Employment

  • February 24, 2015

    Ireland Says $1.5B Offer For Aer Lingus Not Sweet Enough

    The Irish government said Tuesday that an offer valued at $1.5 billion from British Airways owner International Consolidated Airlines Group SA for Aer Lingus Group PLC wasn’t enough to win its approval, questioning the takeover's impact on employment and several other factors in the proposed deal.

  • February 24, 2015

    Class Counsel In Wage, Visa Suit Ask To Depose Own Client

    Class counsel in a suit accusing an amusement park company of underpaying employees and forcing them to pick up H-2B visa expenses asked a Massachusetts federal court Monday for permission to depose one of its own named plaintiffs, saying she has cut them off after reaching a settlement on her own.

  • February 24, 2015

    U. Of Phoenix Parent Drops $13.1M To Settle Backdating Suit

    The corporation behind the for-profit University of Phoenix has asked an Arizona federal judge to approve a $13.1 million settlement in a class action accusing top executives of illegally reaping millions of dollars by backdating stock options, marking the end of a seven-year legal battle.

  • February 24, 2015

    Christie Pushes Pension Reform In Wake Of NJ Court Ruling

    One day after a judge rebuffed his $1.57 billion cut to pension funding this fiscal year, New Jersey Gov. Chris Christie on Tuesday used the unveiling of a $33.8 billion budget to stump for pension reforms that include the transfer of existing and new plans to employee entities.

  • February 24, 2015

    Bodum Sues Ex-Prez For Taking Trade Secrets To Rival

    Coffee-equipment maker Bodum USA Inc. sued its former president in New York court Monday, alleging he took the company's trade secrets and customer lists when he left to take the reins at rival Alpha Dominche Ltd.

  • February 24, 2015

    Jackson Lewis Adds Akerman Employment Pro In Orlando

    Labor and employment law firm Jackson Lewis PC has added former Akerman LLP attorney Stephanie A. Segalini as a partner in its Orlando, Florida, office, the firm announced Monday.

  • February 24, 2015

    Wash. Farm Blasts Class Cert. Attempt In H-2A Wage Suit

    A Washington farm has slammed the class certification bid of local workers accusing it of failing to inform them about higher paying H-2A visa vineyard jobs, telling a Washington federal court that the proposed class size is absurd and the claims are better addressed individually.

  • February 24, 2015

    Pryor Cashman Hit With $5M Suit Over Employment Audit

    The Irish Dairy Board Cooperative Ltd. launched a $5 million lawsuit Monday in New York state court against law firm Pryor Cashman LLP for an allegedly negligent employment audit that the exporter says has led to a series of expensive class action suits against its California subsidiary.

  • February 24, 2015

    Judge Gives Pizza Shop Servers New Life In Tip-Pooling Suit

    An Arkansas federal judge on Tuesday agreed to put on hold the decertification of a putative class of pizza waiters accusing Gusano's Chicago-Style Pizzeria of using an illegal tip-pooling policy to pay its waiters less than the minimum wage, giving the servers a chance to state their case.

  • February 24, 2015

    10th Circ. Partially Revives Embarq Retirees' ERISA Suit

    The Tenth Circuit Tuesday revived certain breach of fiduciary duty and contractual vesting claims in a long-running Employee Retirement Income Security Act class action against Embarq Corp., Sprint-Nextel Corp. and others, while simultaneously affirming the dismissal of age discrimination-related claims.

  • February 24, 2015

    Justices Mull Scope Of Pension Plan Duties In ERISA Row

    The U.S. Supreme Court on Tuesday fielded oral arguments over whether Employee Retirement Income Security Act claims against Edison International over allegedly imprudent 401(k) plan investments were time-barred, yet the justices appeared eager to tackle the broader question of whether plan fiduciaries are required to constantly monitor investments.

  • February 24, 2015

    Iraq Contractor Wants Full 4th Circ. To Rehear FCA Case

    Defense contractor Triple Canopy Inc. on Monday urged the Fourth Circuit to reconsider en banc a ruling reviving some of the government’s claims that it falsified marksmanship tests of guards hired under a $10 million contract for a U.S. base in Iraq.

  • February 24, 2015

    Delta Manager Gets 6 Years For False-Invoicing Scheme

    A former Delta Air Lines Inc. manager has been sentenced to more than six years in prison for allegedly running a 14-year, $36 million scheme to bill the airline for services not provided.

  • February 24, 2015

    Jury Nixes ADA Claims By Ex-Walgreen Worker With Arthritis

    A Florida federal jury on Monday denied Americans with Disabilities Act claims brought by a former Walgreen Co. supervisor who accused the company of forcing him to work in a freezer and a cooler after he received an infusion treatment for his psoriatic arthritis.

  • February 24, 2015

    JBS Angles For Knockout In EEOC, Muslim Workers' Suit

    Meatpacking company JBS USA LLC urged a Nebraska federal court on Monday to toss what's left of a U.S. Equal Employment Opportunity Commission bias suit brought on behalf of Somali Muslim workers, arguing that the plaintiffs' claims were short on specific facts.

  • February 24, 2015

    Novartis Says Doc Deadline In FCA Suit Not Feasible

    Novartis Pharmaceuticals Corp. told a New York federal judge on Monday it would have to hire 40 more attorneys to work around the clock in order to meet a whistleblower’s Friday deadline demand for documents in the False Claims Act suit alleging the company paid kickbacks to pharmacies.

  • February 24, 2015

    Employers Must Cover Hospital Stays Or Face Fines: CMS

    The Centers for Medicare and Medicaid Services is closing a loophole that allowed some employers a way around providing workers with inpatient hospital coverage, saying that plans without the coverage don’t meet the minimum value standards required under the Affordable Care Act.

  • February 24, 2015

    Feds Seek Early Win In Symantec Whistleblower FCA Suit

    The federal government moved to score an early win in a False Claims Act suit alleging Symantec Corp. inflated its prices to the U.S. General Services Administration while giving discounts to commercial clients, urging a D.C. federal court Monday to grant partial summary judgment.

  • February 24, 2015

    Ex-Two Sigma Analyst Cops To IP Theft, Faces Deportation

    A former analyst for hedge fund Two Sigma Investments LLC accused of stealing trade secrets on Tuesday admitted to lifting a confidential trading model from his former employer, setting the stage for his deportation to China.

  • February 24, 2015

    AFL-CIO Clashes With White House Over Fast-Track Trade Bill

    As President Barack Obama and senior cabinet officials continue to build the case to renew the White House's fast-track trade negotiating authority, the AFL-CIO on Monday made clear that it will fight the president every step of the way, setting the stage for a high-profile dispute within the Democratic base.

Expert Analysis

  • Key Questions When Selecting E-Discovery Vendors

    David Houlihan

    While e-discovery remains a critical pain point in litigation, the "solutions" supporting its processes continue to evolve. In order to help organizations navigate the sea of options, we conducted research with 21 organizations across e-discovery market segments to understand the factors involved in successful e-discovery investments, says David Houlihan of Blue Hill Research Inc.

  • Iskanian V. CLS Will Continue To Divide Calif. Courts

    Regina Silva

    The U.S. Supreme Court's recent denial to hear Iskanian v. CLS Transportation Los Angeles LLC means it remains good law and is binding on all state courts. However, since California federal courts appear to have no intention of following the opinion, legal observers should expect significant forum-shopping by litigants going forward, says Regina Silva, senior counsel at Tyson & Mendes LLP and a former prosecutor.

  • Looking At Angles Of Liability After A Cyberattack

    Thomas B. Caswell III

    Individual or class claims from employees against their employers after a cyberattack could be based on state or federal statutes and might include common law claims of negligence, invasion of privacy, breach of express or implied contract or misrepresentation. As this area of litigation expands we are likely to see additional causes of action develop, say Thomas Caswell and Judith Langevin of Zelle Hofmann Voelbel & Mason LLP.

  • Should You Be Withholding On Per Diems Paid To Employees?

    Jennifer A. Ray

    Two Tax Court cases released last week highlight the importance — and the difficulty — of determining where a traveling worker “lives” for tax purposes, and the stakes are magnified for employers that provide cash allowances for travel expenses or per diem amounts to their traveling employees, says Jennifer Ray of Crowell & Moring LLP.

  • How To Fix College Football's Legal Issues

    James Gulotta Jr.

    Baseball and basketball players have professional employment opportunities at an early age — there is no reason why football players should not have similar opportunities. If the National Football League's three-season waiting rule were lifted, much of the confusion affecting college football resolves into clarity, says James Gulotta Jr. of Stone Pigman Walther Wittmann LLC.

  • Who Owns Your Company Facebook Account? #unclear

    Nary Kim

    Over 70 percent of Fortune 500 companies now maintain a Twitter or Facebook account. Like their human counterparts, companies are actively blogging, tweeting, updating their Facebook pages, and posting videos and comments on YouTube. But who owns these social media accounts, employee or employer? Turns out, it's not so clear, say attorneys with Jenner & Block LLP.

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • Normal Contract Rules Apply For E-Signing In Calif.

    Alan S. Kaplinsky

    A California appellate court's recent ruling in Ruiz v. Moss Bros. Auto Group Inc. shows that, even though nearly all jurisdictions recognize the legal effect of electronic signatures, employers must be able to establish that the electronic signature was the act of the employee, say attorneys at Ballard Spahr LLP.

  • 10-K Conundrum: How SEC Filings Breed Employment Claims

    Jessica Linehan

    A recent Seventh Circuit decision provides a cautionary tale for employers deciding what level of detail about litigated matters to include in publicly disclosed U.S. Securities and Exchange Commission filings, say attorneys with Dorsey & Whitney LLP.

  • D&O Coverage May Be An Asset During Data Breaches

    Sabrina N. Guenther

    While there have so far been no reported cases regarding the application of directors and officers policies to class actions arising out of data breaches, D&O policies are designed to cover acts that directors and officers perform in their jobs and the allegations in the Target Corp., Sony Pictures Entertainment Inc. and other lawsuits fall directly within that purpose, say Matthew Jacobs and Sabrina Guenther of Jenner & Block LLP.