Employment

  • August 23, 2016

    NLRB Rules Grad Students Are Employees, Can Unionize

    The National Labor Relations Board ruled Tuesday in favor of students assistants at Columbia University who are seeking to form a union, overturning a decade-old standard and opening the door for unionization efforts at private universities across the country.

  • August 22, 2016

    6th Circ. Vacates NLRB's Kellogg Co. Union Ruling

    The Sixth Circuit on Friday overturned a National Labor Relations Board decision that found Kellogg Co. had unfairly locked out more than 200 workers after it tried to rework their employment terms with their union, ruling the board had ignored its own precedent.

  • August 22, 2016

    HP, HP Enterprise Hit With Age Bias Suit Over Layoffs

    HP Inc. and Hewlett Packard Enterprise Co. were hit with a proposed class action on Thursday in California federal court accusing the successor companies of Hewlett-Packard of illegally targeting workers 40 and older in staff layoffs that began in 2012.

  • August 22, 2016

    Bank Of America To Pay $1.9M To Settle Calif. OT Claims

    Bank of America NA reached a settlement for $1.9 million with a class of 100 employees in California federal court on Monday, potentially putting an end to a case filed last fall over customer service representatives getting shorted on pay.

  • August 22, 2016

    Split 7th Circ. Revives Union Fight Over 'Inflatable Rat' Ban

    A split Seventh Circuit on Friday ordered a lower court to reconsider its decision ending a union's free speech suit and allowing a Wisconsin town to ban the union's symbolic inflatable rat and cat from public medians, saying the lawsuit may have been moot after the union took down the protest balloons.

  • August 22, 2016

    Trade Groups Urge Permanent Block Of DOL 'Persuader' Rule

    The U.S. Department of Labor should be permanently blocked from enforcing a new rule that expands employer disclosure requirements relating to union-organizing campaigns, nonprofit business groups told a Texas federal judge Monday, citing liberally to his prior order granting temporary injunctive relief.

  • August 22, 2016

    Paul Mitchell Students' Wage Class Action Faces Clean Cut

    A California federal judge said Monday she’s inclined to toss a putative class action alleging John Paul Mitchell Systems and various affiliates treat cosmetology school students like employees, and thus owe them wages.

  • August 22, 2016

    Blue Cross Pushes For Partial Redo In Tribe's ERISA Suit

    Blue Cross Blue Shield of Michigan continued to press a federal judge Friday to reconsider part of a previous ruling in the Little River Band of Ottawa Indians’ lawsuit alleging the insurer mismanaged the tribe’s employee benefit plan under the Employee Retirement Income Security Act.

  • August 22, 2016

    2nd Circ. Insurance Case May Be Bound For Conn. Justices

    The Second Circuit considered Monday sending a dispute over whether First Mercury Insurance must pick up the tab for four negligence suits stemming from a deadly 2010 construction accident at Yale University to Connecticut's top court after hearing the state has not addressed how it applies “additional insured” endorsements.

  • August 22, 2016

    Calif. Teacher Tenure Laws Upheld As High Court Skips Case

    The California Supreme Court cemented a victory for the state’s teacher tenure system Monday when it decided not to review an appeals court decision upholding the constitutionality of the system opponents say sticks poor and minority students with bad teachers.

  • August 22, 2016

    Server Claims Disney Underpaid Her For Nontipped Work

    Walt Disney World Co. has been hit with a suit by a server at one of its restaurants, claiming the amusement park giant violated minimum wage laws by paying her at a lower rate allowed for tipped work even though she spent substantial time on nontipped tasks.

  • August 22, 2016

    Fired Atty Asks 1st Circ. To Nix Fees In Sex-Bias Suit

    A former tax attorney for Morell Bauza Cartagena & Dapena LLC on Friday asked the First Circuit to reconsider its finding that she should pay legal fees stemming from her frivolous sex discrimination claims against the firm, arguing she based her claims on “clear and convincing” evidence.

  • August 22, 2016

    Siemens Wants Ex-Worker To Return 'Misappropriated' Docs

    Siemens Industry Inc. on Friday asked a Pennsylvania federal judge to force a former general manager suing the company for breach of contract to return thousands of documents he allegedly downloaded before leaving the company and to impose sanctions against the ex-employee's counsel for purported misuse of the files.

  • August 22, 2016

    OSHA Fights Injunction Bid Over Injury Reporting Rule

    The Occupational Safety and Health Administration on Friday attacked as “meritless” an attempt by several groups of builders to argue that its new rule regarding workplace injury and illness reporting is an overreach because Congress authorized it to do “whatever it deems necessary” to ensure accurate recordkeeping.

  • August 22, 2016

    Conn. High Court Reinstates Man Caught With Pot At Work

    The Connecticut Supreme Court ruled a state worker who was caught smoking marijuana at work should get his job back, rejecting arguments that anything short of termination would send the wrong message to other employees.

  • August 22, 2016

    Maxus Seeks OK For $2.3M Ch. 11 Retention, Severance Deal

    Maxus Energy Corp. asked a Delaware bankruptcy judge Monday for expedited approval of more than $2.3 million in retention and severance payments for 29 employees, saying the oil and gas producer needs incentives to hold workers as it wrestles with toxic legacies and Chapter 11.

  • August 22, 2016

    Metro Slams Union's Worker Rehire Bid After Smoke Incident

    The Washington Metropolitan Area Transit Authority filed a countersuit Friday against a union suing the agency to reinstate an allegedly scapegoated mechanic who was fired after a fatal underground smoke incident in 2015, saying rehiring the fired worker would jeopardize public safety.

  • August 22, 2016

    4th Circ. Tosses DynCorp Accounting Whistleblower Suit

    The Fourth Circuit rejected a former DynCorp International LLC employee’s retaliation claims under the False Claims Act, ruling Monday that a lower court rightly tossed the suit for failing to state how the defense contractor could have defrauded the government.

  • August 22, 2016

    Sanction Kramer Levin For Trade Secret Suit, Court Urged

    Two former top executives of a virtual reality startup on Friday blasted the company and its counsel Kramer Levin Naftalis & Frankel for accusing them in California federal court of stealing trade secrets, saying the suit is a baseless “fishing expedition” that warrants sanctions.

  • August 22, 2016

    Norwegian Cruise Line Tries To Sink Hurt Worker's Award

    Norwegian Cruise Line Holdings Ltd. told a Virgin Islands judge Friday that an arbitration award issued to one of its employees after he was injured on the job should be vacated, saying that the arbitrator improperly disregarded key evidence from its witnesses.

Expert Analysis

  • Embezzlers Aren't Always Who You Think They Are

    Douglas Karpp

    According to the 2016 Hiscox Embezzlement Study the majority of embezzlement is not done by CEOs of big companies, but by regular employees at small and mid-sized companies. To prevent this kind of employee theft it's important to understand who the embezzlers are and why they do it, says Doug Karpp at Hiscox Inc.

  • NJ Arbitration Agreements: It's All In The Language

    Jed L. Marcus

    Employers have indeed suffered setbacks in their attempts to enforce arbitration agreements, but a New Jersey appeals court's recent decision in Anthony v. Eleison Pharmaceuticals does not mean that New Jersey courts won't enforce arbitration agreements if they are written properly, says Jed Marcus at Bressler Amery & Ross PC.

  • BigLaw’s (Crowded) Passage To India?

    Mark A. Cohen.jpg

    The imminent green light for foreign firms to get into India’s market will be a bellwether of law firm behavior. The impulse to follow the crowd into the new frontier will be great, but smart firms will take a long hard look at who they are before making the passage to India, says Mark A. Cohen, an adjunct professor at Georgetown Law School and founder of Legal Mosaic LLC.

  • The Pay Equity Consequences Of Reclassifying Employees

     Ted Anderson

    In response to the U.S. Department of Labor’s minimum compensation levels required for exempt employee status, it would appear firms will have to reclassify such employees to nonexempt status or raise their compensation above the new threshold to maintain their exempt status. However, either of these actions can lead to the creation of adverse pay equity effects, says Ted Anderson at Welch Consulting.

  • Prevent Litigation From Becoming A Threat To Data Security

    Dante Stella

    Recent headline-grabbing data security incidents have shed light both on direct and collateral impacts to companies and their employees. Attorneys should take steps to ensure that their role in the conduct of litigation does not in itself lead to similarly damaging disclosures of sensitive information, say Dante Stella and Sherrie Farrell of Dykema Gossett PLLC.

  • Justice For Servicemembers Act: A Look At The Big Picture

    David C. Henderson

    If recently introduced bills providing for a so-called Justice for Servicemembers Act are enacted into law, the decades-long evolution of service members’ rights could take another significant, evolutionary step. Whether that step would be advisable will be subject to debate, says David Henderson at Nutter McClennen & Fish LLP.

  • OPINION: Our Juries Are Being Circumvented

    Suja A. Thomas.jpg

    The Freddie Gray case and the U.S. Supreme Court ruling regarding former Virginia Governor Robert McDonnell demonstrate how the government replaces juries, eliminating an important community decision maker and a check on governmental power, says Professor Suja Thomas of the University of Illinois College of Law.

  • Trade Secret Claim Strategies: ITC Vs. DTSA

    Paul A. Ainsworth

    While the Defend Trade Secrets Act offers both monetary and injunctive relief, the U.S. International Trade Commission offers trade secret owners jurisdiction over foreign companies and a speedier remedy, say Paul Ainsworth and Stephanie Nguyen of Sterne Kessler Goldstein & Fox PPLC.

  • The Best Ways To Prepare For EB-5 Site Visits

    Julianne Opet

    As the EB-5 community prepares for the start of U.S. Citizenship and Immigration Services site visits, it is helpful to extract valuable experience and insight from employers in other immigration programs who have contended with site visits over the last several years, says Julianne Opet at Klasko Immigration Law Partners LLP.

  • ‘Ban The Box’ Goes Beyond The Application In Austin

    James H. Kizziar Jr.

    Although referred to colloquially as “ban the box,” a newly enacted ordinance in Austin, Texas, regulates much more than just application questions. Amendments to the city code direct the entire hiring process and prohibit soliciting or inquiring about criminal histories until a conditional offer of employment is made, say James Kizziar Jr. and Amber Dodds at Bracewell LLP.