Employment

  • July 21, 2014

    Loss Adjusting Co. Sues Former Exec For Jumping Ship

    Loss adjusting and claim management company Cunningham Lindsey U.S. Inc. sued a former executive and his new employer Vericlaim Inc. in Pennsylvania federal court Friday, accusing them of stealing its entire international executive loss adjusting department in its Camp Hill office.

  • July 21, 2014

    NYC Asks Congress For Help On Tax Breaks, Higher Wages

    New York City legislative leaders on Monday listed tax cuts for low-income workers, assistance for overburdened renters and higher minimum wages, as well an an expansion of paid sick leave, as top priorities for Empire State federal lawmakers and the U.S. Congress.

  • July 18, 2014

    Ex-NFL Players Say Union Conspired To Hide Trauma Risks

    Two former professional football players hit the National Football League Players Association and three of its former presidents with a proposed class action in Missouri federal court Thursday, accusing the defendants of conspiring to actively conceal evidence linking traumatic brain injuries to long-term neurological problems.

  • July 18, 2014

    High Court Puts Utah Same-Sex Marriages On Hold

    The U.S. Supreme Court on Friday granted an emergency stay in which Utah doesn't have to recognize 1,300 same-sex marriages performed in the state between Dec. 23 and Jan. 6 while the Tenth Circuit reviews the merits of Utah's appeal over their validity.

  • July 18, 2014

    LA Mayor Scores Win In Nonprofits Battle With DWP Union

    A California judge on Friday ordered two controversial, publicly funded nonprofits run jointly by the Los Angeles Department of Water and Power and its formidable workers union to formally recognize management-appointed trustees, advancing Mayor Eric Garcetti's politically charged fight for the safety and training nonprofits' financial records.

  • July 18, 2014

    Obama To Sign Executive Order Protecting LGBT Workers

    President Barack Obama will sign an executive order Monday making it illegal for federal contractors to discriminate on the basis of sexual orientation or gender identity, a move that will protect gay and transgender people from employment discrimination, senior White House officials announced Friday.

  • July 18, 2014

    Barnes & Noble Can't Close Book On Wage-And-Hour Action

    A New York federal judge on Friday refused Barnes & Noble Inc.'s bid to sink a class action lawsuit alleging the bookseller stiffed its assistant store managers overtime pay, ruling that questions remain over whether the employees' job duties excluded them from federal overtime pay law.

  • July 18, 2014

    Employment Regs To Watch In The 2nd Half Of 2014

    The National Labor Relations Board and the U.S. Department of Labor are poised to move forward with controversial regulations in the second half of 2014 that attorneys say could dramatically reshape the legal landscape for employers. Here are the five rule-making pushes labor and employment practitioners should keep an eye on.

  • July 18, 2014

    11th Circ. Won't Revisit Fee Award In Tyson Race Bias Row

    The Eleventh Circuit refused Wednesday to revisit a May ruling on attorneys' fees in a worker's long-running race bias case against Tyson Foods Inc., despite his argument that the appeals court should have remanded the matter instead of trying to correct the trial court's mistakes.

  • July 18, 2014

    GOP Sens. Seek To Repeal Wage Law For Public Works

    Two Republican senators proposed legislation Thursday to repeal the Davis-Bacon Act, a Depression-era law that sets minimum wages paid to employees of federal public works projects, charging the law artificially inflates construction costs and excludes low-skilled workers from opportunity.

  • July 18, 2014

    10th Circ. Strikes Okla. Same-Sex Marriage Ban

    A Tenth Circuit panel on Friday struck down Oklahoma's state prohibition on same-sex marriage, a decision that comes less than a month after the same appeals court found a similar ban in Utah unconstitutional.

  • July 18, 2014

    Judge Keeps Visteon Retiree Benefit Row In District Court

    A Delaware federal judge on Friday refused to transfer to bankruptcy court a putative class action filed by retirees challenging Visteon Corp.’s move to end their health benefits after the auto parts maker’s exit from Chapter 11 protection.

  • July 18, 2014

    MF Global Workers Get Class Cert. On Vacation Pay Claims

    The MF Global Inc. trustee failed on Thursday to limit claims for unpaid vacation time owed to workers terminated in the firm’s hectic 2011 collapse when a New York bankruptcy judge ruled that converting the claims to a class action would not short-change other creditors.

  • July 18, 2014

    DC Circ. Says Temp Nurse Is 'Employee' In $3M Coverage Row

    The D.C. Circuit ruled Friday that a hospital's captive insurer owes $3 million to Interstate Fire & Casualty Co. for a medical malpractice settlement, finding that a temporary nurse qualified as an “employee” and thus triggered the captive insurer's policy.

  • July 18, 2014

    Window Washing Co. Not Exempt From OT Rules, DOL Says

    High-rise window washing company Corporate Cleaning Service Inc. is not the sort of employer that should be considered exempt from paying overtime to employees who work mostly on commission, the U.S. Department of Labor told the Seventh Circuit on Thursday.

  • July 18, 2014

    Ex-SF Official Vows To Sue After Tossed Whistleblower Claim

    A former top official in the San Francisco city attorney's office, whose whistleblower claim alleging a potential scheme that led the city to pay more than $10 million in unnecessary sewer line repairs was recently rejected, said on Thursday that she intends to sue.

  • July 18, 2014

    NY AG Says New Bill Will Protect Women From Hobby Lobby

    New York Attorney General Eric T. Schneiderman and State Senate Democratic Conference Leader Andrea Stewart-Cousins announced Thursday plans to propose a bill they say will help protect women in the state from the effect of the U.S. Supreme Court's recent Burwell v. Hobby Lobby Stores Inc. decision.

  • July 18, 2014

    DC Circ. Bars Suit Against DOD Brass Over Sex Assaults

    The D.C. Circuit ruled Friday that top U.S. Department of Defense officials can't be held personally liable for management decisions in a damages suit launched by U.S. Navy and Marine Corps members who were allegedly raped or sexually assaulted by fellow service members and then later retaliated against.

  • July 18, 2014

    Ex-Faruqi Atty Fights For Damages Report In Harassment Suit

    A former Faruqi & Faruqi LLP associate alleging she was sexually assaulted by a male partner told a New York federal court Thursday that it should consider an expert's damages testimony, disputing Faruqi's arguments that the expert report “suggests bad faith.”

  • July 18, 2014

    Tribes Urge Appeals Courts To Force Quick NLRB Reviews

    Three Native American tribes urged the Sixth and Tenth Circuits on Thursday not to vacate several NLRB orders concerning its jurisdiction over their casinos in light of Noel Canning, arguing that the appeals should be held in abeyance and the orders remanded for expedited review.

Expert Analysis

  • Class Action Waivers Good In Calif., PAGA Waivers Perhaps

    Edward F. Berbarie

    The full impact of the California Supreme Court's ruling in Iskanian v. CLS Transportation of Los Angeles over Private Attorneys General Act waivers is not yet known. While the decision makes clear that mandatory predispute PAGA waivers are invalid in the state, the decision can be read to leave open the door to both predispute and post-dispute PAGA waivers, so long as they are not compulsory, say attorneys at Littler Mendelson LLP.

  • Supreme Court Creates New Framework For ESOP Claims

    Jared L. Kopel

    The U.S. Supreme Court in Fifth Third Bancorp v. Dudenhoeffer unanimously rejected the so-called “presumption of prudence” that had been adopted in some form by every circuit court to consider the issue, and instead established a new framework for pleading employee stock ownership plan claims that will potentially engender confusion and conflicting decisions by lower courts, says Jared Kopel of the Law Offices of Jared L. Kopel.

  • NLRB's Hooters Ruling May Change The Status Quo

    Christopher G. Ward

    A recent decision by a National Labor Relations Board administrative law judge in a case involving a Hooters bikini contest has seriously raised eyebrows in employer communities, and potentially portends a new focus on policies employers may feel are absolutely necessary to maintain proper order in the workplace and appropriate conduct with customers, says Christopher Ward of Foley & Lardner LLP.

  • Parties Should Consider Judges When Approving Settlements

    Anthony V. Lupo

    A California district judge's order in Daniels v. Aeropostale West Inc. should alert employers that judges will not simply rubber-stamp a class or collective action proposed settlement that was agreed to by the parties as fair and reasonable, say attorneys at Arent Fox LLP.

  • Pushing Back On DCAA Audits: Part 2

    David Nadler

    Lawmakers, regulators and the media have focused on executive compensation as a target for scrutiny. On top of this, government contractors undergoing incurred cost audits by the Defense Contract Audit Agency often face significant disallowances of their executive compensation based on formulas, surveys and other metrics that may not reflect whether that compensation is reasonable given an employee’s performance and the marketplace... (continued)

  • 10 Steps To Take After Trade Secret Theft Accusation

    Christopher Calsyn

    Much has been written touting best practices for corporations to protect their trade secrets from rogue employees and third parties. Much less has been written about how companies should respond to accusations of trade secret theft. Most often, the in-house lawyer who receives the initial inquiry will have no warning or prior knowledge of the issue. Acting quickly can greatly increase the chances of an early settlement, say Mark Kl... (continued)

  • New Challenges To Pay Confidentiality Policies

    Mark E. Brossman

    In the interest of maintaining pay flexibility and incentivizing superior performance without diminishing coworker morale, many employers prohibit employees from discussing their wages, benefits or other compensation with coworkers. These policies have recently come under attack from the National Labor Relations Board and are also under challenge in efforts to combat claimed gender pay disparities, say attorneys with Schulte Roth & Zabel LLP.

  • 2nd Circ. Case Will Have Far-Reaching ERISA Implications

    James E. Scheuermann

    The Second Circuit's decision in Euchner-USA Inc. v. Hartford Casualty Ins. Co. is doubly significant. First, for its rejection of commonly asserted insurer defenses to coverage for Employee Retirement Income Security Act claims. Further, future private litigation — including class actions — under the Affordable Care Act may well implicate employee benefits liability coverage issues that have been decided in the ERISA context, says... (continued)

  • The Defend Trade Secrets Act Bill Has Holes

    Michael Weil

    If the Defend Trade Secrets Act becomes law, then trade secrets plaintiffs — not just those who can maintain diversity jurisdiction — could proceed in federal court under new federal law. But the path to federal courts has its own limitations. The DTSA may not be preferable to the well-known Uniform Trade Secrets Act, which is available in 48 of the 50 states, say Michael Weil and Catherine Lui of Orrick Herrington & Sutcliffe LLP.

  • Profanity Protection: It's Now A 'Concerted Activity'

    Stuart R. Buttrick

    Plaza Auto Center Inc. demonstrates the National Labor Relations Board's ongoing pursuit of employers that allegedly interfere with, restrain or coerce employees for engaging in protected concerted activities — which now, apparently, includes profanity. However, employers need not, and should not, disregard insubordination or profanity in the workplace because doing so may create legal risk in other areas, most notably Title VII, s... (continued)