Employment

June 29, 2010
Cos. Scramble To Prepare For Say-On-Pay Rules

U.S. companies are racing to identify and address concerns in their executive compensation practices in anticipation of pending financial regulatory reform legislation's new say-on-pay rules, according to a new survey.
June 17, 2010
Employers Slow To Set Social Media Rules: Survey

Despite the growing prevalence of social media in the U.S. workplace, only about half of all employers have implemented a policy governing its use, according to a survey of corporate counsel conducted by Jackson Lewis LLP.
June 14, 2010
Courts Favor Employers On Prudence In ESOP Suits

A 20-year study of litigation involving employee stock ownership and 401(k) plans has found that courts generally side with employers when it comes to granting a presumption of prudence in holding company stock.
June 10, 2010
Workers Face Uphill Battle In Bias Suits, Study Says

The American Bar Foundation has found that the lion's share of employment bias cases were filed by single plaintiffs and only 6 percent went to trial, describing class actions such as the sex bias mega-suit against Wal-Mart Stores Inc. as extremely rare.
April 16, 2010
ERISA Litigation On Rise Amid Recession Fallout

Employee Retirement Income Security Act litigation continues to be a growth area in the employment arena, with the continued fallout from the economic recession, the emergence of a new generation of retirees and the eagerness of the plaintiffs bar combining to generate an increase in federal ERISA filings in early 2010.
April 16, 2010
Bias Suits Rise, Spurred In Part By Stronger ADA

The continuing fallout from the recession, as well as changes to the law that made it easier to file suits, produced an increase in federal discrimination claims in the first quarter of 2010, with Americans with Disabilities Act suits in particular spiking on the heels of congressional amendments to the law.
April 7, 2010
500 Legal Sector Jobs Shed In March: BLS

The legal industry suffered a setback in March, with more than 500 legal workers losing their jobs last month, according to the U.S. Bureau of Labor Statistics' monthly jobs report.
January 26, 2010
In-House Counsel Name Favorite Litigators

Litigators named by corporate counsel in a new report for providing excellent client service all seem to share one trait: a profound knowledge of their clients' businesses and goals.
January 26, 2010
In-House Counsel Name Favorite Employment Lawyers

Corporate counsel have named 13 employment attorneys as top providers of client services, and the honorees say responsiveness is the key to standing out from the pack.
January 14, 2010
Expect More Employment Suits in 2010: Report

Companies are likely to face even more employment-related class actions and increased financial exposure from such claims in 2010, according to a litigation report by Seyfarth Shaw LLP released Thursday.
January 6, 2010
EEOC Sees Near-Record Number Of Bias Claims In '09

The number of workplace discrimination charges filed with the U.S. Equal Employment Opportunity Commission reached near-record highs in 2009, with the largest increases coming in disability and retaliation matters, the agency reported Wednesday.
January 4, 2010
Wage-And-Hour Suit Increase Picks Up Steam In '09

Rocky economic conditions spurred a rise in federal discrimination litigation and helped the explosive proliferation of wage-and-hour cases continue in 2009, which saw a sharp spike in the number of new Fair Labor Standards Act cases popping up on federal dockets.
December 4, 2009
Employment Attorneys Dominate At Epstein, Seyfarth

With about half of their attorneys devoted to employment work, EpsteinBeckerGreen PC and Seyfarth Shaw LLP have the heaviest concentrations of employment lawyers among firms with 100 or more lawyers, according to Law360's 2009 practice area survey.
December 4, 2009
Littler's Strength More Than Just Sheer Size

If an employer has a simple legal problem, you can bet the 750 attorneys at Littler Mendelson PC have seen it, and if the issue is complex, the specialty employment firm has the resources to handle it.
October 14, 2009
Employment Woes Keep Corp. Counsel Up At Night

For the sixth consecutive year, labor and employment disputes topped the list of legal worries for U.S. corporate counsel, according to Fulbright & Jaworski LLP's 2009 Litigation Trends Survey.
September 28, 2009
Labor & Employment Spending To Soar Again In '10

Corporate spending on labor and employment this year jumped a whopping 54 percent from 2008 and is expected by some in-house counsel to increase further in 2010 as companies face the ripple effects of recession cost-cutting measures, a new report by the BTI Consulting Group Inc. has found.
September 10, 2009
DOL, IRS Urged To Step Up Misclassification Scrutiny

The investigative agency of Congress is urging the U.S. Department of Labor and the Internal Revenue Service to bump up their efforts to probe the improper classification of workers as independent contractors instead of employees, and make more use of education and penalties to deter misclassification.
March 18, 2009
Employment Suits Dropped In 2008: Report

Employment lawsuit filings dropped 10 percent last year compared to 2007, with all major kinds of employment lawsuits except for Employee Retirement Income Security Act suits showing significant decline, according to a new report.
March 11, 2009
Number Of Subprime Suits ‘Historic’ At 576: Report

A record number of subprime-related lawsuits — in areas including securities, bankruptcy and employment — were filed in federal courts in 2008, doubling the number filed in 2007 and topping the total number of cases stemming from the savings-and-loan collapse in the early 1990s, a new report shows.
March 11, 2009
More Bias Charges Filed In FY08 Than Ever: EEOC

Workplace discrimination charge filings with the U.S. Equal Employment Opportunity Commission surged to an unprecedented level in the 2008 fiscal year, which saw a 15 percent spike compared to 2007, and the largest increases came in retaliation and age-based charges, the EEOC has reported.

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Expert Analysis

Know Your Codes Before Litigation Blows Up

A recent analysis of Occupational Safety and Health Administration data on boiler incidents at workplaces illustrates the need for manufacturers, designers and operators to be aware of applicable codes and standards. If litigation results from a catastrophic incident, any violations of applicable codes, standards and safety rules will be important evidence, says Jonathan Shoebotham of Thompson & Knight LLP.
US Airways V. McCutchen Spurs Revision Of ERISA Plans

The U.S. Supreme Court's recent decision in U.S. Airways v. McCutchen should guide the drafting and revising of Employee Retirement Income Security Act plans. Certainly, a plan should protect itself by granting itself reimbursement rights in the beneficiary’s full recovery against a third party, say attorneys with Edwards Wildman Palmer LLP.
Genesis V. Symczyk: A Win For Employers In The End

Even though the U.S. Supreme Court evaded resolving a particular circuit split in Genesis Healthcare Corp. v. Symczyk, the court did resolve another issue that should provide employers confidence in the proper disposition of Fair Labor Standards Act collective actions, say attorneys with Paul Hastings LLP.
Paying Your Employees While On Lockdown

The events that occurred following the Boston Marathon bombings have had a disruptive effect on businesses throughout the metro area, and employers may wonder about their obligations to pay employees for work that they performed or missed during the lockdown. In Massachusetts, these issues are particularly poignant, says Barry Miller of Seyfarth Shaw LLP.
9th Circ. Leaves Broughton-Cruz Hanging

The Ninth Circuit decision in Kilgore v. KeyBank NA leaves open the question of whether and to what extent California's Broughton-Cruz rule survives the U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion. It also suggests additional guidance to maximize enforcement of arbitration agreements and class action waivers, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
How To Navigate Federal Affirmative Action Compliance

The Office of Federal Contract Compliance Programs recently has increased the frequency and intensity of its affirmative action audits. It is essential that federal contractors and subcontractors be familiar with the 16 mandatory — and not-so-easy — steps for federal affirmative action compliance, and document all efforts to comply with them, says Christina Lewis of Hinckley Allen & Snyder LLP.
Don't Let Your Plaintiff Get Away In CEPA Cases

New Jersey's Conscientious Employee Protection Act is a powerful anti-retaliation statute, providing an array of significant remedies to an aggrieved party. However, as taken from Hitesman v. Bridgeway Inc., with great power comes great responsibility, including the important gatekeeping functions of trial courts in cases brought under the act, says Lawrence Del Rossi of Drinker Biddle & Reath LLP.
5 Arbitration Assumptions That Aren't Always True

Arbitration is often thought to be preferable to litigating in court, and in some circumstances, it may be. Deciding to arbitrate, however, should be the result of a careful analysis of the benefits and disadvantages. That analysis requires examining some common perceptions, say Frank Emory and Rita Davis of Hunton & Williams LLP.
Get The Latest Employment Updates — For Your Clients' Sake

The recent ruling by the California Court of Appeal in Harris v. Bingham McCutchen LLP highlights both employment law’s perpetual fluidity and the crucial importance of staying up to date on emerging issues and developments. Employers should note that using outdated or boilerplate language when drafting employment arbitration clauses may expose clients to significant risk, says Brian Lauter of Robins Kaplan Miller & Ciresi LLP.
No Mercy From IRS On Section 409A Compliance

Big Brother is paying attention to how you value your company’s stock for purposes of granting stock options, as evidenced by Sutardja v. United States, in which the U.S. Court of Federal Claims recently confirmed that Section 409A applies to discounted stock options. This case highlights the need to ensure that a determination of fair market value is defensible and complies with Section 409A, says Justin Stemple of Warner Norcross & Judd LLP.

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