Employment

  • June 27, 2014

    6th Circ. Revives Ky. Woman's Retaliation Claims

    The Sixth Circuit on Friday revived the retaliation claims of a Kentucky woman who said her boss fired her after she reported sexual harassment, reversing a lower court decision finding that she could not establish a causal link between the events.

  • June 27, 2014

    Canada High Court Says Wal-Mart Closure Violated Labor Law

    Canada's highest court ruled on Friday that Wal-Mart Stores Inc. violated Quebec labor law when it closed a store months after its employees successfully unionized, saying the closure violated a statute that prohibits a company from changing the working conditions of its employees without a valid business justification.

  • June 27, 2014

    Businessman Blasts Proposed 17 Years For DuPont IP Theft

    California businessman Walter Liew fired back at the government’s recommendation that he receive a stiff, 17-year sentence for allegedly trying to sell DuPont Co. trade secrets, saying in California federal court Thursday that prosecutors are on a character-assassination spree against him and that he wants a new trial.

  • June 27, 2014

    O'Quinn To Face Ironshore Silica Malpractice Coverage Suit

    A Texas federal judge said Wednesday that Ironshore Indemnity Inc. can pursue its effort to avoid covering John M. O’Quinn & Associates LLP in litigation accusing the law firm of mishandling and overcharging on occupational silica exposure suits, finding the firm failed to prove there is no actual controversy.

  • June 27, 2014

    Zimmerman Reed, Lockridge Botched FedEx Claims, Suit Says

    Zimmerman Reed PLLP and Lockridge Grindal Nauen PLLP were sued Friday over alleged errors they made representing FedEx Ground Package Systems Inc. contractors in sweeping multidistrict litigation over their classification status that resulted in workers being forced to settle claims for a fraction of their value.

  • June 27, 2014

    Detroit Signs Labor Deal With Largest Union

    Detroit’s largest union on Friday ratified a new labor contract with the city that will implement raises for members over the course of five years and provide the city with support of its proposed debt restructuring plan.

  • June 27, 2014

    Philly Archdiocese Loses Bid To Halt Contraceptive Mandate

    A Pennsylvania federal judge on Thursday denied a bid by the Archdiocese of Philadelphia to block the contraceptive coverage mandate of the Affordable Care Act, saying it hadn't shown the mandate violated its religious rights, a decision stayed by the Third Circuit on Friday.

  • June 27, 2014

    NJ Court Says Discrimination Laws Protect Divorcing Workers

    New Jersey’s appeals court on Friday said provisions in the state’s Law Against Discrimination that protect workers from discrimination based on marital status also apply to divorcing workers, reviving a worker’s suit alleging his employer fired him because of his pending divorce from a co-worker.

  • June 27, 2014

    Bosch Escapes Workers' Suit Over Wages, Tax Refunds

    A California federal judge on Thursday tossed a putative class action alleging that automotive parts supplier Robert Bosch GmbH’s American subsidiary underpaid workers it had transferred to the U.S. from India and improperly demanded that they repay tax refunds, ruling the suit didn't state certain claims.

  • June 27, 2014

    Lockheed Whistleblower Loses Bid To Revive $400M FCA Suit

    A California federal judge on Friday stymied attempts by a Lockheed Martin Co. whistleblower to revive his $400 million False Claims Act suit against the company, ruling that Lockheed’s allegedly “incendiary” remarks to the jury did not seriously contribute to the ex-employee’s loss in March.

  • June 27, 2014

    Womble Carlyle Beats EEOC Suit Over Fired Cancer Survivor

    Womble Carlyle Sandridge & Rice LLP on Thursday escaped a suit brought by the U.S. Equal Employment Opportunity Commission over the firm’s firing of an assistant who couldn't lift heavy items because of a cancer treatment-related disability, with a North Carolina federal judge finding the ex-employee was unable to perform essential functions of her job.

  • June 27, 2014

    6th Circ. Affirms Convictions For GM Trade Secrets Thieves

    The Sixth Circuit on Friday declined to overturn the convictions of a Michigan couple found to have copied thousands of sensitive General Motors Co. documents about the automaker’s hybrid cars and sold them to a competitor.

  • June 27, 2014

    How To Kick Away World Cup Problems In The Workplace

    As the World Cup rolls on in Brazil, many workers in the U.S. are itching to watch daytime games and trying to pick the winners in office pools. Employers, for their part, can capitalize on the soccer buzz by organizing intraoffice competitions or events to watch games, but attorneys say they should also be careful of employee betting and steer clear of making events mandatory.

  • June 26, 2014

    Ex-PWC Workers Win Class Cert. In ERISA Suit

    A New York federal judge on Thursday certified a class of thousands of former PricewaterhouseCoopers LLP employees who were paid a lump sum distribution of their benefits under PWC’s retirement benefit plan before age 65 but say they may have undistributed benefits because PWC's calculations didn't meet Employee Retirement Income Security Act standards.

  • June 26, 2014

    5 Big NLRB Cases Up For Review After Noel Canning

    The U.S. Supreme Court's decision Thursday invalidating three of President Barack Obama's recess appointments to the National Labor Relations Board appointments throws into question hundreds of board decisions. Here, Law360 takes a look at five of the most prominent NLRB cases affected by the high court's ruling.

  • June 26, 2014

    IRS Issues Final Rule On ACA Small Business Tax Credits

    The Internal Revenue Service has cemented a rule expanding eligibility for small business owners who provide health insurance for employees even when health plans under the Affordable Care Act's Small Business Health Options Program Exchange are not available, according to a notice scheduled to be published in Monday’s Federal Register.

  • June 26, 2014

    NJ 'Ban the Box' Bill Goes To Christie

    The New Jersey Legislature on Thursday gave final approval to the modified “ban the box” legislation that would prevent employers from asking job hopefuls up front about whether they have criminal records, sending the bill to Gov. Chris Christie's desk.

  • June 26, 2014

    Lawyers Weigh In On High Court's Recess Appointment Ruling

    The U.S. Supreme Court on Thursday struck down President Barack Obama's three recess appointments to the National Labor Relations Board, but took a broad view of the president's appointment power. Here, attorneys tell Law360 why the decision in National Labor Relations Board v. Noel Canning is significant.

  • June 26, 2014

    IRS Releases Final Rule On Indoor Tanning Excise Tax

    The Internal Revenue Service published final regulations Thursday that consolidate rules governing excise tax payments for indoor tanning salons that have individual owners with general employment tax withholding requirements for companies with individual owners.

  • June 26, 2014

    Surviving FCA Claims In Novartis Kickback Row To Stay Put

    A New York federal judge on Thursday refused to reconsider whether he should toss several state and reverse False Claims Act accusations against pharmacies that allegedly received kickbacks from Novartis Pharmaceuticals Corp. for pushing its drugs, criticizing the pharmacies for raising new arguments.

Expert Analysis

  • 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 ... (continued)

  • 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... (continued)

  • 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.

  • How Employers Should Prepare For ACA Whistleblower Claims

    Stephen H. Harris

    While enforcement activities under the Affordable Care Act have been minimal to date, now that Title I standards have largely gone into effect, whistleblower claims could become a real risk for employers. Moreover, that risk is significant because of the broad range of protected activity, the low burden of proof and the potential for serious liability, say attorneys at Paul Hastings LLP.