Employment

  • July 24, 2014

    Indiana 'Right To Work' Law Dealt 2nd Blow In State Court

    A judge in Indiana has struck down the state's so-called right-to-work law that shields nonunion workers from being required to pay union dues, marking the second time a court has determined that the law violates the state constitution, Indiana's attorney general said on Wednesday.

  • July 24, 2014

    House Panel OKs Republican-Led ACA Suit Against Obama

    A resolution that would authorize the U.S. House of Representatives to sue President Barack Obama over the delay of the Affordable Care Act’s employer mandate moved one step closer to a vote Thursday, when the House Rules Committee approved it for full House review.

  • July 24, 2014

    Amazon Warehouse Workers Lose Tolling Bid In Wage Action

    A Kentucky federal judge denied a tolling request Wednesday that could have given additional Amazon.com Inc. warehouse workers the option to join a national wage-and-hour class action, a decision the plaintiffs' attorney said could unfairly prevent up to 150,000 workers from participating in the litigation.

  • July 24, 2014

    Starwood Pays Nearly $1M To Settle Worker Tip Suit

    Starwood Hotels & Resorts Worldwide Inc. agreed to shell out nearly $1 million in Hawaii federal court on Wednesday to settle a class action accusing the company of improperly retaining tips owed to servers at its Westin resort in Maui.

  • July 24, 2014

    Cuomo Wants Tipped Workers To Benefit From Min. Wage Hike

    New York Gov. Andrew Cuomo on Thursday kicked off a review of state wage law to determine if waiters and other tipped workers require new protections in order for their minimum pay to fall in line with recent moves to raise the minimum wage for other hourly workers.

  • July 24, 2014

    Ex-Inspector Accuses NA Pipeline Of Wage Violations

    North American Pipeline Inspection LLC was hit with a putative class-action lawsuit in Pennsylvania federal court accusing it of violating the Fair Labor Standards Act and state wage laws by failing to pay its inspectors overtime wages.

  • July 23, 2014

    NLRB Macy's Ruling Has Lawyers Leery Of 'Micro-Unit' Fights

    The National Labor Relations Board's endorsement of a bargaining unit composed of Macy's Inc. cosmetics and fragrance workers demonstrated the labor board's willingness to apply its controversial Specialty Healthcare ruling in the retail sector and left management-side lawyers wondering if challenges to so-called micro-units are winnable before the current board.

  • July 23, 2014

    2 KFI Trade-Theft Accomplices Sentenced To Probation

    A California federal judge on Wednesday sentenced two accomplices of disgraced Korn/Ferry International recruiter David Nosal to one year of probation each, finding that their cooperation helped the firm secure Nosal's conviction for hacking, stealing trade secrets and conspiring to use proprietary information.

  • July 23, 2014

    ACA Birth Control Mandate To Get New Opt-Out Process

    The Obama administration won cautious praise on Wednesday from its legal adversaries in litigation over the Affordable Care Act’s birth control mandate after disclosing that it will alter an opt-out process that religious nonprofits say makes them complicit in immoral activities.

  • July 23, 2014

    Medical Dispatchers Stay Certified In Calif. OT Row

    A California judge on Wednesday refused to reconsider his decision granting class certification to more than 300 medical dispatchers who allege American Medical Response Inc. and its Southern California branch shorted their wages, saying the plaintiffs' lack of a specific trial plan isn't enough to invalidate certification.

  • July 23, 2014

    Delta's $1.4M Settlement With Cargo Workers Gets Nod

    A California federal judge on Tuesday preliminarily approved a $1.4 million settlement between Delta Air Lines Inc. and a class of cargo employees who have accused the company of failing to provide them with overtime and meal breaks in violation of California labor law.

  • July 23, 2014

    Fla. Appeals Court Won't Lift Stay On Gay Marriage Ruling

    A gay couple in Florida who last week secured a trial court decision overturning a state ban on same-sex marriages were denied their appeal Wednesday of the judge's decision to stay the ruling while the state appeals.

  • July 23, 2014

    Farmworkers' Challenge To DOL Prevailing Wage Policy Axed

    Several migrant farmworker organizations lost their challenge to the U.S. Department of Labor's implementation of a wage policy that allows employers to use private surveys, rather than publicly available data, to set wage levels, with a Pennsylvania federal judge ruling Wednesday that their claims were not ripe for a decision.

  • July 23, 2014

    NYG Capital CEO Hit With $850M Intern Sex Harassment Suit

    A former NYG Capital LLC intern is seeking $850 million in damages in a suit filed in New York district court Monday that accuses the company's CEO of repeated sexual harassment, forced sexual relations, stalking and unlawful termination, among other things.

  • July 23, 2014

    Ormet Judge Nixes Union Bid To Stay $25M Plant Sale

    A Delaware bankruptcy judge on Wednesday rejected a request to stay Ormet Corp.’s court-approved $25 million deal for a shuttered aluminum plant so a union trust could appeal the sale order, saying the debtor faced “enormous” harm if the deal didn’t close.

  • July 23, 2014

    Select Medical Hit With FCA Suit Over Length Of Patient Stays

    A Wisconsin federal judge on Tuesday unsealed a whistleblower suit brought under the False Claims Act alleging Select Medical Holdings Corp. performed medically unnecessary treatments at a long-term acute care hospital to fraudulently maximize reimbursements from the Centers for Medicare and Medicaid Services.

  • July 23, 2014

    Nine West Slapped With Undisclosed Background Check Suit

    Shoe retailer Nine West Holdings Inc. was slapped Wednesday with a putative class action in Florida federal court that alleges the company conducts background checks on job applicants without proper disclosures, violating the Fair Credit Reporting Act. 

  • July 23, 2014

    NJ Firm Sues Former Atty For Defamation

    A New Jersey law firm has launched a defamation and invasion of privacy suit against a former associate who it claims misrepresented his departure from the firm and falsely stated that his one-time employer had landed itself in hot water over client funds.

  • July 23, 2014

    More Ballplayers Sue MLB For Wages In Labor, Antitrust Suit

    Former Oakland Athletics pitcher Yadel Marti and a group of fellow former Major League Baseball players filed a labor and antitrust class action in California federal court, alleging the organization failed to pay minor league players for the long hours they were at work and in training.

  • July 23, 2014

    CACI Lands $22M Contract To Supply Navy Personnel

    Virginia-based information technology giant CACI International Inc. has been awarded a three-year “prime contract” worth up to $22 million to continue providing personnel and other services for the Bureau of Naval Personnel, which serves as the human resources department of the Navy Personnel Command, CACI announced Wednesday.

Expert Analysis

  • Ill.'s Limited Liability Is Unlimited

    Joseph R. Marconi

    In a case of first impression, the Illinois Court of Appeals' First District in Dass v. Yale issued an opinion confirming immunity from liability arising from fraud under the Illinois Limited Liability Company Act. Lawyers advising their clients on the formation of LLCs should be cognizant of this advantage — forming an LLC under the laws of states which have adopted the Uniform Limited Liability Company Act may be grounds for a la... (continued)

  • 5 Employment Law Considerations When Cloud Computing

    Ian C. Schaefer

    The beauty and power of cloud computing is that a company's information is available wherever you are, whenever you need to access it. However, while the upshot is that an employer's data may not necessarily be located in a single place, the geographical location of that data can potentially expose employers to litigation, says Ian Schaefer of Epstein Becker Green PC.

  • Ready For A DOL Audit? 6 Questions For Gov't Contractors

    Tracey Diamond

    New Office of Federal Contract Compliance Programs requirements represent significant changes to the ways contractors gather statistical information, analyze hiring decisions and store data, but as long as contractors understand a few key issues, they should be able to comply without much difficulty and avoid problems at the next affirmative action plan audit, say Tracey Diamond and Robert Ludolph of Pepper Hamilton LLP.

  • Using Social Media In The Workplace May Get Dicier

    Marcia Goodman

    Although there are relatively few decisions addressing employment discrimination in the social media context, recent cases suggest that courts may be receptive to such claims — for example, Gaskell v. University of Kentucky and Neiman v. Grange Mutual Casualty Co., say attorneys at Mayer Brown LLP.

  • Pros And Cons Of Trial Presentation Software Programs

    David Russell

    The last thing lawyers want to worry about is fumbling with trial exhibits once they get to the courtroom. Luckily, there are a wide variety of options for using technology to facilitate trial presentation. Each has benefits and drawbacks, but the most important thing is finding software that the trial lawyer is comfortable and confident running, say David Russell and Jeffrey Atteberry of Jenner & Block LLP.

  • SEC Threats Don't Help In-House Bar Prevent Retaliation

    Amar D. Sarwal

    Confidentiality provisions are standard in severance agreements across the business community. Do they all need to be amended to insert an exception for Dodd-Frank-covered activity? It would be nice to know that and, even better, for the voice of the in-house bar to be heard on that front before the U.S. Securities and Exchange Commission files creative lawsuits in an attempt to crack down on whistleblower retaliation, says Amar Sa... (continued)

  • Disclosures To Gov't Should Bar Whistleblower FCA Claims

    Dave Nadler

    A recurring issue in False Claims Act cases has been whether a defendant’s disclosure directly to government investigators in connection with an official investigation triggers the statute’s public disclosure bar. A Virginia federal court's recent holding in U.S. v. Unisys Corp. that a government-only disclosure can never satisfy the FCA’s publicity requirement carries grave implications because it does not advance the purpose of t... (continued)

  • 6 Tips For Addressing Cy Pres Awards In Class Actions

    Latonia Haney Keith

    The most common and preferred way to address settlement funds that cannot be distributed to class members is a cy pres award of the residual funds to charities or other nonprofit organizations. But cy pres awards are attracting increased objections and are sometimes overturned on appeal. Adhere to six simple rules to avoid or defeat such objections to your settlement, say Latonia Haney Keith and Wilber Boies of McDermott Will & Emery LLP.

  • NLRB Northwestern Decision May Not Just Be For Athletes

    Ronald J. Kramer

    The recent finding from a National Labor Relations Board regional director that Northwestern University scholarship football players are employees and have the right to unionize is a groundbreaking decision, one that will be litigated for some time to come. If upheld, the finding may expand the scope of statutory protections to scholarship students who provide services to colleges and universities — beyond student athletes in a foo... (continued)

  • Supreme Court May Finally Clarify Compensable Time

    Kenneth W. Gage

    Integrity Staffing Solutions Inc. v. Busk provides the U.S. Supreme Court with another occasion to address and clarify whether — and under what circumstances — employers must compensate employees for their activity at the beginning or end of a workday. Though not a donning and doffing case, its ruling can still potentially have a wide-ranging impact on most large employers, say Kenneth Gage and Sean Smith of Paul Hastings LLP.