Employment

  • March 31, 2015

    Union Boss Wants Trade To Address Mexican Labor Climate

    The president of the Communications Workers of America on Monday implored the Obama administration to address Mexico's “systematic violations” of union rights through trade talks, bashing the country’s failure to crack down on dubious collective bargaining pacts and enforcement boards.

  • March 31, 2015

    KBR Wants FCA Suit Over ‘Excess’ War Zone Supplies Tossed

    Defense contractor KBR Inc. on Monday urged an Illinois federal judge to dismiss a False Claims Act suit brought by two ex-employees accusing it of buying excessive supplies that it stockpiled under a logistical support contract for Iraq and Afghanistan, saying the relators failed to detail any false claims.

  • March 31, 2015

    Obama Vetoes GOP Attack On NLRB's Union Election Rule

    President Barack Obama on Tuesday used the fourth veto of his presidency to block a Republican-backed Senate joint resolution that would have killed a new National Labor Relations Board rule allowing speedier union elections, saying that halting the rule would "block modest but overdue reforms" and harm private sector unionization efforts.

  • March 31, 2015

    Carnival Co. Bashes Worker Cert. Order In Visa, Wage Row

    A carnival company accused of underpaying employees and forcing them to pay visa expenses took issue with the workers’ proposed order for class certification Monday, saying their demands far exceed what was discussed in court.

  • March 31, 2015

    Ex-Merck VP Says Investors 'Overstate' Omnicare Impact

    Attorneys for a former Merck & Co. Inc. vice president accused of lying about study results on Vioxx's heart attack link told a New Jersey federal court Tuesday that, contrary to the investors' argument, the U.S. Supreme Court's recent Omnicare ruling actually supports his motion to dismiss the case.

  • March 31, 2015

    Navy Shipbuilder Slams Relators' Claims In FCA Row

    Defense contractor Austal USA Inc. urged an Alabama federal judge Monday to toss a whistleblower False Claims Act suit alleging it overbilled the government for higher salaries than it was paying, saying the allegations are vague and overly broad.

  • March 31, 2015

    Ex-Handler Atty Slams Orrick's Bid To Toss Firing Row

    An ex-Handler Thayer LLP attorney on Monday urged a New York federal judge to deny an Orrick Herrington & Sutcliffe LLP attorney’s bid to toss a suit claiming Orrick attorneys got him fired after he was sanctioned by the Second Circuit for trying to disqualify Orrick, arguing that his suit doesn’t violate court warnings.

  • March 31, 2015

    NLRB Orders New Union Vote at Caterpillar Warehouse

    A National Labor Relations Board panel on Monday affirmed a decision to order a new union election for employees at a Caterpillar Logistics Inc. warehouse in Clayton, Ohio, and further found that the company had given the impression it surveilled its employees’ union activities.

  • March 31, 2015

    NLRB Orders Reinstatement Of Undocumented Bakery Workers

    The National Labor Relations Board has ordered a New York City bakery to give back jobs to several undocumented immigrants it axed over a decade ago for participating in protected labor activities, provided they can show they are allowed to work in the U.S.

  • March 31, 2015

    Jury Awards $40M In Damages In Kraft Foods Plant Shooting

    A Philadelphia jury on Monday awarded nearly $40 million to the families of two women killed in a workplace shooting at a Kraft Foods Inc. plant against the security company whose employees guarded the facility.

  • March 31, 2015

    Judge Certifies Trimmed Class In Furniture Worker FLSA Row

    A Mississippi federal judge on Monday conditionally certified a class of workers in a collective action accusing United Furniture Industries Inc. and several related entities of violating the Fair Labor Standards Act by forcing them to work off-the-clock, but trimmed the proposed class definition to exclude plaintiffs from a previous case.

  • March 30, 2015

    Pao’s Defeat To Chill Sex Bias Claims In Tech Industry

    Ellen Pao’s high-profile loss in her $100 million gender discrimination battle against former employer Kleiner Perkins Caufield & Byers LLC is likely to deter other female professionals from sticking their necks out and waging similar fights against venture capital firms and technology companies, lawyers say.

  • March 30, 2015

    JC Penney Takes $3M Atty Fee Battle To Texas High Court

    JC Penney Co. Inc. on Friday asked the Texas Supreme Court to overturn a $3.1 million attorneys' fee awarded by a trial judge in a shareholder derivative suit against the retailer that alleged an improper executive compensation scheme, arguing that the lower courts erred in refusing to use the lodestar method to calculate the fees.

  • March 30, 2015

    Tenn. Justices Say Whistleblower Can't Just Tell Wrongdoer

    Tennessee’s high court ruled Friday in a case of first impression that a worker can’t qualify as a “whistleblower” under state law unless they report their employer’s wrongdoing to someone besides the perpetrator, which might require contacting an outside entity.

  • March 30, 2015

    Paterno Family’s Contract Claim Axed Again In NCAA Suit

    A Pennsylvania judge ruled the family of the late Joe Paterno can’t sue Penn State University and the NCAA for breach of contract over fallout from the Jerry Sandusky scandal, according to an order released Monday, the second time the judge has thrown out the claims.

  • March 30, 2015

    Orrick Partner Slams Ex-Handler Atty's Suit Over Firing

    An Orrick Herrington & Sutcliffe LLP partner on Friday urged a New York federal judge to toss a suit claiming that he got an ex-Handler Thayer LLP attorney fired after he was sanctioned by the Second Circuit for trying to disqualify the firm, calling it "the latest in a campaign of harassment."

  • March 30, 2015

    Judge OKs Tentative Tyson Foods Class Action Settlement

    A Kansas federal judge on Monday gave preliminary approval of a proposed more than $730,000 settlement of a years-long employment class-action suit that has pitted current and former Tyson Foods Inc. workers against the company.

  • March 30, 2015

    US Sues Okla. University For Bias Against Transgender Worker

    The federal government on Monday sued Southeastern Oklahoma State University and the Regional University System of Oklahoma for allegedly discriminating against a transgender employee by denying her application for tenure and later terminating her because of her gender identity.

  • March 30, 2015

    The 2015 Rising Stars, By Firm

    Law360's Rising Stars recognizes attorneys under 40 who have demonstrated outstanding career accomplishments. This year, King & Spalding LLP and Sidley Austin LLP led the pack with seven Rising Stars each, followed by Gibson Dunn and Sullivan & Cromwell LLP with six Rising Stars each, and Jones Day and Kirkland & Ellis LLP with five Rising Stars apiece.

  • March 30, 2015

    Whole Foods Can't Bag Ex-Employees' Background Check Suit

    A Florida federal judge on Monday refused to dismiss a proposed class action accusing Whole Foods Market Group Inc. of violating the Fair Credit Reporting Act with its employee background check notification methods, ruling the suit alleged Whole Foods’ liability release was included in a disclosure document.

Expert Analysis

  • Employers May Pay Dearly For Their Unpaid Internships

    Veronica Nannis

    The most important takeaways for employers from class actions brought by unpaid interns against NBC Universal Media Inc. and other media companies are that wage laws are not terms that can be contracted away and the use of another company or buffer will not necessarily shield an employer from the long reach of the Fair Labor Standards Act, says Veronica Nannis of Joseph Greenwald & Laake PA.

  • Key Takeaways From The SEC's Whistleblower Report

    Christian R. Bartholomew

    For the last several years, the U.S. Securities and Exchange Commission has emphasized its authority to enforce the anti-retaliation provisions of the Dodd-Frank whistleblower statute. Notably, the SEC’s whistleblower report stressed that unlawful retaliation does not require that an employee be terminated, say Christian Bartholomew and J. Douglas Wilson of Jenner & Block LLP.

  • Oral Arguments In Young V. UPS Sound Too Close To Call

    R. Scott Oswald

    Young v. United Parcel Service Inc. appears too close to predict after oral arguments Wednesday before the U.S. Supreme Court. The first half of arguments demonstrated the court’s acknowledgement of the difficulty in reading the right to an accommodation into the Pregnancy Discrimination Act, while the second half suggested the female justices supportive of Young are still searching for an unshakable legal justification, says R. Sc... (continued)

  • Sackos Suit Is Just The Latest Setback For The NCAA

    Jason J. Englund

    Sackos v. National Collegiate Athletic Association in the Southern District of Indiana is the latest matchup pitting the NCAA against the Fair Labor Standards Act and may be another addition to the association's recent legal losing streak, say Giselle Donado and Jason Englund of Seyfarth Shaw LLP.

  • And Now A Word From The Panel: End Of An Era

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Charleston, South Carolina, for its Dec. 4 hearing, let's take a moment to acknowledge a changing of the guard as Judge John Heyburn II, panel chairman for the past seven years, passes the torch. The panel also welcomes its newest member, from the Eastern District of Missouri, says Alan Rothman of Kaye Scholer LLP.

  • Health Care Reform: Where We Are And Where We Are Going

    Victoria H. Zerjav

    This year, the government provided tax credits, established health insurance marketplaces and increased access to Medicaid. In 2015, a primary focus for employers should be implementation of the employer mandate and coverage reporting requirements, say Victoria Zerjav and Francisco Cebada of Kelley Drye & Warren LLP.

  • Inside Pending Federal Trade Secrets Legislation

    Sean R. Somermeyer

    If the Trade Secrets Protection Act passes, it will provide more legal options for employers pursuing trade secret misappropriation claims, but will also add complexity and additional considerations for employers in such litigation, say attorneys at Faegre Baker Daniels LLP.

  • Caution: Flaws Of The Attorney-To-Secretary Ratio

    Sharon Quaintance

    Most sophisticated law firms have found that firmwide attorney-to-secretary ratios do not truly indicate whether a firm is staffed efficiently. At best, these ratios could be considered a baseline measurement or a high-level indicator of whether a firm is “progressive.” But there are some reasons why one should be skeptical of the numbers, says Sharon Quaintance of HBR Consulting.

  • Gentlemen’s Clubs Can't Strip Dancers Of Employee Status

    Archana R. Acharya

    In the past few weeks, two gentlemen’s clubs have ended up on the wrong side of wage-and-hour class actions, reminding us that, whether in a Fortune 1000 setting or the more “intriguing” adult entertainment industry, there is a very fine line between classifying someone as an employee or an independent contractor — and getting it wrong can be costly, says Archana Acharya of Foley & Lardner LLP.

  • Perez V. MBA Is Unlikely To Provide Regulatory Relief

    Daniel W. Wolff

    Despite the seemingly fundamental fairness of the Paralyzed Veterans doctrine, the U.S. Supreme Court is likely to invalidate it in Perez v. Mortgage Bankers Association as an unlawful judicial encroachment on agency discretion, say attorneys at Crowell & Moring LLP.