Employment RSS

  • April 17, 2014

    Fla. Justices Say Civil Rights Law Covers Pregnancy Bias

    The Florida Supreme Court ruled Thursday that the sex bias prohibition in the state's civil right law extends to pregnancy discrimination and ordered a trial court to reinstate claims brought by a former employee of property management company The Continental Group Inc.

  • April 17, 2014

    NHL Aims To Skate Concussion Row To Arbitration

    The National Hockey League will attempt to force arbitration on former players suing over concussions sustained during their careers, an attorney for the league told a Washington, D.C., federal judge on Thursday, saying the players were bound by a collective bargaining agreement.

  • April 17, 2014

    NLRB Says Anti-Union VW Workers Can Join Election Hearing

    The National Labor Relations Board ruled on Wednesday that Volkswagen AG employees who oppose unionization at the company’s Chattanooga, Tenn., plant can participate in a hearing over whether a new representation vote should be held, just as Democratic lawmakers announced an investigation into whether state officials unduly influenced the employees’ decision not to unionize.

  • April 17, 2014

    Northwestern Argues Football Union Flouts NLRB Precedent

    A controversial decision that gave Northwestern University football players a green light to unionize wrongly refused to apply National Labor Relations Board precedent, the school insisted Thursday, firing back after the union looking to represent the players blasted Northwestern's bid to overturn that ruling.

  • April 17, 2014

    Judge Rules Tyco SOX Whistleblower Suit May Move Forward

    A Pennsylvania federal judge on Tuesday denied a bid by Tyco Electronics Corp. to escape a whistleblower suit by a longtime former accountant, saying his allegations that he was fired for reporting improper expenditures were legitimate enough to move forward.

  • April 17, 2014

    Dukes Test No Bar To Class Cert. In Chinese Daily OT Suit

    A California federal judge on Tuesday reinstated a class of workers pursuing wage-and-hour claims against a Chinese-language newspaper, finding that the class allegations satisfied the commonality and predominance hurdles for certification even under the higher standard set by the U.S. Supreme Court's Wal-Mart Stores Inc. v. Dukes opinion.

  • April 16, 2014

    High Court Urged To Nix Suit Over Worker's Facebook Posts

    Mercy Health System of Kansas Inc. urged the U.S. Supreme Court on Wednesday not to take up a petition from a former employee asking the court to rule on whether Facebook posts and other communications to nonemployers are protected by law, arguing that the suit is an inappropriate vehicle for the question.

  • April 16, 2014

    Waste Connections Wins Initial Nod On Class OT Deal

    A California federal judge on Tuesday granted preliminary approval to a Waste Connections Inc. settlement with a putative class of more than 1,200 current and former workers who alleged the solid waste services company violated state labor laws by failing to provide meal breaks and pay overtime and minimum wages.

  • April 16, 2014

    Move Can't Block Exec. From New Job At Rival Zillow

    A Washington state judge on Monday rejected online real estate company Move Inc.’s argument that its former chief strategy officer, Errol Samuelson, will inevitably reveal trade secrets to his new employer, rival Zillow Inc., denying the company's bid to block the executive from employment at Zillow.

  • April 16, 2014

    30,000 Costco Workers Decertified In Lockdown OT Suit

    A California federal judge on Tuesday decertified a class of approximately 30,000 Costco Wholesale Corp. employees who claim the company locked them inside its warehouses at the end of their shifts and didn't pay them overtime, citing lack of predominance.

  • April 16, 2014

    NYC Deputy Mayor Sued For Age Discrimination At Nonprofit

    A New York City deputy mayor who previously served as CEO of the nonprofit organization Children's Aid Society was hit with a lawsuit on Tuesday in Manhattan federal court by a former CAS vice president who claims she was terminated because of her age.

  • April 16, 2014

    Deutsche, UBS Overcome $166M UK Tax Scheme Suit

    Deutsche Bank and UBS scored a $166 million victory on Wednesday in a United Kingdom court battle over an alleged scheme to avoid paying taxes on employee bonuses.

  • April 16, 2014

    9th Circ. Hands State Farm Win In D&O Fight Over Firing

    The Ninth Circuit ruled on Tuesday that State Farm General Insurance Co. Inc. did not have a duty to provide directors and officers coverage to a condominium homeowners association against a lawsuit claiming that its firing of a security guard was based on military service discrimination.

  • April 16, 2014

    CSC Pays $1.1M In FCA Fight Over Fake Employee Resumes

    Virginia-based defense contractor Computer Sciences Corp. will pay $1.1 million to resolve False Claims Act allegations that it wrongly billed taxpayers for pricey labor after submitting fraudulent resumes for employees, the U.S. Department of Justice said Tuesday.

  • April 16, 2014

    Ex-Gore Engineer Arrested Over Trade Secret Theft

    A former W.L. Gore & Associates Inc. engineer facing accusations that he stole trade secrets from the high-tech fabric company was ordered to home confinement on Monday following his arrest while allegedly attempting to flee the country, according to documents filed in Delaware district court.

  • April 16, 2014

    DOJ Wary Of Offering Bounties To Antitrust Whistleblowers

    Implementing a bounty program for employees blowing the whistle on criminal antitrust behavior could lead to weaker witnesses at cartel trials and to a flood of false leads, a top U.S. Department of Justice official said Wednesday.

  • April 16, 2014

    Huge NY Wage Hike Bill Would Touch Off Litigation Bonanza

    A bill to nearly double the hourly minimum wage large New York businesses pay to $15 would keep New York lawyers busy for years by setting the plaintiffs bar on the hunt for misclassifications and other missteps and spurring employers to argue the law doesn't apply to them, experts said Wednesday.

  • April 16, 2014

    TD Bank, Class Get Approval Of $6M Deal Over FLSA Suit

    A Pennsylvania federal judge on Monday gave his first green light to a $6 million deal to settle a class action against TD Bank NA alleging that the bank stiffed its employees payments for duties they had performed prior to the start of their shifts in violation of the Fair Labor Standards Act.

  • April 16, 2014

    5th Circ. Won't Rehear Ruling On DR Horton Class Waiver Ban

    The Fifth Circuit on Wednesday shot down a rehearing request from the National Labor Relation Board in its suit with homebuilder D.R. Horton Inc., preserving the court’s finding that arbitration agreements barring employees from pursuing class or collective claims do not violate federal labor law.

  • April 16, 2014

    Workers Can Be Evaluated After FMLA Leave: Calif. Court

    A California appeals court ruled Tuesday that an employer can evaluate a worker's fitness for duty after that employee has returned from leave awarded under the Family and Medical Leave Act, even if the evaluation is related to the condition that prompted the FMLA leave in the first place.

Expert Analysis

  • 10 FAQs Clarifying (Sort Of) Obligations Under VEVRAA

    Jon Geier

    In recognition of remaining ambiguity over the Vietnam Era Veterans’ Readjustment Assistance Act, the Office of Federal Contract Compliance Programs has provided FAQs as guidance on contractor obligations under the law. To assist contractors and avoid additional rulemaking, the OFCCP has issued — and will likely keep issuing — FAQs, say attorneys at Paul Hastings LLP.

  • How To Successfully Conduct Mass Layoffs In China

    Kevin L. Jones

    There are several options for U.S. companies with operations in China that want to conduct a mass layoff. We recommend, in most cases, citing Article 36 of the Employment Contract Law when drafting mutual termination arrangements, which require no notice requirement, no restriction as to which employees may be terminated and no requirement to notify the authorities, says Kevin Jones of Faegre Baker Daniels LLP.

  • Technology — Not Just For The Privileged Anymore

    Ellyn Haikin Josef

    The digital age has made technology and online access not only more available to those living in poverty, but available as a tool to close the ever-growing justice gap. High tech converging with high need has led to a very successful pro bono project in Houston that, with very little work, can be replicated anywhere, say Ellyn Haikin Josef of Vinson & Elkins LLP and Alissa Rubin Gomez of Houston Volunteer Lawyers.

  • Calif. High Court Takes On Public Safety Employee Reviews

    Morin I. Jacob

    If the California Supreme Court reverses the appeals court in Poole v. Orange County Fire Authority, it will call into question the notion that employees protected under the Public Safety Officers Bill of Rights Act and the Firefighters' Procedural Bill of Rights Act have access to a supervisor’s files kept solely for recollection in the preparation of an annual evaluation, says Morin Jacob of Liebert Cassidy Whitmore.

  • Employers, Consider Refreshed Options Under ACA

    Harvey D. Cotton

    In light of the Affordable Care Act, the U.S. Department of Treasury and IRS recently made significant changes to the rules on "employer shared responsibility" under Section 4980H of the Internal Revenue Code. They also allotted for important transition relief that will affect all employers subject to these provisions, says Harvey Cotton of Ropes & Gray LLP.

  • 7 Lessons From 1st Year Of Decisions Under Comcast

    Daniel McLaughlin

    The sky has not fallen for class action plaintiffs in the year following the U.S. Supreme Court's decision in Comcast Corp. v. Behrend. A Comcast challenge is not appropriate in every case, and courts have been resistant to arguments they regard as overreaching or destroying the utility of the class action device. But predictions that Comcast would have no practical effect have been equally mistaken, says Daniel McLaughlin of Sidley Austin LLP.

  • How To Reduce Risk, Make More Money In Contingency Cases

    Stephen Susman

    You can never completely eliminate risk in contingent-fee cases, but developing a solid case acceptance procedure, valid form fee agreements and practicing efficient case management can effectively reduce that risk and lead to results that make both attorney and client happy, says Stephen Susman of Susman Godfrey LLP.

  • 9 Concepts To Consider When Conducting Background Checks

    David C. Henderson

    A central theme of recent Equal Employment Opportunity Commission and Federal Trade Commission thinking on employee background checks is that employers still have wide latitude when conducting checks. Yet significant protections for job applicants and employees remain. There are also important restrictions on employers’ efforts to obtain and use background information, says David Henderson of Nutter McClennen & Fish LLP.

  • How Energy Cos. Should Prep For OSHA Inspections

    Martha B. Daniels

    Occupational Safety and Health Administration inspectors have the very broad authority to conduct sudden investigations without providing advance notice to employers. It is important for oil and gas professionals to be informed on how to anticipate, prepare for and handle these surprise inspections since health and safety violations can be very costly as recent investigations into several energy companies have shown, says Martha Daniels of King & Spalding LLP.

  • Drafting Customer Nonsolicitation Provisions In NY

    Lauri F. Rasnick

    A recent New York appeals court decision in TBA Global v. Proscenium Events stands as a reminder that New York courts continue to eye restrictive covenants through a critical lens. Employers should therefore not only be able to articulate the legitimate business reasons for a restrictive covenant, but consider reciting such reasons in the agreement, says Lauri Rasnick of Epstein Becker & Green PC.