• August 24, 2015

    Ex-Bucs Kicker Wants $20M Infection Fight In State Court

    Former NFL placekicker Lawrence Tynes told a Florida federal judge Monday that his $20 million case against the Tampa Bay Buccaneers over a career-ending staph infection belongs in state court, arguing his claims don’t depend on an interpretation of the NFL’s collective bargaining agreement.

  • August 24, 2015

    NY Restaurant To Fork Over $1.1M To End Tip Pool Suit

    Le Cirque, the iconic high-end French restaurant on Manhattan's Upper East Side, agreed Monday to pay $1.1 million to a proposed class of workers who claim they were subjected to an illegal tip pooling policy that violated the Fair Labor Standards Act and New York state labor law.

  • August 24, 2015

    Ogletree Picks Up General Dynamics' Head Employment Atty

    Ogletree Deakins Nash Smoak & Stewart PC hired the former head labor and employment attorney for General Dynamics Corp. to co-chair the firm’s defense contracting group in Washington, D.C., the firm said Monday.

  • August 24, 2015

    Court Says DirecTV Techs Amply Pled Employment Status

    A Pennsylvania federal judge on Friday granted in part DirecTV Inc.'s motion to dismiss a consolidated Fair Labor Standards Act lawsuit filed by a group of television repair technicians, saying the plaintiffs had not all sufficiently alleged the company violated minimum-wage laws but have adequately pled an employment relationship.

  • August 24, 2015

    Sabine Says $16M Bonuses Needed To Keep Ch. 11 Going

    Sabine Oil & Gas Corp. on Friday sought permission from a New York bankruptcy court to approve incentive and bonus plans worth up to $16 million for the private equity-backed oil producer's senior managers and nearly 150 remaining employees, saying they're needed to keep workers from leaving the company.

  • August 24, 2015

    FINRA Exam Gives Handy Map To Spot Conflicts In Broker Pay

    A new probe by the Financial Industry Regulatory Authority finds the regulator charting a deep dive into the murky and sometimes conflicted world of broker-dealer pay practices, but in making its so-called sweep exam public, FINRA also has mapped out where it sees potential compensation conflicts arising and indicated ways in which firms can prevent them.

  • August 24, 2015

    NFL Says Union's Statement 'Grossly Distorts' Precedent

    The NFL told the New York federal court hearing the case over the "Deflategate" suspension for New England Patriots superstar quarterback Tom Brady on Monday that the NFL Players Association is mischaracterizing earlier cases where arbitration decisions were overturned, saying they show it only happens in “extraordinary circumstances.”

  • August 24, 2015

    Calif. AG Seeks Death Knell For Scan Health FCA Suit

    California’s top prosecutor on Friday sought to kill a fraud suit over Medicare and Medi-Cal overpayments at Scan Health Plan, denying the would-be whistleblower a cut of a $322 million settlement, saying that he shouldn’t be allowed to amend his claims because they mirrored a state audit report.

  • August 24, 2015

    Target To Pay $2.8M To Quell EEOC Hiring Bias Claims

    The U.S. Equal Employment Opportunity Commission said Monday that Target Corp. agreed to shell out $2.8 million to resolve allegations that employment tests the Minneapolis-based retailer formerly used boxed out workers based on race and sex and violated the Americans with Disabilities Act.

  • August 24, 2015

    Minor League Wage Collective Action Strikes Out, MLB Says

    Major League Baseball and its franchises accused of denying minor league players minimum wages and overtime pay urged a California federal court on Friday not to grant collective action certification, claiming the players' varying circumstances make the case a poor candidate for collective treatment.

  • August 24, 2015

    PGA Tour Argues It Can Regulate What Caddies Wear

    PGA Tour Inc. asked a California federal judge on Friday to toss a putative antitrust class action brought by professional golf caddies seeking to profit from advertising space on their clothing, arguing it has the right to tell its caddies what they must wear on the course.

  • August 24, 2015

    Fla. Judge Nixes $700K Deal In Water Sales Rep OT Suit

    A Florida federal judge on Monday refused to approve a $700,000 collective action settlement between bottled water company DS Services of America Inc. and sales representatives who worked inside Costco Wholesale Corp. stores who claimed they were stiffed on overtime pay, saying the procedure for joining unnamed class members was flawed.

  • August 24, 2015

    AutoZone Accused Of Harassment, Wage Docking In Calif. Suit

    AutoZone Inc. was hit with a putative class action on Friday in California state court by a group of employees claiming the company’s stores regularly shorted wages and benefits, failed to keep accurate records and allowed harassment in the workplace, including derogatory comments on race, gender and marital status.

  • August 24, 2015

    Avon FCPA Pension Suit Heads to Mediation

    Avon Products Inc. and a bevy of employees accusing the cosmetics giant of mismanaging pension funds during a Foreign Corrupt Practices Act investigation agreed on Friday to send their proposed class action underway in New York federal court to mediation in hopes of forging a settlement.

  • August 24, 2015

    Judge Asks Why Chicago, Cops Won’t Talk Blackberry Use

    An Illinois federal judge wondered out loud why the city of Chicago and officers in its Bureau of Organized Crime have not come to terms on off-duty Blackberry use at any point during a five-year lawsuit brought by officers seeking back pay, chiding both parties as the trial came to a close Monday.

  • August 24, 2015

    Littler Snags Employment Ace From Paul Hastings

    Management-side law firm Littler Mendelson PC has lured seasoned employment law veteran Leslie A. Dent from Paul Hastings LLP, where she had served as the chair of that firm's employment law practice in Atlanta for the past decade, the firm recently announced.

  • August 24, 2015

    China OKs Pension Fund Investments In Ailing Stock Market

    China's cabinet published final guidelines on Sunday allowing a portion of the nation's massive pension fund to invest in the domestic stock market, but the news was not enough to reassure investors and the Shanghai stock market plunged by 8.5 percent on Monday. 

  • August 21, 2015

    DOL Win In Home Care Case Shows Agency's Wide Latitude

    A D.C. Circuit decision upholding the U.S. Department of Labor's rule extending overtime and minimum-wage protections to most home care workers shows that court deference to the agency is a difficult hurdle to clear, attorneys say.

  • August 21, 2015

    NLRB Tosses Printer's Challenge To Bargaining Unit

    The National Labor Relations Board on Thursday rejected a commercial printer's challenge to a bargaining unit it argued was too narrow, over a dissent that called the unit inappropriate and warned that the board's Specialty Healthcare decision in 2011 encouraged “fractured” units and undermined labor relations.

  • August 21, 2015

    Firm In Groping Suit Can’t Halt Deposition Of Partner’s Son

    A California judge ruled Friday that an employment law firm accused of ignoring the sexual harassment of an employee cannot prevent the deposition of the managing partner’s son, who purportedly told the employee's lawyer that he has information about his father that could benefit her case.

Expert Analysis

  • A Closer Look At Deflategate's Venue Battle

    Gregg Clifton

    As you can see from the separate filings made by the National Football League and the National Football League Players Association, the judicial forum where the Deflategate dispute will be decided is crucial. The NFL effectively utilized the first-to-file rule and gained a perceived early advantage at this phase of the litigation, says Gregg Clifton, co-leader of Jackson Lewis PC's collegiate and professional sports practice group.

  • What Worries Will Wearables Give Employers?

    Catherine T. Barbieri

    Aside from the confidentiality and privacy pitfalls that wearable technologies can create in the workplace, wearables may ultimately force companies to improve the technology that they are using to ensure compliance with wage and hour and other laws, says Catherine Barbieri of Fox Rothschild LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Discrimination Issues Playing On Center Court

    Jeffrey S. Kravitz

    If I were representing women's tennis players, I would argue that exposure to Wimbledon's center court means greater exposure to marketing opportunities and that failure to give this equal opportunity is discriminatory. If I were representing the tournament, I would argue that the market speaks and that the audience for the men’s game is greater than that for the women’s, says Jeffrey Kravitz of Fox Rothschild LLP.

  • 7th Circ. Doesn't End Debate Over Ill.'s Fifield Rule

    Jason B. Hirsh

    The Seventh Circuit's opinion in Instant Technology LLC v. DeFazio did not so much as mention adequacy of consideration, Illinois' Fifield rule and the series of opinions challenging its validity, or the inconsistency in the district court. In the end, with any luck, the Illinois Supreme Court will soon step in and resolve this matter once and for all, says Jason Hirsh of Levenfeld Pearlstein LLC.

  • Shedding Light On Conn.'s Pay Secrecy Law

    Daniel L. Schwartz

    Connecticut's Public Act No. 15-196 provides employees in the state with a private right of action against alleged gender pay discrimination. Employees may file a complaint alleging a violation of the law in any court of competent jurisdiction, and the language of the law appears to contemplate collective or multiple plaintiff lawsuits, say Daniel Schwartz and James Leva of Day Pitney LLP.

  • Corporate Reputation Management Vs. Employee Privacy

    Kara Lyons

    Information posted by or about an employee can have a deeply negative impact on a company’s image. Companies are responding by more carefully monitoring employees, but there are substantial limits and risks when an employer monitors and acts on the basis of employee activity on social media, say Rob Kilgore of Absio Corporation and Kara Lyons and Nicole Truso of Faegre Baker Daniels LLP.

  • Managing A Company's Internal Environmental Investigation

    Rob Van Walleghem

    Unless corporate policy is absolute, in-house counsel should advocate for use of the work-product privilege when conducting U.S.-based internal investigations. A company can always choose to waive the privilege if it decides to disclose its finding to the government — but it loses that option if it never invokes the privilege in the first place, say attorneys at Alston & Bird LLP and Tervita Corp.

  • Reading Between The Lines Of San Francisco's Retail Rules

    Joanne A. Buser

    Certain provisions to San Francisco's Retail Workers Bill of Rights may unnecessarily expose an employer to disparate treatment claims for failure to offer additional work or failure to promote a part-time employee, and consistent criteria should be used to minimize the impact of these risks to covered employers, says Joanne Buser of Paul Plevin Sullivan & Connaughton LLP.

  • IRS To Significantly Trim Determination Letter Program

    Maria P. Rasmussen

    The IRS is eliminating the staggered five-year determination letter remedial amendment cycles for individually designed tax-qualified retirement plans. As a result, some employers may decide to switch to plans that are preapproved by the IRS, which typically limit design choices, say Maria Rasmussen and Allison Tanner of McGuireWoods LLP.