as independent contractors instead of employees and unfairly forced to purchase company merchandise as part of their employment.

  • September 29, 2015

    Chancery 'Likely' To Grant Doc Access In Yahoo COO Pay Row

    A Delaware Chancery judge said Tuesday that he would be "likely" to grant suing Yahoo investors a “targeted view” of documents connected to CEO Marissa Mayer in a dispute centered on the nearly $60 million severance paid to the search engine’s ex-chief operating officer after only about 15 months.

  • September 29, 2015

    White Sox Say Indians Ruling Doesn't Affect Doc Fight

    The Chicago White Sox on Monday told an Illinois federal court that minor league players seeking documents from the team, which was dismissed from their wage-and-hour suit, are wrongly citing a favorable ruling on the same issue against the Cleveland Indians in an attempt to drag the White Sox back into the case.

  • September 29, 2015

    DC Circ. Lacks Jurisdiction In Email Blast Case, EEOC Says

    The D.C. Circuit should dismiss an appeal Case New Holland Industrial Inc. filed in its suit over a U.S. Equal Employment Opportunity Commission email blast that allegedly sought plaintiffs for an age-bias action, the agency said Tuesday, noting CNHI has just filed an amended complaint with the lower court.

  • September 29, 2015

    BAE Slams Ex-Workers' FCA Retaliation Claims

    BAE asked a Michigan federal court Monday to toss the retaliation claims of two former employees who accused the defense contractor of False Claims Act violations, arguing they are not entitled to whistleblower status and left their jobs for unrelated reasons.

  • September 29, 2015

    Coca-Cola Faces Wage Suit Over Software Application Policy

    Coca-Cola customer service and sales representatives filed a proposed collective action in Florida federal court Tuesday over the beverage giant's alleged failure to pay workers for time spent opening and closing software applications at the beginning and end of their shifts.

  • September 29, 2015

    Minor Leaguers Take MLB Antitrust Suit To 9th Circ.

    Minor league baseball players said Monday they will ask the Ninth Circuit to reverse a California federal judge’s decision that their putative class action accusing Major League Baseball of suppressing their compensation was barred by baseball’s historic exemption from antitrust law.

  • September 29, 2015

    5th Circ. Asked To Rehear Transocean Pirate Attack Suit

    An oil rig worker severely wounded during a 2010 pirate attack aboard a rig off the coast of Nigeria asked the Fifth Circuit on Monday for an en banc review of his claims that a Transocean Ltd. subsidiary is liable for his injuries, saying a panel incorrectly found the company didn't employ the parties responsible.

  • September 29, 2015

    CRST Insists On $2.5M In Fees In EEOC Sex Harassment Case

    The U.S. Equal Employment Opportunity Commission is trying to dodge responsibility for forcing CRST Van Expedited Inc. to incur “unjustified” legal fees in a sexual harassment suit, CRST said Tuesday, urging an Iowa federal court to award it nearly $2.5 million in fees and costs. 

  • September 29, 2015

    Assisted Living Co. Disputes ‘African’ Label In EEOC Bias Suit

    A Colorado assisted living company urged a federal court Monday to dismiss a U.S. Equal Employment Opportunity Commission lawsuit claiming it illegally fired Africa-born care providers who failed an allegedly discriminatory written test, arguing the suit fails to identify a protected class.

  • September 29, 2015

    Littler Continues Mexico Expansion, Adds 2 Attys

    Littler Mendelson PC has continued to expand its presence in Mexico with the addition of two attorneys to the firm’s Monterrey and Mexico City offices, bringing the total number of lawyers practicing in the two locations to 28.

  • September 29, 2015

    Oilfield Services Co. Accused Of Not Paying Overtime

    A Texas-based oilfield services company was hit with a class action lawsuit in Pennsylvania federal court Monday accusing it of failing to pay overtime wages to field workers.

  • September 28, 2015

    AARP Beats Supervisor's Age Discrimination Suit

    A New York federal judge on Monday tossed an age discrimination and retaliation suit against the American Association for Retired Persons, finding that a sexagenarian operations supervisor for the organization's New York state office had failed to keep pace with the changing demands of her job.

  • September 28, 2015

    Zara Says Ex-GC Can't Violate Privilege In $40M Bias Suit

    Clothing retailer Zara USA Inc. persisted in its efforts to trim a former general counsel’s $40 million bias suit, arguing Friday in New York court that he failed to show how he could pursue a retaliation claim without violating attorney-client privilege or his confidential duty.

  • September 28, 2015

    Ex-LA Times Writer 'Devastated' By Demotion, Jury Hears

    Former Los Angeles Times sports columnist T.J. Simers on Monday called to the stand a psychiatrist to testify in his age and disability discrimination trial that he was “devastated” when the paper's management demoted him, and that Simers may never recover from his current depression.

  • September 28, 2015

    Minor Leaguers Point To Indians Win In White Sox Doc Fight

    Minor league players in a wage-and-hour suit against Major League Baseball on Monday again told an Illinois federal court that the Chicago White Sox franchise, which was dismissed from the suit, must still hand over requested documents, pointing to a favorable decision against another dismissed team, the Cleveland Indians, on the same issue.

  • September 28, 2015

    L-3 To Pay $4.6M To End DOJ's Overbilling Allegations

    L-3 Communications and one of its aerospace units will pay $4.63 million to end False Claims Act allegations that the companies overbilled the government for labor hours spent maintaining helicopters for the U.S. Army, the U.S. Department of Justice said Monday.

  • September 28, 2015

    NLRB Calls Nonprofit Canvassers Employees, Not Contractors

    The National Labor Relations Board reversed an agency judge Friday and ruled that canvassers who collect donations for Minnesota nonprofit Sisters' Camelot are employees and not independent contractors, concluding that the nonprofit unlawfully fired a worker for engaging in union activity.

Expert Analysis

  • When Past Exposure Evidence Is Allowed In Asbestos Defense

    Erick E. VanDorn

    Every state addresses the issue of introducing alternative exposure evidence in asbestos cases differently, but most — including California, Texas and New York — allow evidence of previous exposures to be presented to the jury to support a sole proximate cause defense. A recent Illinois appeals court decision supports this reasoning, say Erick VanDorn and Drew Kemp at Thompson Coburn LLP.

  • DOL Home Care Wage Rule Part Of Larger Pro-Worker Agenda

    Andrew B. Prescott

    While the D.C. Circuit's ruling in Home Care Association of America v. Weil will have a dramatic impact on the $73 billion home care industry, the U.S. Department of Labor's defense of its policy toward home care workers must be understood as just one front in the DOL's ongoing and zealous campaign to advance pro-worker policies, says Andrew Prescott of Nixon Peabody LLP.

  • The Future Of Mediation: Joint Session 2.0

    Jeff Kichaven

    What are we going to do about opening joint sessions in mediations? Mediators love them, but many lawyers have grown to avoid them at all costs. Can we reconcile this and invent a new, improved opening joint session that mediators and lawyers alike will applaud? asks Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Brady Ruling Is Sports Fan's Opinion, Not Legal Reasoning

    Michael H. LeRoy

    When did U.S. District Judge Richard Berman become an NFL arbitrator? And by what authority did Judge Berman believe he was free to interpret provisions in the NFL Players Association labor agreement? There are several reasons to believe that Judge Berman’s Deflategate ruling will not stand, says Michael LeRoy, a professor at the University of Illinois College of Law.

  • Now We Know How NYC's Credit Check Ban Will Be Interpreted

    Mark E. Brossman

    The New York City Commission on Human Rights' enforcement guidance for the Stop Credit Discrimination in Employment Act makes it clear that the commission plans on interpreting the SCDEA’s restrictions broadly and its exemptions narrowly, say attorneys at Schulte Roth & Zabel LLP.

  • Welcome To The 'Wild West' Of Calif. Class Actions, Uber

    Daniel H. Handman

    The most unavoidable takeaway of O'Connor v. Uber Technologies Inc. is that independent contractor analysis really is the "Wild West" in California. While the central factor in these types of wage-and-hour cases is the level of "control" exerted by the employer, how one measures that is entirely subjective, say Daniel Handman and Derek Ishikawa of Hirschfeld Kraemer LLP.

  • Will SEC's Broad Definition Of 'Whistleblower' Prevail?

    Lloyd B. Chinn

    The question that remains to be answered is whether courts, particularly circuit courts, will adopt the U.S. Securities and Exchange Commission’s recent interpretative guidance regarding the scope of the Dodd-Frank Act's employment retaliation protections. In the absence of Chevron deference, the interpretative rule may be afforded a lower level of deference, or no deference at all, say Lloyd Chinn and Noa Baddish of Proskauer Rose LLP.

  • In Race Against The Clock, OSHA Makes Nonregulatory Moves

    Catherine M. Wilmarth

    Perhaps owing to a pragmatic recognition by the Obama administration that there is insufficient time remaining for the U.S. Occupational Safety and Health Administration to issue rules to fulfill the president's regulatory goals, OSHA has recently stepped up its controversial use of nonregulatory tools, primarily through its "general duty" authority, say Kelley Drye LLP's Catherine Wilmarth and Wayne D'Angelo, former counsel to the... (continued)

  • How To 'Get Away' With Global Criminal Background Checks

    Angela McIsaac

    Although local laws on criminal background checks vary dramatically by country, companies should not discriminate solely on the basis of a job candidate's criminal history. A per se policy against hiring applicants with prior convictions is unlawful in many countries, including in the United States, say Benjamin Ho and Angela McIsaac of Baker & McKenzie LLP.

  • Flip Side Of Texas High Court's Austin V. Kroger Decision

    Karl Seelbach

    A secondary holding of the Texas Supreme Court's recent ruling in Austin v. Kroger Texas LP is that nonsubscriber employers owe a duty to provide necessary instrumentalities to their employees for the safe performance of their job duties that is independent of any duty owed under premises liability law, say Trek Doyle and Karl Seelbach of Doyle & Seelbach PLLC.