Employment

  • January 20, 2015

    Attys Spar Over Protections For Watchdog Employees In NJ

    Attorneys appearing before the New Jersey Supreme Court on Tuesday tried to sell competing views on the reach of the state's whistleblower law for watchdog employees whose responsibilities include voicing concerns about product safety or other important issues.

  • January 20, 2015

    STEM, Entrepreneur Visa Bill Reintroduced In Senate

    A bipartisan group of six senators has reintroduced the Startup Act, which aims to keep high-skilled immigrants in the country with new visas for entrepreneurs and STEM graduates, and provides research and development tax credits to young startups.

  • January 20, 2015

    High Court Won't Hear Wage Dispute Over Foreign Doctors

    The U.S. Supreme Court on Tuesday rejected an appeal from a doctor who has been found personally liable for more than $1 million in back wages owed to foreign physicians who were employed at his Tennessee medical clinics, including the cost of securing H-1B visas and J-1 visa waivers.

  • January 20, 2015

    Philly Ironworkers Boss Found Guilty In 'Shadow Gang' Case

    A Pennsylvania federal jury, after deliberating for five days, found Philadelphia Ironworkers Local 401 union leader Joe Dougherty guilty on all counts on Tuesday in a racketeering trial that focused on the persistent use of “nightwork” to intimidate nonunion contractors.

  • January 20, 2015

    Justices Nix KBR Whistleblower’s Bid For Docs In FCA Row

    The U.S. Supreme Court on Tuesday denied certiorari to an appeal brought by a whistleblower seeking privileged documents in a discovery dispute over False Claims Act allegations that KBR Inc. defrauded the U.S. government through Iraq War subcontracts.

  • January 20, 2015

    Ex-Saks Worker Says Trans Identity Protected By Title VII

    A transgender former Saks Fifth Avenue employee urged a Texas federal judge on Tuesday to allow her to proceed with a discrimination and retaliation suit, arguing the Civil Rights Act protects employees from discrimination based on gender expression and identity.

  • January 20, 2015

    Bridgestone Hopes For Justices' Eyes Despite Iskanian Snub

    A retail subsidiary of auto parts giant Bridgestone Corp. says it still hopes to win U.S. Supreme Court review of its challenge to a California high court holding that Private Attorneys General Act claims can't be waived in employment arbitration agreements, even though the justices on Tuesday declined a similar appeal.

  • January 20, 2015

    E&Y Didn’t Waive Arbitration In OT Fight, 2nd Circ. Says

    The Second Circuit on Tuesday rejected a former Ernst & Young LLP employee's latest bid to revive a proposed wage-and-hour class action that had earlier been sent to arbitration, saying the company did not waive its contractual right to arbitrate the matter.

  • January 20, 2015

    Workers Restate That Chipotle Must Turn Over Docs In OT Suit

    Chipotle Mexican Grill Inc. employees alleging the fast-food chain misclassified them as overtime-exempt executives have asked a New York federal judge to overrule the burrito chain's objections to a magistrate judge's decision that it waived its privilege over communications.

  • January 20, 2015

    Justices Won't Hear Recruiter Web Defamation Row

    The U.S. Supreme Court on Tuesday denied a legal recruiting firm’s bid to appeal a Texas Supreme Court order requiring it to remove allegedly defamatory Internet postings that accused one of its former workers of bribing an associate at K&L Gates LLP.

  • January 20, 2015

    High Court Turns Away Calif. PAGA Carveout Case

    The U.S. Supreme Court declined Tuesday to hear CLS Transportation Los Angeles LLC's challenge to a California Supreme Court ruling that said representative Private Attorneys General Act claims can't be waived in an employment arbitration agreement, leaving the state court's carveout for PAGA claims intact.

  • January 16, 2015

    Foreign Workers Win Approval For $1.2M TruGreen Wage Deal

    A New York federal court granted final approval Thursday to a $1.2 million deal between TruGreen Landcare LLC and foreign workers who say the company failed to pay minimum wage by not reimbursing visa and travel costs, although the court kept the attorney fee portion of the case alive.

  • January 16, 2015

    Justices Poised To End Battle Over Same-Sex Marriage

    The U.S. Supreme Court’s decision on Friday to review the only circuit court ruling against same-sex marriage rights is a strong sign that justices are ready to close the book on an epic civil rights struggle, experts say.

  • January 16, 2015

    Texas Court Won't Rehear Hurt Workers' Appeal In Wyatt Suit

    Texas' 14th Court of Appeals on Thursday declined to rehear en banc the appeal of two workers who were injured after machinery allegedly installed improperly by Wyatt Field Service Co. on an ExxonMobil Corp. refinery resulted in a steam explosion.

  • January 16, 2015

    BGC Will Pay $100M In Tullett Prebon Employee Poaching Case

    Electronic broker BGC Partners Inc. has agreed to pay $100 million to rival firm Tullett Prebon PLC to settle several New Jersey state court suits accusing BGC of misappropriating its confidential information and using it to poach 80 of Tullett's brokers.

  • January 16, 2015

    Ex-Goldman Programmer's Legal Fee Fight Do-Over Thwarted

    A federal court has denied summary judgment in ex-Goldman Sachs Group Inc. programmer and vice president Sergey Aleynikov's $2.3 million legal-fee indemnity bid against the bank, deciding that a fair reading of the Third Circuit's recent reversal in the case compels the rejection.

  • January 16, 2015

    Philly Union Boss Awaits Verdict In 'Shadow Gang' Case

    The union boss accused of overseeing Philadelphia Ironworkers Local 401's efforts to perform so-called nightwork to intimidate nonunion contractors will continue to wait on a verdict in his racketeering case after jurors failed to reach a verdict Friday, their fourth day of deliberations.

  • January 16, 2015

    P&G Sues Ex-Employees, ShaveLogic Over Secrets

    Procter & Gamble Co. unit The Gillette Co. on Friday sued four former employees and ShaveLogic Inc. in Massachusetts state court, alleging the ex-employees breached their contracts and disclosed trade secrets to the rival wet-shaving company, which then applied for patents.

  • January 16, 2015

    Credit Suisse Fight Will Shape Future Bank Penalties

    The question of whether Credit Suisse AG should get a waiver to manage roughly $2 billion in pension funds despite its guilty plea for aiding tax evasion has become a battle over how deep bank punishments should cut and could complicate future U.S. Department of Justice settlement negotiations.

  • January 16, 2015

    Feds To Wind Down Oversight Of Teamsters Under New Deal

    The federal government and the Teamsters said Wednesday they had struck a deal intended to end decades of oversight and supplant a 1989 consent decree entered in a racketeering lawsuit brought to eliminate organized crime's influence over the 1.4 million-member union.

Expert Analysis

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Blankenship Case Shows Perils Of Post-Crisis Assurances

    Jeremy Peterson

    Attorneys and executives would do well to take note of the recent federal indictment of Massey Energy Co.'s former CEO, which shows that, in at least some circumstances, relatively general and open-ended corporate statements can be the basis for criminal charges, say attorneys at Arnold & Porter LLP.

  • A Year For Whistleblower Rewards And Protections

    Jason Zuckerman

    2014 has been a transformative year for the development of whistleblower law between whistleblowers obtaining record recoveries through the U.S. Securities and Exchange Commission's whistleblower rewards program, the U.S. Supreme Court's Lawson v. FMR ruling and the strengthening of protection provisions in the Sarbanes-Oxley Act, say Jason Zuckerman and Dallas Hammer of Zuckerman Law.

  • Essential Health Benefits Rules Will Still Burden States

    Caroline Brown

    Requiring state compliance with the Affordable Care Act's commercial essential health benefits rules recently issued by the Centers for Medicare & Medicaid Services has resulted in an unnecessarily complex benefit design process for certain commercial plans and Medicaid alternative benefit plans, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • EEOC Year In Review: Lots Of Action, Mixed Results

    Judith Langevin

    2014 has been a notable year for the U.S. Equal Employment Opportunity Commission given its historic litigation and increased scrutiny of background checks, however it has also faced harsh criticism from employer groups, discord among its commissioners and setbacks in court, say Judith Langevin and Kate Bischoff of Zelle Hofmann Voelbel & Mason LLP.

  • Top 10 Trade Secrets Developments Of 2014: Part 1

    Kerry Bundy

    Trends we saw in trade secret law this year — including the growing importance of specifically identifying trade secrets early in litigation and the continuing trend toward large damages awards and settlements in trade secrets cases — promise to shape developments in the years ahead, say attorneys with Faegre Baker Daniels LLP.

  • Dart Cherokee Rejects CAFA Anti-Removal Presumption

    John Beisner

    The U.S. Supreme Court's ruling in Dart Cherokee Basin Operating Company v. Owens resolved a lopsided split in the lower federal courts over the proper removal procedure under the Class Action Fairness Act — however, the high court’s closing remark that there is no anti-removal presumption in CAFA cases will likely be of even greater significance going forward, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • Mulling Over The Minimum Wage After The Midterms

    Robert Whitman

    In the wake of November’s midterm elections, four states will have higher minimum wages, which will join 13 others that enacted higher minimum wages earlier this year, and further complicating the issue is that some states have tied their minimum wage increases to inflation, say Robert Whitman and Nadia Bandukda of Seyfarth Shaw LLP.

  • Year In Review: 2014 State And Local Employment Laws

    Susan Gross Sholinsky

    In 2014, states, cities, counties and other localities have been busy picking up Congress' slack on employment law by introducing bills and enacting laws on issues such as ban the box, sick leave and pregnancy accommodation, say Susan Gross Sholinsky and Nancy Gunzenhauser of Epstein Becker & Green PC.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.