Employment

  • March 26, 2015

    Bill Would Require Confirmation Of Secret Service Directors

    Future directors of the Secret Service would have to go through Senate confirmation under a bipartisan bill put forward by members of the House Judiciary Committee Thursday, along with requiring more training and reports to Congress.

  • March 26, 2015

    Feds Target Class Claims In Secret Service Race Bias Suit

    The U.S. government urged a Washington, D.C., federal court Wednesday to nix the class claims in a race bias case brought by black Secret Service agents, acknowledging the Secret Service's history is “not without blemish” but arguing that overall promotion rates show a commitment to equality. 

  • March 26, 2015

    Citi Wage Suit With Unusual DR Horton Ruling Sent To Arbiter

    An Idaho federal judge who relied on the National Labor Relations Board's D.R. Horton decision, and rejected Citicorp Credit Services Inc.'s bid to compel individual arbitration in an ex-worker's proposed collective action, reversed course Wednesday, noting the Ninth Circuit called his prior ruling into question.

  • March 26, 2015

    Meggitt Slams Ex-Engineer's Docs Bid In Trade Secrets Suit

    British aerospace and defense engineering company Meggitt Inc. criticized an ex-engineer’s requests for documents from a third party in a Wednesday motion in California federal court, saying the requests aren’t relevant to the suit.

  • March 26, 2015

    Omnicare Bolsters Case Against Ex-Merck VP, Investors Say

    Shareholders accusing Merck & Co. Inc.'s former vice president of lying about the study results on Vioxx's heart attack link told a New Jersey federal court Wednesday that the U.S. Supreme Court's recent Omnicare ruling "vindicates" their case theory and directly rejects the executive's summary judgment argument.

  • March 26, 2015

    Pa. High Court Rules Against Union In Hiring Spat

    The Pennsylvania Supreme Court on Wednesday affirmed a lower court decision that the state's labor relations board had ruled correctly when it concluded Luzerne County had not violated state law after an agency underneath it subcontracted work typically handled by a union.

  • March 26, 2015

    Red Lobster, Olive Garden Workers Denied Cert. In Wage Row

    An Illinois federal judge on Tuesday refused to certify a proposed statewide class of Darden Restaurants Inc. workers, the company which operates Olive Garden and formerly operated Red Lobster, finding that there are too many individualized questions for the employees to proceed with their vacation-pay allegations as a class.

  • March 26, 2015

    Hertz Wants $11.5M Class Action Moved To Federal Court

    The Hertz Corp. on Wednesday asked to transfer to California federal court an $11.5 million class action that accuses the company of not paying employees for working through breaks because the suit is too expansive for state court.

  • March 26, 2015

    Merrill Lynch Stiffed Trainee Advisers On OT, Suit Says

    A proposed collective of Merrill Lynch employees sued in California federal court Wednesday to recoup wages allegedly owed for unpaid overtime work performed during a financial adviser training program.

  • March 25, 2015

    NY Harbor Union Suit Should Stay Dead, 3rd Circ. Hears

    The Waterfront Commission of New York Harbor has urged the Third Circuit to uphold a lower court ruling finding the commission did not interfere with unions’ collective bargaining when it changed the hiring process for certain workers, saying the lower court properly upheld the commission’s authority to regulate labor.

  • March 25, 2015

    Bikram Yoga Guru Can’t Flex Way Out Of Sex Harassment Suit

    A California judge on Wednesday refused to let Bikram Choudhury and his yoga college out of a suit alleging he made unwanted sexual advances toward a female student, ruling that plaintiff Sarah Baughn’s sexual harassment and unfair competition claims could stand, while granting leave to amend others.

  • March 25, 2015

    Fed. Circ. Hands Win To Army In Contract Row With Engineer

    A Federal Circuit panel sided with the U.S. Army Tuesday in its dispute with a Wisconsin environmental engineer who claimed he was retaliated against for raising issues with a $109 million contract to auditors.

  • March 25, 2015

    High Court UPS Ruling Means Changes To EEOC Guidance

    The U.S. Supreme Court's decision Wednesday breathing new life into a pregnancy bias suit against United Parcel Service Inc. won plaudits from worker advocates including the U.S. Equal Opportunity Commission, even though the ruling was critical of recent EEOC pregnancy discrimination guidance that will now have to be changed.

  • March 25, 2015

    BAE Settles Ex-Worker's FCA Suit Over Weapon Sights Testing

    A BAE Systems Inc. subsidiary on Wednesday settled the remaining claims from a former employee who accused it of failing to adhere to guidelines for testing thermal weapons sights in a False Claims Act suit in Massachusetts federal court.

  • March 25, 2015

    Attorneys React To High Court Pregnancy Bias Ruling

    On Wednesday, the U.S. Supreme Court vacated a Fourth Circuit decision that nixed a pregnancy bias case against UPS, finding that neither party's interpretation of the Pregnancy Discrimination Act was persuasive. Here, attorneys tell Law360 why the decision in Young v. United Parcel Service Inc. is significant.

  • March 25, 2015

    9th Circ. Rebuffs Costco's Bid To Toss Managers' OT Win

    The Ninth Circuit on Wednesday rejected Coscto Wholesale Corp.’s bid to toss damages won by two managers who alleged Costco misclassified them as overtime exempt, ruling the trial court didn’t err in ignoring Costco’s expectation that the managers would spend their time on exempt duties.

  • March 25, 2015

    NHL Can't Ice Ex-Players' Concussion Class Action

    The National Hockey League on Wednesday failed to persuade a Minnesota federal judge to dismiss the proposed class action against it by former players alleging that the league never warned them about the serious long-term effects of concussive blows, with the court finding that they had sufficiently pled their claims.

  • March 25, 2015

    Opponents Of Houston Equality Law Say Signatures Are Valid

    A former local Republican Party chairman and three fellow plaintiffs late Tuesday told a Harris County judge that there was no legal basis to disqualify more than 7,000 voter signatures asking to repeal a Houston equal rights ordinance aimed at banning discrimination based on sexual orientation.

  • March 25, 2015

    Tyson Foods Prevails In Ex-Worker's FMLA Suit

    An Arkansas federal judge dismissed a Family and Medical Leave Act suit accusing Tyson Foods Inc. of improperly firing a man after he took leave to care for his injured father midway through trial on Tuesday, issuing a directed verdict in favor of the chicken giant.

  • March 25, 2015

    Whistleblower Fights Omnicare Sanction Request In FCA Suit

    A whistleblower in a False Claims Act suit over an alleged kickback scheme urged a Texas federal judge on Tuesday to deny Omnicare Inc.’s request for sanctions, among a slew of briefs filed in an ongoing discovery battle.

Expert Analysis

  • New Era Of Uncertainty For Calif. Public Works Contracting

    Matthew Struhar

    Although Roy Allan Slurry Seal Inc. v. American Asphalt South Inc. may assist law-abiding contractors in California in vindicating their rights against less scrupulous competitors, much remains to be clarified about the scope of the intentional interference cause of action now available to second-place bidders on California public works projects, say Matthew Struhar and Matthew Richards of Nixon Peabody LLP.

  • Ghosts Of Micro-Units Past Come To Haunt Employers Again

    Mark E. Tabakman

    Common in the 1940s and 1950s, micro-units created an operational nightmare for employers and now may be coming back after the National Labor Relations Board's decisions in Specialty Healthcare II and Macy's Inc. Different pay scales, benefits and terms and conditions for different micro-units could splinter the workforce and ultimately stunt business operations, says Mark Tabakman of Fox Rothschild LLP.

  • LGBT Rights Finally Come To The FMLA

    Jessica C. Moller

    By amending the Family and Medical Leave Act's definition of spouse to include legally married same-sex spouses, the U.S. Department of Labor has leveled the playing field. FMLA-covered employers will now be unable to deny legally married same-sex spouses FMLA leave, even in states that do not recognize same-sex marriages, says Jessica Moller of Bond Schoeneck & King PLLC.

  • Sizing Up The Specialty Healthcare Test For Employers

    Kenneth R. Dolin

    Affirmation of the Specialty Healthcare “overwhelming-community-of-interest” test by the Fourth Circuit in Nestle Dreyer’s Ice Cream Co. v. National Labor Relations Board will almost certainly lead to a proliferation of small bargaining units across all industries, but will likely have the greatest impact on manufacturing, public utilities and retail, says Kenneth Dolin of Seyfarth Shaw LLP.

  • Rebutting The 'But This Is Asbestos' Line In Pa.

    Michael L. Haslup

    The Superior Court of Pennsylvania's recent decision in Krauss v. Trane U.S. Inc. is significant in that it reaffirms that traditional legal principles apply to asbestos cases, notwithstanding the application of a unique “frequency, regularity, proximity” standard to motions for summary judgment, say Michael Haslup and Kevin Penhallegon of Miles & Stockbridge PC.

  • Something Stinks About EEOC's 'Onionhead' Enforcement

    Christina A. Stoneburner

    The U.S. Equal Employment Opportunity Commission's recent suit against United Health Programs of America Inc. after workers alleged they were forced to say "I love you" to co-workers due to management's belief in a religion called "Onionhead” raises interesting questions about what EEOC and employer communications are permissible to employees, says Christina Stoneburner of Fox Rothschild LLP.

  • Top 10 Reasons To Have An ERISA Litigator On Speed Dial

    Nancy G. Ross

    The U.S. Supreme Court’s heightened interest in the Employee Retirement Income Security Act, an increase in investigations from the U.S. Department of Labor and the dangerous ERISA fiduciary exception to attorney-client privilege are just some of the reasons why companies should have ERISA litigators on speed dial, say Nancy Ross and Brian Netter of Mayer Brown LLP.

  • 3 Takeaways From EEOC V. Abercrombie Oral Arguments

    Dawn R. Solowey

    The U.S. Supreme Court’s decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. is expected to focus on what level of knowledge an employer must have that an employee or job applicant’s religious practice may conflict with a job requirement — and from what source — before it has a duty to consider accommodation, say Dawn Solowey and Ariel Cudkowicz of Seyfarth Shaw LLP.

  • Marijuana Legalization Creates Risks For Gov't Contractors

    Lucas Hanback

    Washington, D.C., just became the most recent jurisdiction to legalize the recreational use of marijuana. But federal contractors — a huge percentage of the D.C. population — still face catastrophic penalties for violating laws that prohibit drug use by federal contractor employees, says Lucas Hanback of Rogers Joseph O’Donnell PC.

  • Oakland Pushes Ahead With Progressive Wage-And-Hour Laws

    Katherine S. Catlos

    Far from Gertrude Stein’s description of her former hometown — “there is no there there” — Oakland is poised to be a frontrunner in terms of progressive wage-and-hour protections in California. The transportation industry, hotels and restaurants will likely be the first to feel the impact, say Katherine Catlos and Gabriel Rubin of Kaufman Dolowich & Voluck LLP.