Employment

  • February 5, 2016

    Background Check Co. Hit With FCRA Class Action

    Background check company Accurate Background Inc. was hit with a proposed class action in California federal court Thursday alleging the company performed consumer background checks for employment purposes in violation of federal consumer protection law.

  • February 5, 2016

    NJ High Court Won't Hear Bishop Rosen's Arbitration Row

    The New Jersey Supreme Court has declined to disturb rulings that Bishop Rosen & Co. Inc. can’t compel arbitration in the lawsuit one of its former stockbrokers filed over the financial burden from a client dispute because language in industry documents is too vague.

  • February 5, 2016

    Ex-Pepper Hamilton Atty Agrees To End ADA Suit

    A former project attorney for Pepper Hamilton LLP who sued the firm for allegedly violating the Americans with Disabilities Act and failing to accommodate his sleeping disorder will not proceed to a trial scheduled to start Monday after reaching an agreement to resolve the matter, as indicated in a Friday court filing.

  • February 5, 2016

    DOL Tells 2nd Circ. 'Black Car' Drivers Not Contractors

    A U.S. Department of Labor attorney on Friday urged the Second Circuit to overturn a judge's finding that "black car" drivers who ferry corporate lawyers and bankers around Manhattan are independent contractors, seeking to revive a proposed class action alleging wage violations.

  • February 5, 2016

    Lewis Brisbois Expands With 7-Lawyer Team In Raleigh

    Lewis Brisbois Bisgaard & Smith LLP has absorbed the seven remaining practicing lawyers from Patterson Dilthey LLP to launch a Raleigh, North Carolina, office, bringing the team’s experience handling professional and medical malpractice defense, product liability, insurance, construction, workers’ compensation and appellate disputes.

  • February 5, 2016

    Hair Extension Co. Loses Injunction Bid In Noncompete Fight

    An Italian hair extension company suing its former owners for allegedly violating noncompete agreements and stealing company secrets couldn't convince a New York federal judge to order them to halt their alleged infringement on Thursday, but it continued to fight for a trial and resist the former owners' request for arbitration in Italy.

  • February 5, 2016

    NCAA Mulls Changing Targeting Rule Amid Injury Litigation

    The National Collegiate Athletic Association is mulling football safety issues including a proposal to give instant-replay officials more discretion over targeting fouls, the organization said Thursday, soon after getting permission to move ahead with a possible $75 million settlement over concussions in college football and other sports.

  • February 5, 2016

    Gibson Dunn Slapped With Age Discrimination Lawsuit

    Two former Gibson Dunn billing specialists on Thursday alleged that the firm maintains a hostile work environment for older workers in its billing department, effectively pushing them out so it can hire younger and less expensive replacements, according to a filing in California state court.

  • February 5, 2016

    Tesoro Paying $8M For Bonuses Withheld In Steelworker Strike

    Petroleum firm Tesoro agreed Friday to pay $8.08 million to nearly 800 workers at two of its West Coast facilities, stemming from allegations it withheld bonuses from those employees as punishment for their participation in a nationwide strike last year, the National Labor Relations Board said.

  • February 4, 2016

    LAN Airlines CEO Settles SEC’s Union-Bribery Charges

    LAN Airlines SA's CEO has settled charges with the U.S. Securities and Exchange Commission that he violated the Foreign Corrupt Practices Act by authorizing $1.15 million in bribes to union officials to resolve a labor dispute, according to an SEC filing released Thursday.

  • February 4, 2016

    EEOC Wants Court To Compel BNSF Not To Discriminate

    The Equal Employment Opportunity Commission asked a Washington federal court Thursday to compel BNSF Railway Co. against engaging in disability-based discrimination, saying the company has failed to demonstrate it can change its ways.

  • February 4, 2016

    Ex-Blank Rome IP Atty Says He Was Axed Over LGBT Support

    A former Blank Rome LLP intellectual property partner on Wednesday launched a suit in Pennsylvania state court accusing the firm and its leadership of firing him and stealing his practice after he allegedly promoted gay rights in the legal community.

  • February 4, 2016

    XPO Logistics Accuses Rival YRC Of Poaching Employees

    XPO Logistics Freight Inc. launched a Delaware Chancery Court suit Wednesday accusing rival YRC Inc. of poaching several key employees, including two top-level executives, misappropriating trade secrets in the process and essentially engaging in unfair competition.

  • February 4, 2016

    Penske Truckers Say Co. Admitted Improper Break Policy

    A class of hundreds of truck drivers accusing Penske Logistics LLC of not offering required breaks and then deducting pay for rest periods never taken asked for a quick win Wednesday on their claims in California federal court, arguing the company's admitted policies violate the law at face value.

  • February 4, 2016

    NY Union Tells NLRB It Wants To Rep Some Uber Drivers

    A local New York chapter of the International Brotherhood of Electrical Workers has lodged an election petition with the National Labor Relations Board seeking to represent at least 550 drivers for Uber Technologies Inc. who are stationed at LaGuardia Airport, a petition that the union believes is the first ever made pertaining to Uber drivers.

  • February 4, 2016

    Moody's Dodges Whistleblower Suit Over Crisis-Era Ratings

    A New York federal judge on Thursday tossed a whistleblower lawsuit from a former Moody’s Corp. managing director who claimed the credit rating powerhouse gamed its ratings of troubled mortgage securities, saying there’s been no showing that Moody’s caused false claims to be made to the government.

  • February 4, 2016

    Cobra Seeks To Revive Cyber-Spying Suit At 6th Circ.

    Cobra Pipeline on Wednesday urged the Sixth Circuit to revive its cyber-spying suit accusing partner-turned-rival Gas Natural Inc. of illegally tracking it trucks and workers through the account of a former employee, saying an Ohio federal judge erroneously found no violations of the Stored Communications Act or Wiretapping Act.

  • February 4, 2016

    3 Ways To Avoid Employment Compliance Reporting Missteps

    Employers are required to submit data on employee demographics to federal agencies, and a failure to comply with reporting requirements can be expensive and expose a company to legal liability. Here, experts share ways to conduct legally sound compliance reporting and avoid any mishaps.

  • February 4, 2016

    Ex-Ford Worker Urges Fed. Circ. To Revive SYNC Tech Row

    A former Ford Motor Co. employee pushed a Federal Circuit panel Thursday to bring back his suit against the automaker over compensation for work he did developing hands-free vehicle technology, maintaining the lower court ignored key underlying payment disputes when it tossed the suit.

  • February 4, 2016

    NJ Senate Panel Advances Equal Pay Legislation

    A New Jersey bill that would close the pay gap between men and women advanced out of the state Senate Labor Committee, nearly one week after its unveiling commemorated the federal Lilly Ledbetter Fair Pay Act. 

Expert Analysis

  • Penalty Increases And A Stronger, Tougher OSHA In 2016

    Michael G. Murphy

    Recent trends, such as an upcoming penalty increase and new inspection policies, indicate that 2016 will see an increase in citations and enforcements from the Occupational Safety and Health Administration. It seems the agency is becoming tougher and more focused on issuing citations to employers who are not complying with regulations and standards, says Michael Murphy of Greenberg Traurig LLP.

  • New Law Boosts Calif. Workers' Comp Insurance Enforcement

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    A recent bill putting enforcement of workers’ compensation insurance compliance in the hands of the California Contractors State License Board, cuts out the middleman and will likely cause an uptick in CSLB workers' comp insurance enforcement activity against contractors and subcontractors, says Amy Pierce at Pillsbury Winthrop Shaw Pittman LLP.

  • 10 Key Trade Secret Developments Of 2015: Part 2

    Kerry L. Bundy

    Attorneys with Faegre Baker Daniels LLP highlight five more important 2015 trade secret stories, including yet another attempt at federal trade secret legislation, prosecutors’ increasing focus on source-code thieves in the financial industry, and the end of the long-running battle between DuPont and Kolon.

  • Courts Make Doing Good Abroad Bad For Business At Home

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    Proving that no good deed goes unpunished, plaintiffs lawyers have started using corporate social responsibility programs as a cornerstone of transnational supply chain liability theories, seeking to hold multinational companies like Nestle and Hershey liable for aiding and abetting human rights violations that allegedly occurred in their supply chains, say attorneys at Gibson Dunn.

  • Lessons In Enforcing Paid Sick Leave Protections

     Sara L. Faulman

    Sure, the many paid sick leave laws popping up across the country are strong in theory, but unfortunately, as demonstrated by the current condition of Washington, D.C.'s home care industry, when the mandates are not enforced employees, taxpayers and even the people who rely on a company's services will likely suffer, says Sara Faulman of Woodley & McGillivary LLP.

  • Consider These Cases Before Drafting An Arbitration Provision

    Alexis Miller Buese

    During the last quarter of 2015, courts rendered a number of significant decisions relating to arbitration. The new year provides an excellent opportunity to review these decisions, which provide important insight for practitioners drafting or litigating arbitration clauses, says Alexis Buese of Sidley Austin LLP.

  • How The Budget Act Will Help Fight Disability Program Fraud

    Paul C. Lillios

    Congress recently created a powerful new arsenal of tools to better address large-scale Social Security disability fraud. The significance lies not with just the simple articulation of a new conspiracy offense or in the classification of such criminal conduct as a felony. What impresses here in a rather forceful way is the direct and relatively harsh consequence that is aimed at those Congress now considers in a “position of trust”... (continued)

  • Drafting Effective Unpaid Internship Agreements

    Excerpt from Lexis Practice Advisor
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    At first glance, unpaid internship agreements might seem like run-of-the-mill legal documents. However, there are several varying factors that employers should include in an effective and compliant agreement in order to avoid the potentially grave consequences of federal and state laws, says Julie Capell of Winston & Strawn LLP.

  • BigLaw 2016: A Look Ahead

    Jeffrey A. Lowe

    While the years following the Great Recession have been challenging, many law firms have emerged stronger than ever. What do these firms all have in common? Strong leadership, smart strategy and a willingness to embrace change. Here are 12 ways in which BigLaw will continue changing in 2016, according to Jeffrey Lowe, global leader of Major Lindsey & Africa LLC's law firm practice.

  • Top 10 Employer Resolutions For 2016

    Allegra J. Lawrence-Hardy

    Is your company ready for all the employment law changes expected in 2016? From whistleblower issues to impending rules about “white collar” exemptions, employers should head into the new year with a commitment to several important "resolutions," say attorneys at Sutherland Asbill & Brennan LLP.