Employment

  • October 15, 2014

    DC Circ. Rule Curbs Agency Flip-Flops, High Court Told

    The Mortgage Bankers Association told the nation's highest court that it should affirm a D.C. Circuit ruling that nixed the U.S. Department of Labor's 2010 reclassification of mortgage loan officers as overtime-eligible because the appeals court's approach prevents “unseemly flip-flopping” by federal agencies.

  • October 15, 2014

    Nurses Rip Hospital's Ebola Actions, Prod White House

    The nation’s largest nurses union Wednesday released purported insider accounts of mismanagement at the Dallas hospital where one Ebola patient died and two nurses have become infected, urging the Obama administration to enact mandatory nationwide safeguards to avoid problems elsewhere.

  • October 15, 2014

    EEOC Calls Marijuana Rationale In ADA Case A Smokescreen

    The U.S. Equal Opportunity Commission urged a Michigan federal court Tuesday to reject an assisted living facility company's bid for sanctions in an Americans with Disabilities Act suit, calling the company's argument that it let an epileptic would-be worker go for using medical marijuana a smokescreen.

  • October 15, 2014

    WaMu Trust Says Ex-Execs' 'Reckless' Transfer Wasted $500M

    Washington Mutual Inc.'s liquidating trust asked a Delaware bankruptcy court on Wednesday to strike claims by execs it says mishandled Washington Mutual Bank's finances — contentions bolstered in a suit the trust filed Tuesday in Washington court slamming a "reckless" $500 million transfer to WMB.

  • October 15, 2014

    Teamsters Condemn 'Failed' Cross-Border Trucking Program

    The International Brotherhood of Teamsters on Tuesday slammed a U.S. Department of Transportation program intended to give Mexican truck drivers access to the U.S., calling the program a "failure" and saying the program data gathered by DOT was "worthless." 

  • October 15, 2014

    Contractors Say Executive Order Contradicts Labor Laws

    The Professional Services Council on Tuesday pushed back against President Barack Obama's “Fair Pay and Safe Workplaces” executive order, saying its handling of contractor labor violations conflicts with existing state and federal law.

  • October 15, 2014

    Pa. Court Can't Dodge Age Discrimination Claims

    A Pennsylvania federal judge Wednesday refused to toss an age discrimination lawsuit by the U.S. Equal Employment Opportunity Commission against the Allegheny County Court of Common Pleas, saying it was not barred by constitutional immunity under the Eleventh Amendment.

  • October 15, 2014

    9th Circ. Clears Way For Same-Sex Couples To Marry In Idaho

    A Ninth Circuit ruling that took effect Wednesday cleared a path for same-sex couples to marry in Idaho, a little more than a week after the appeals court found the state's ban on same-sex marriage unconstitutional.

  • October 15, 2014

    Northrop Fights Gov't Intervention In ERISA Suit

    Northrop Grumman Corp. pushed a California federal judge Tuesday to refuse the U.S. Department of Labor's attempt to intervene in a long-running putative class action accusing the defense contractor of charging unreasonable fees and expenses to its employees' 401(k) plans, saying the request is untimely and overly burdensome.

  • October 15, 2014

    Oracle Hit With Anti-Poach Suit Over Deal With Google

    Oracle Corp., Google Inc. and others illegally agreed not to poach each other’s managers, a former Oracle employee said Tuesday in a putative class action filed in California against his former company, citing a document from engineers’ antitrust suit against Google, Apple Inc. and other tech giants.

  • October 15, 2014

    Jackson Lewis Adds 3 Labor Attys From Lewis Brisbois

    Jackson Lewis PC has added three attorneys formerly of Lewis Brisbois Bisgaard & Smith LLP's labor and employment group who specialize in discrimination and harassment, among other areas, to work out of Jackson Lewis' San Francisco office.

  • October 15, 2014

    Conciliation Already OK'd In JBS Religion Suit, EEOC Says

    A Nebraska federal court overseeing a U.S. Equal Employment Opportunity Commission lawsuit that accused JBS USA LLC of failing to accommodate Muslim workers' prayer requests already ruled that the agency efforts to conciliate before suing the meat packager were adequate, the EEOC said Tuesday.

  • October 15, 2014

    FINRA Fines Research Analyst Over Tweet Conflicts

    An analyst who tweeted opinions about securities without mentioning he owned them was punished Tuesday by the Financial Industry Regulatory Authority, which said the lack of disclosures and evidence attending the 140-character communiques broke multiple rules.

  • October 15, 2014

    J. Crew Accused Of Shortchanging Workers In New Suit

    J. Crew Group Inc. is facing accusations that it systematically refuses to shell out for overtime work or meal breaks for workers at its California stores, according to a putative class action filed in California state court on Tuesday.

  • October 15, 2014

    Morgan & Morgan, Investigator Settle Overtime Pay Dispute

    Florida-based personal injury law firm Morgan & Morgan PA has reached a settlement meant to resolve a former field investigator's allegations that he was not properly paid overtime, according to a Wednesday filing in Florida federal court.

  • October 14, 2014

    Strike Wouldn't Stop Icahn's Trump Resorts Rescue, Atty Says

    An attorney for Trump Entertainment Resorts Inc.'s main lenders, companies controlled by Carl Icahn, told a Delaware bankruptcy judge Tuesday that the billionaire investor intends to go through with a proposed rescue plan even if the casino operator's union strikes, but that promise came with several conditions.

  • October 14, 2014

    Engineers Fight 9th Circ. Review of $325M Anti-Poach Deal

    Software engineers who have accused Google Inc., Apple Inc., Intel Corp. and Adobe Systems Inc. of illegally agreeing to not poach employees asked the Ninth Circuit not to force a California federal judge to approve a proposed $324.5 million class action settlement, arguing that the deal fell apart after it was initially rejected.

  • October 14, 2014

    Safety Violations Found In 1K Bangladesh Garment Factories

    A group of international unions and retailers, including H&M and Adidas, on Tuesday said it had recently completed investigations into all 1,106 of the garment factories in Bangladesh as part of an initiative to improve working conditions in the country — and found safety violations in every single facility.

  • October 14, 2014

    High Court Leaves Ill. Worker Classification Law Intact

    The U.S. Supreme Court on Tuesday declined to consider a roofing company's challenge to an Illinois state law that restricts construction businesses from classifying most workers as independent contractors.

  • October 14, 2014

    High Court Nixes Minact's Deferred Compensation Tax Appeal

    The U.S. Supreme Court declined Tuesday to hear a case filed by a contractor to the U.S. Department of Labor contending that the Missouri state director of revenue wrongly counted a trust created for a deferred compensation plan as business income.

Expert Analysis

  • NLRB's 'Joint Employer' Test Will Rewrite Labor Law

    Matthew D. Austin

    The National Labor Relations Board's changing of the legal definition of joint employer with respect to franchisees and franchisors is just one small part of the board's larger goal — intentionally erasing the line between legal entities in most industries, says Matthew Austin of Roetzel & Andress.

  • The State Of America's Home Health Care Workers In 2014

    Joseph A. Carello

    The U.S. Department of Labor's narrowing of Fair Labor Standards Act exemptions for home health care workers will likely have a significant economic impact not only on home care agencies and their workers, but also on consumers and government agencies at the local, state and federal levels that provide funding for home care work, says Joseph Carello of Nixon Peabody LLP.

  • Apple Class Certification Will Affect All Tech Companies

    Ian C. Schaefer

    The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.

  • White House Continues Push For Contractor Labor Rules

    Susan Cassidy

    Two recent executive orders impose significant compliance burdens on contractors. The duty to self-report labor violations is likely to present attractive grounds for bid protests. It also could spur additional litigation from workers who become aware of violations for the first time as a result of these disclosures, say attorneys with Covington & Burling LLP.

  • Differing, Changing Pleading Standards For FCA Suits

    Jonathan Feld

    Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.

  • Texas High Court Stays Course On Restrictive Covenants

    David M. Gregory

    The Supreme Court of Texas' decision in Drennen v. Exxon Mobil Corp. approved an alternative approach for employers to garner periods of noncompetition from prior employees and continues the court’s recent trend toward broader enforcement of restrictive covenants, says David Gregory of Locke Lord LLP.

  • ACA Tax Subsidy Dispute May End Up Before High Court

    J. Peter Rich

    Given the political composition of the D.C. Circuit as it prepares to hear Halbig v. Burwell en banc, it is expected that the full court will rule in favor of the government, which may ultimately result in appeal to the U.S. Supreme Court, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Answering Your Questions On NJ's 'Ban-The-Box' Law

    Jill R. Cohen

    New Jersey employers should understand that the Opportunity to Compete Act that Gov. Chris Christie recently signed into law is more lenient than prior iterations — which would have prohibited employers from asking about criminal records until after a conditional offer of employment was made to an applicant, says Jill Cohen of Eckert Seamans Cherin & Mellott LLC.