Employment RSS

  • April 10, 2014

    Tort Win Falls Outside Workers' Comp Cap, Fla. Justices Hear

    The family of a landscaping employee killed on the job asked the Florida Supreme Court on Thursday to let them collect a $9.5 million judgment from his employer's insurer, calling it a tort judgment that fell outside of a workers' compensation cap in the policy.

  • April 10, 2014

    Chamber Backs Freeman In EEOC Race, Gender Bias Suit

    The U.S. Chamber of Commerce backed event services company Freeman Wednesday in a Fourth Circuit fight with the U.S. Equal Employment Opportunity Commission, arguing that the agency's race and gender bias suit over background checks on would-be Freeman employees was rightly tossed.

  • April 10, 2014

    Unpaid Intern Wage Battle Heats Up In 2nd Circ.

    The Second Circuit heard from the U.S. Chamber of Commerce and business groups Wednesday that said unpaid internships benefit both the interns and companies, while worker advocates asserted the opposite in a closely watched pair of cases over whether interns qualify as employees under wage-and-hour law.

  • April 10, 2014

    8th Circ. Affirms Cisco Whistleblowers' $8.1M Award

    The Eighth Circuit on Thursday affirmed an $8.1 million award to two whistleblowers who helped bring a defective pricing and kickback suit against Cisco Systems Inc. and one of its distributors, saying the relators were entitled to a “finders fee” for being original sources of information.

  • April 10, 2014

    Calif. Masonry Companies To Pay $1.9M To Settle FCA Claims

    Five California masonry companies and two individuals have agreed to pay $1.9 million to settle False Claims Act allegations they misrepresented themselves as “disadvantaged” in order to perform work on a pair of U.S. military bases, the U.S. Department of Justice said Thursday.

  • April 10, 2014

    Ex-DLA Piper, Seyfarth Shaw Attys Launch Litigation Boutique

    Two attorneys formerly with DLA Piper and Seyfarth Shaw LLP have departed from their BigLaw roots to launch California-based Medina McKelvey LLP, a civil litigation boutique that will focus much of its energy on defending management-side clients in labor and employment cases.

  • April 9, 2014

    Revstone Unsecured Creditors Want PBGC Off Committee

    Unsecured creditors in auto parts conglomerate Revstone Industries LLC's case told the Delaware bankruptcy court Wednesday that they want the Pension Benefit Guaranty Corp. kicked off the creditors committee over a settlement the agency struck with the debtor to resolve $95 million in pension-related claims.

  • April 9, 2014

    Fla. Court Says State Fee Law Conflicts With Maritime Law

    A Florida appeals court on Wednesday reversed a previous affirmation of an attorneys' fee award in an injured seaman's negligence suit against Royal Caribbean Cruises Ltd., deciding in an en banc opinion that Florida's offer of judgment statute conflicts with federal maritime law requiring that parties pay their own fees.

  • April 9, 2014

    EEOC's Background Check Push Now On Shaky Ground

    The Sixth Circuit's decision Wednesday nixing the U.S. Equal Employment Opportunity Commission's race bias suit over Kaplan Inc.'s use of credit checks in hiring delivered a major setback to the agency, highlighting problems the EEOC will continue to face in trying to bring large-scale cases over employer background check policies, attorneys say.

  • April 9, 2014

    Evans Jury Biased By 'White People' Remark, 9th Circ. Told

    A nonprofit and five Washington state bar associations on Monday urged the Ninth Circuit to grant a new trial in a sexual harassment suit against Evans Fruit Co., saying the defense counsel's reference to the white racial identity of the company's owners may have biased the all-white jury against the plaintiffs.

  • April 9, 2014

    Ex-Gold Buyer CEO Must Pay $12M In OT Suit, Judge Says

    The former CEO of defunct gold-buying company THR & Associates Inc. has been hit with a $12.2 million default judgment in a collective action accusing him of failing to pay overtime to his employees, an Illinois federal judge ruled Tuesday.

  • April 9, 2014

    Northwestern Calls For Overturn Of Football Union Ruling

    Northwestern University said on Wednesday it asked the full National Labor Relations Board to review a precedential decision to allow scholarship-receiving football players to unionize, saying the ruling ignored key evidence in the school’s favor.

  • April 9, 2014

    Fed. Circ. Revives OPM Worker's Settlement Breach Suit

    The Federal Circuit ruled Wednesday that Merit Systems Protection Board settlements can be enforced in federal court, resuscitating a former U.S. Office of Personnel Management investigator’s suit alleging OPM officials blabbed about his firing in violation of a confidentiality agreement.

  • April 9, 2014

    AutoNation Workers' Wage Suit Forced Into Arbitration

    A California federal judge on Tuesday approved car dealership owner AutoNation Inc.’s request to force arbitration with a putative class of service technicians, ruling that the plaintiffs had not shown AutoNation’s arbitration agreements were unconscionable enough to warrant their invalidation.

  • April 9, 2014

    EU Proposes 'Say-On-Pay' Law, Improved Shareholder Rights

    The European Commission on Wednesday proposed a package of measures to end shareholder “short-termism” by introducing a “say-on-pay” policy, improving corporate governance reporting and standardizing requirements for the creation of single-shareholder companies.

  • April 9, 2014

    Harrah's Poor Hiring Practices Led To Assault, Atty Says

    An attorney for the victim of an alleged assault by security officers at Atlantic City, N.J.’s Harrah’s Resort and Casino said Monday that the casino’s increasingly lax hiring, training and background-screening practices are to blame for what happened to his client.

  • April 9, 2014

    Eatery Used Worker Alter Egos To Avoid OT, ACA, Suit Says

    Fast food franchisee Sun Holdings LLC was hit with a putative collective action in Florida federal court Tuesday by a former Golden Corral worker who says he had to work under an alter ego so managers could avoid paying overtime and complying with the Affordable Care Act.

  • April 9, 2014

    NY Court Won't Revive NBA Official's Discrimination Claims

    The security director for the National Basketball Association cannot bring New York state law claims against a coach who allegedly requested her removal from a top security post at the 2012 Olympics after she rebuffed his sexual advances, a New York state appeals court ruled Tuesday.

  • April 9, 2014

    Ill. Pols Strip Tax Language To Overhaul Public Pensions

    Illinois state lawmakers on Tuesday passed a bill that would completely overhaul two public employee pension funds in the state, but only after a late amendment to the bill stripped all mention of a proposed property tax increase to pay for the pension changes.

  • April 9, 2014

    GOP Senators Block Paycheck Fairness Bill

    The U.S. Senate on Wednesday failed to advance a bill to provide additional measures to counter sex discrimination in the workplace, amid universal Republican opposition to the legislation and claims the bill was a political stunt.

Expert Analysis

  • 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.

  • Pro Bono May Be Collateral Damage Of Blocking DOJ Nominee

    Heidi Naasko

    We do not argue here whether Debo Adegbile was qualified to head the U.S. Department of Justice Civil Rights Division, but we have serious concerns about the message sent by the Senate's vote to reject his nomination. Lawyers who volunteer to represent unpopular clients should not have to worry about the detrimental effect their service may have on other opportunities to serve their country, say Heidi Naasko and Steven Schulman of the Association of Pro Bono Counsel and Derek Whitefield of Dykema Gossett PLLC.

  • Supreme Court Vs. 5th Circ. Over Whistleblower Statutes

    Clark Smith

    Lawson, Asadi and Villanueva constitute major developments in the reach of federal whistleblower statutes in the Sarbanes-Oxley and Dodd-Frank Act. While the U.S. Supreme Court's ruling in Lawson significantly expands the kinds of companies subject to SOX’s whistleblower provisions, Asadi and Villanueva show, in the Fifth Circuit at least, that there are limits on employee protections, says Clark Smith of Seyfarth Shaw LLP.

  • A Glimpse Of Miss. Case Law On Trade Secrets And CFAA

    Jason Bush

    With courts split about how broadly to apply the Consumer Fraud and Abuse Act, it is important to know the law in your jurisdiction. New South Equipment Mats LLC v. Keener is one of few published opinions from courts in Mississippi construing issues under CFAA or preemption of claims under the state's Uniform Trade Secrets Act, say Jason Bush and David Gevertz of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • How To Avoid Labor Relations Headaches With ACOs

    Ellen S. Gross

    Accountable care organizations offer the promise of shared savings when they deliver high-quality health care more cost-effectively. However, for the employer with a unionized workforce, the promise of ACOs will wither if the employer is unable to implement necessary operating changes, and for nonunion employers, they may create new vulnerability to union organizing, says Ellen Gross of Baker & Hostetler LLP.

  • 8 Lessons From Halifax's $85 Million Settlement

    Thomas S. Schroeder

    While Halifax Hospital Medical Center recently agreed to pay $85 million to settle Stark Law and False Claims Act violations alleged by a whistleblower and the federal government, virtually every aspect of this portion of the case provides an invaluable lesson for hospitals serving Medicare or Medicaid patients on issues such as the bona fide employee exception, say Thomas Schroeder and Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • EEOC Looks To Limit Severance Agreements With Litigation

    A. John Harper III

    The U.S. Equal Employment Opportunity Commission is attacking common confidentiality, nondisparagement and release provisions in severance agreements — the commission apparently believes the carve-outs are insufficient because other language would dissuade employees from pursuing their rights. This position ignores employer concerns about protecting confidential information, goodwill in the marketplace and avoiding litigation costs, say John Harper and Lauren Munselle of Haynes and Boone LLP.

  • Law Firms Of The Future Will Be The Lawyers Of The Past

    John Hellerman

    In all of our talk about the future practice of law, have we been as bold in our imaginings as Spike Jonze in his Academy Award-winning film "Her"? After all, it is a far more realistic possibility that software will replace lawyers than software will replace our romantic partners, says John Hellerman of Hellerman Baretz Communications.

  • Obama's Overtime Eligibility Expansion Will Be Costly

    Joel S. Barras

    President Obama’s executive order on March 13 to update overtime regulations to the Fair Labor Standards Act will likely lead to millions of currently exempt, white-collar employees being reclassified as nonexempt and eligible for overtime pay. Unfortunately, any regulatory changes will not resolve the more overarching problem with the underlying FLSA legislation, say Joel Barras and Amanda Haverstick of Reed Smith LLP.

  • Think Before You Blog: 8 Considerations For Attorneys

    Anne-Marie Mitchell

    Today, legal blogs are considered a must-have for law firms, but lawyers need to remain mindful of their ethical duties in this context. Whether you are a seasoned blogger or just thinking of starting a blog, consider eight ethical questions before you post, says Anne-Marie Mitchell of Stone Pigman Walther Wittmann LLC.