Employment

  • April 25, 2016

    NLRB Nixes Hospital, Cruise Co.'s Arbitration Pacts

    The National Labor Relations Board again struck down mediation policies in employment contracts at a casino cruise company and a California hospital Friday, maintaining its recent stance against policies that limit employees to individual arbitration and keep them from bringing collective or class action claims.

  • April 25, 2016

    Security Co. Employees Seek Approval Of $2.1M Settlement

    Employees in class action litigation accusing security company Defenders Inc. of failing to pay them minimum and overtime wages on Monday asked a California federal court to preliminarily approve a $2.1 million settlement, saying that the terms of the deal are fair, adequate and reasonable.

  • April 25, 2016

    Pa. Transit Authority Ducks Worker's Retaliation Suit

    A Pennsylvania federal judge tossed a state transportation authority employee’s bias and retaliation lawsuit Monday, concluding that the worker hasn't shown “materially adverse” actions against her or connected the agency's conduct to discrimination complaints she filed.

  • April 25, 2016

    Texas Justices Asked To Define 'Imbecility' In Benefits Suit

    Amerisure Mutual Insurance Co. asked the Texas Supreme Court on Friday to step in and define the term “imbecility” to help settle its dispute with an injured man seeking workers’ compensation benefits for life, after an appeals court in February found a lower court’s definition too narrow.  

  • April 25, 2016

    NLRB Targets Hobby Lobby Handbook Rules

    Several of Hobby Lobby’s employee handbook rules violate labor laws, counsel for the National Labor Relations Board told an administrative law judge Friday, backing claims made by a religious rights group alleging the retailer is hampering employees’ right to organize. 

  • April 25, 2016

    Whistleblowers Drop FCA Suit Against Dallas Hospital

    Two former employees of a Dallas hospital who sued over their ouster, alleging they were fired for reporting flagrant False Claims Act violations, have reached a settlement and on Monday asked a Texas federal court to drop the case.

  • April 25, 2016

    Ex-Berkeley Law Dean Blasts 2nd Sex-Harassment Review

    The former dean of the University of California, Berkeley School of Law filed a letter of grievance with the university on Friday, claiming administrators violated his rights with a second disciplinary review against him amid the campus’ handling of sexual harassment cases.

  • April 25, 2016

    Private Colleges Ask Full DC Circ. To Eye New Loan Rule

    A group representing for-profit colleges has asked the full D.C. Circuit to review a decision scrapping a challenge to what it calls “one of the Department of Education’s most sweeping rules in decades” involving student loan eligibility, warning the court that they would deny college education to hundreds of thousands of students if it lets the ruling stand.

  • April 25, 2016

    PharMerica Seeks High Court Take On FCA 1st-To-File Bar

    PharMerica Corp. on Friday urged the U.S. Supreme Court to require the dismissal of False Claims Act suits that are filed when closely related complaints are pending, accusing the First Circuit of ignoring “unmistakably clear statutory language” on the law's first-to-file bar.

  • April 25, 2016

    Pa. High Court Says New Firm Not Bound By Nonpartner's Exit

    The Pennsylvania Supreme Court ruled Monday that a law firm that loses a nonpartner employee attorney cannot hold the lawyer’s new firm responsible for a previous contract with the departing attorney, reversing a lower court ruling.

  • April 25, 2016

    UK Retailer BHS Put In Administration As MPs Grill Ex-Owner

    U.K.-based retail chain British Home Stores said Monday that it has placed the company into administration as it seeks to sell the financially troubled business, prompting accusations from lawmakers that former owner Philip Green siphoned value from BHS and left it with a £571 million ($827 million) pension shortfall.

  • April 25, 2016

    VW To Appeal NLRB Approval Of Union At Tenn. Plant

    Volkswagen said Monday it’s headed to appellate court over the National Labor Relations Board’s refusal to prevent a small group of plant workers in Tennessee from unionizing through the United Auto Workers, saying the decision deprives all plant workers of a vote on union representation.

  • April 25, 2016

    Union Unlawfully Backtracked On CBA, NLRB Judge Says

    A National Labor Relations Board judge held Friday that a union affiliated with the AFL-CIO violated federal labor law by refusing to officially sign a collective bargaining contract it negotiated with an industrial products manufacturer after a dispute regarding whether a training program was fraudulently included.

  • April 25, 2016

    DOL Cracks Down On Coal Cos. With Black Lung Benefits Rule

    The U.S. Department of Labor on Tuesday is publishing a final rule that provides coal miners more access to their medical information and requires coal companies to start paying for court-ordered black lung benefits before they challenge those benefits.

  • April 25, 2016

    High Court Won't Review Bid For Atty Fees In Age-Bias Suit

    The U.S. Supreme Court denied review on Monday of a laid-off Bell Helicopter sales manager's bid for reinstatement of $340,000 in attorneys' fees in an age bias suit, keeping in place a Fifth Circuit decision erasing the award.

  • April 25, 2016

    Cardio Clinic Wants IRS To Adjust For Embezzlement Fallout

    An Arkansas cardiology clinic is fighting the IRS’ decision to bring a collection action over unpaid payroll taxes for the year 2014, saying the agency ignored that the business’ bookkeepers had embezzled funds and left a disaster of missing documents and tax liabilities in their wake.

  • April 25, 2016

    Provisions To Cut EEOC Bias Case Backlog Advance In Senate

    The Senate Appropriations Committee has advanced two provisions floated by Sen. Lamar Alexander, R-Tenn., that would require the U.S. Equal Employment Opportunity Commission to direct funds toward cutting a “massive” backlog of workplace discrimination complaints instead of pursuing other priorities. 

  • April 25, 2016

    Ex-Davis Polk & Skadden Duo Joins Groom Law Group

    Washington, D.C.-based Groom Law Group has bolstered its fiduciary responsibility group with the addition of a former Davis Polk & Wardwell LLP attorney and a Skadden Arps Slate Meagher & Flom LLP attorney, both of whom have extensive experience with the fiduciary responsibility provisions of the Employee Retirement Income Security Act.

  • April 25, 2016

    2nd Circ. Revives Tom Brady Suspension In Deflategate Appeal

    The Second Circuit on Monday reinstated New England Patriots star quarterback Tom Brady's four-game suspension for his alleged role in the Deflategate scandal, overturning a lower court decision and handing the NFL and its commissioner Roger Goodell a major victory in the much-publicized battle with Brady and the player's union.

  • April 22, 2016

    Kodak Inks $9.7M Deal To Exit Stock-Drop ERISA Suit

    Eastman Kodak Co. has reached a $9.7 million settlement with a proposed class of employees suing former top executives of the once camera-and-film giant for allowing "imprudent" retirement investments in company stock even as Kodak teetered toward bankruptcy, according to a Friday motion in New York federal court.

Expert Analysis

  • 7 Lessons I Learned As A Trial Lawyer On Jury Duty

    Dawn Reddy Solowey

    As a trial lawyer, I never expected I'd have the chance to see a jury trial from the juror’s point of view. Yet to my surprise, I was recently empaneled as one of 14 jurors on a nine-day state court civil trial, and it was a revelatory experience, says Dawn Reddy Solowey, senior counsel at Seyfarth Shaw LLP.

  • The High Court's Preemption Tango And The Future Of ERISA

     Patrick C. DiCarlo

    Gobeille v. Liberty Mutual Insurance provides an interesting illustration of the elaborate dance the U.S. Supreme Court must engage in when determining the scope of Employee Retirement Income Security Act preemption, and it's possible that the majority opinion in Gobeille is helping to turn the tide back toward strengthening it, say Patrick DiCarlo and Beth Vaughan at Alston & Bird LLP.

  • Background Check Challenges For Home Health Care Agencies

    Denise Merna Dadika

    Selecting qualified, trustworthy individuals to provide unsupervised patient care is one of the biggest obstacles facing the home health care industry. And while conducting criminal background checks can be helpful to the process, it also poses risks, meaning agencies must carefully navigate the various federal, state and local laws, as well as regulatory guidance, says Denise Merna Dadika at Epstein Becker & Green PC.

  • Better 'Prompt' Than Never: Calif. Subcontractor Payments

    Matthew A. Richards

    A recent California court of appeal decision, Blois Construction Inc. v. FCI/Fluor/Parsons, reveals that — especially in the context of a public works project — “prompt payment” may not always be as swift as subcontractors might hope, say Matthew Richards and Stacy Boven at Nixon Peabody LLP.

  • Assessing Labor Issues In Deals With Health Care Facilities

    Michael F. McGahan

    Because labor relations issues can have long-standing effects on future operations and significant financial implications both in the present and well into the future, entities entering into transactions involving health care facilities should perform a due diligence review to help limit the risk of post-transaction labor surprises, say Michael McGahan and Jonathan Hoerner at Epstein Becker & Green PC.

  • When Employee Ranking Systems Become A Legal Liability

    Charles H. Wilson

    In their zeal to maximize employee performance, employers should remember that forced employee ranking systems present potential dangers. Perhaps, for example, Yahoo President and CEO Melissa Mayer had to learn the hard way that a productive exercise in evaluative house-cleaning can easily cross over to unlawful discrimination, say Charles Wilson and Leila Clewis at Cozen O'Connor PC.

  • Quiz: How Well Do You Know Global Employment Law?

    Robert Forsyth

    Robert Forsyth and Ute Krudewagen at DLA Piper LLP celebrated April Fool's Day by putting together a quiz to highlight a few of the more unusual and, in some cases, amusing employment laws that actually exist around the world. Put your knowledge to the test and find out where you fall on the spectrum of world employment law expertise.

  • Prevailing-Wage Takeaways From Circle C

    Shlomo D. Katz

    The decade-long Davis-Bacon Act and False Claims Act odyssey of government contractor Circle C Construction may finally be winding down after the company's recent upset victory at the Sixth Circuit. For other contractors, however, the legacy of the Circle C litigation is a cautionary tale about prevailing wage laws and managing subcontractors, say Shlomo Katz and Kenneth Weckstein of Brown Rudnick LLP.

  • Restaurants Can't Fire Employees For Denigrating The Food

    Michael Starr

    The Eighth Circuit's recent decision in MikLin Enterprises Inc. v. National Labor Relations Board brings under the ambit of federally protected worker rights the public disparagement of an employer's business or products, making that a legitimate tactic that employees can use to advance their side of a labor dispute, say Michael Starr and Katherine Marques at Holland & Knight LLP.

  • Ex-Koch Foods Workers Case Underscores U-Visa Obstacles

    Karen-Lee Pollak

    Although U-visas — nonimmigrant visas available to undocumented victims of crimes — were introduced in 2000, certification to obtain one still poses many challenges, and developments in a Fifth Circuit case involving ex-Koch Foods workers raise pertinent questions regarding the continued viability of these types of visas for crime victims, says Karen-Lee Pollak, a partner at Bell Nunnally & Martin LLP.