Employment

  • December 11, 2014

    NLRB Email Ruling Presents A Quandary For Employers

    The National Labor Relations Board's long-awaited holding Thursday that workers have a right to use their employers' email systems for union organizing purposes presents management with a quandary on how to proceed, with some attorneys advising a rethinking of employee email use policies and others taking a wait-and-see approach in anticipation of a legal challenge.

  • December 11, 2014

    Employment MVP: King & Spalding's Michael Johnston

    Longtime King & Spalding litigator Michael W. Johnston represented Bass Pro Outdoor World LLC in a high-profile discrimination case brought by the Equal Employment Opportunity Commission and wrapped up work in an influential retaliation suit against University of Texas Southwestern, earning himself a spot among Law360's Employment MVPs.

  • December 11, 2014

    Ex-Siemens Worker Claims Retaliation Over Contract Concerns

    Siemens USA's industrial services arm has been hit with a whistleblower retaliation suit in New Jersey Superior Court, with a former associate accusing the company of firing him for questioning the allegedly improper terms of a lucrative contract with New York's Office of General Services.

  • December 11, 2014

    ACLU, Religious Groups Back EEOC in Abercrombie Hijab Suit

    The American Civil Liberties Union along with several religious rights groups on Wednesday put their support behind the U.S. Supreme Court appeal by U.S. Equal Employment Opportunity Commission over Abercrombie & Fitch Stores Inc.'s refusal to hire a Muslim woman who wore a headscarf to an interview.

  • December 11, 2014

    Lawyers Weigh In On NLRB Employer Email Ruling

    The National Labor Relations Board on Thursday held that workers have a right to use their employers' email systems for non-business purposes including communicating about union organizing. Here, attorneys tell Law360 why the decision in Purple Communications Inc. is significant.

  • December 11, 2014

    Atty Who Drank At Office Denied Unemployment Benefits

    A New Jersey appeals court on Wednesday refused to allow an attorney fired by consumer bankruptcy firm Jenkins & Clayman for allegedly drinking on the job to collect unemployment benefits, ruling that she was blocked from doing so because of severe workplace misconduct.

  • December 11, 2014

    Trump Resorts CEO Says Union Killed Deal To Save Casino

    The CEO of bankrupt Trump Entertainment Resorts Inc. claimed Thursday that the union representing workers at the Taj Mahal backed out of what he thought was a deal to keep the casino open, and said the gaming property could close unless Unite Here Local 54 changes its mind by Monday.

  • December 11, 2014

    Pa. High Court To Clarify Noncompete Restrictions

    The Pennsylvania Supreme Court said Thursday that it would hear an employer’s appeal of a lower court ruling preventing the use of a disclaimer in a contract to allow it to impose a noncompete clause on an existing employee even without providing added benefits.

  • December 11, 2014

    DQ’d ‘Top Model’ Contestant Hits Tyra Banks With $4M Suit

    “America’s Next Top Model” contestant Angelea Preston on Wednesday slapped Tyra Banks and the show’s producers with a $4 million breach-of-contract and wage-and-hour suit in a California court, saying they denied her promised modeling jobs and failed to pay minimum wage and overtime to contestants.

  • December 11, 2014

    3rd Circ. Questions NLRB Ruling Upending Engineer's Firing

    A Third Circuit panel on Wednesday questioned a National Labor Relations Board ruling which found a former engineer with the information technology firm MCPc Inc. had been engaged in a protected, concerted activity when he mentioned a company executive's salary during an informal meeting with several co-workers and a superior.

  • December 11, 2014

    Education Corp. Fails To Flunk Whistleblower FCA Suit

    An Alabama federal court on Wednesday rejected Education Corp. of America and Virginia College’s bid to dismiss former instructors' allegations they violated the False Claims Act by falsifying grades and attendance to get federal grants.

  • December 11, 2014

    Miller Canfield Counsels Detroit In Closing $1.28B Bonds

    Detroit closed sales on four bond issues totaling $1.28 billion Wednesday, aimed at shoring up city finances and resolving outstanding legal issues as it emerged from an historic municipal bankruptcy, the city’s bond counsel said.

  • December 11, 2014

    NLRB Reverses Precedent In Employer Email Case

    A divided National Labor Relations Board held Thursday that workers have a right to use their employers' email systems for nonbusiness purposes, including communicating about union organizing, overruling the labor board's 2007 Register Guard ruling and calling it "clearly incorrect." 

  • December 10, 2014

    NJ Pension Funds Sue Christie's Office Over $2.4B Cuts

    Trustees of three New Jersey pension systems announced Wednesday that they'd filed another lawsuit alleging that Gov. Chris Christie broke state pension law when he diverted $2.4 billion intended for state workers' pensions.

  • December 10, 2014

    Judge Denies Franklin Bid To Reduce Stockton Retiree Claims

    A California bankruptcy judge on Wednesday rebuffed Franklin Templeton Investments' request to trim retiree health benefit claims under the city of Stockton's Chapter 9 plan by more than $280 million, a move that would have slightly boosted the investment firm's recovery.

  • December 10, 2014

    Wal-Mart's Calif. Dress Code Illegal, NLRB Judge Rules

    An administrative law judge for the National Labor Relations Board on Tuesday ruled Wal-Mart Stores Inc. violated federal labor law by maintaining "overbroad" dress code policies in California that hampered workers’ right to wear union logos, and ordered the retail giant to rescind them.

  • December 10, 2014

    KBR Escapes Whistleblower's Iraq Billing Suit

    A D.C. federal judge granted KBR Inc.’s motion for reconsideration and summary judgment on Wednesday when he dismissed an employee whistleblower suit accusing the company of overbilling the U.S. government for services in Iraq.

  • December 10, 2014

    Suit Says Philly Firm Billed Trusts To Rep Scammer

    Montgomery McCracken Walker & Rhoads LLP was hit Wednesday in Pennsylvania federal court with a proposed class action brought by benefit plan beneficiaries who say they were defrauded and claim that the firm billed trusts that held plan assets in order to represent an embezzler of funds.

  • December 10, 2014

    Ex-Goldman Coder's Effort To Reargue Home Search Denied

    A New York judge said Wednesday that ex-Goldman Sachs Group Inc. computer programmer Sergey Aleynikov doesn't deserve “a third bite at the apple” and denied a motion to reargue a ruling over a search of his home in a criminal suit for theft of high-frequency-trading computer code, setting the stage for a coming trial.

  • December 10, 2014

    Fla. Med Mal Plaintiff Can't Access Doc's Communications

    A Florida appeals court on Wednesday refused to take up the appeal of a woman suing the University of Miami for medical malpractice who wants access to ex parte communications between the university's attorneys and the university-affiliated doctor who treated her after her alleged botched surgery.

Expert Analysis

  • Factors PE Firms Must Consider To Avoid WARN Act Liability

    Brad Eric Scheler

    The District of Delaware’s recent decision in a case involving Sun Capital Partners Inc. is an important reminder to private equity firms that in order to minimize the risk of single-employer liability under the Worker Adjustment and Retraining Notification Act, it is crucial to keep in mind the five factors set out by the U.S. Department of Labor, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Does Dodd-Frank Protect Foreign Whistleblowers?

    Matthew K. Edling

    In Liu v. Siemens, the Second Circuit upheld a ruling from the Southern District of New York, concluding that Congress did not envision the Dodd-Frank Act protecting foreign whistleblowers. Neither Liu court, however, attempted to reconcile this conclusion with the fact that Dodd-Frank governs violations of the Foreign Corrupt Practices Act — a definitively extraterritorial law, say Matthew Edling and Ben Fuchs of Cotchett Pitre & McCarthy LLP.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • How Hotels Can Protect Their Proprietary Information

    David Tryon

    Storing customer contact information on the “cloud” and employees’ personal devices potentially renders the information unprotectable, unless you have clear, written policies on data usage on those devices and on social media. However, there is a better approach, says David Tryon of Porter Wright Morris & Arthur LLP.

  • Updating Our Understanding Of The FMLA: Part 2

    Linda Dwoskin

    While the Family Medical Leave Act allows an employer to require various medical certifications to support an employee’s request for leave — or return from that leave — understanding what documents may be required and what an employer may do with those it finds insufficient or incorrect is critical to avoiding FMLA liability, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Updating Our Understanding Of The FMLA: Part 1

    Linda Dwoskin

    The lesson from the Third Circuit's ruling in Lupyan v. Corinthian Colleges Inc. is that employers must ensure delivery of all legally required notices under the Family Medical Leave Act and retain proof of that delivery, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Home Companionship Industry Will Feel FLSA Exemption Fix

    Joseph W. Gagnon

    Rule changes from the U.S. Department of Labor affecting the companionship exemption in the Fair Labor Standards Act will make determining what constitutes a primary benefit, as opposed to a tangential or incidental benefit to other members of the household, fact-intensive and will likely be a future source of litigation, says Joseph Gagnon of Fisher & Phillips LLP.

  • FCA Case Will Likely Set Standard On ACA Overpayments

    Bill Mateja

    A New York federal court's ruling on the motion to dismiss that was just filed in the False Claims Act suit against Continuum Health Partners Inc. will most likely set forth some needed guidance as to what kind of factual scenario triggers the start date for the Affordable Care Act’s 60-day overpayment rule, say Bill Mateja and Mike Nammar of Fish & Richardson PC.