Employment

  • June 29, 2016

    Disney Can’t Get Costs In Ex-Exec’s Tossed Age Bias Suit

    A California judge on Wednesday rejected Disney’s request for costs in a tossed suit from a former executive alleging he was booted after 26 years due to his age, saying the case wasn’t “objectively without foundation” as required under the state high court’s recent Williams decision.

  • June 29, 2016

    Heart Device Maker Pays $8M To End FCA Kickback Suit

    A heart surgery device maker has agreed to pay $8 million to settle a whistleblower's False Claims Act allegations that it provided marketing support as kickbacks to doctors who charged government health programs for the devices' use, the federal government said Wednesday.

  • June 29, 2016

    Mary Kay Gets NJ Worker Suit Claiming Forced Buying Tossed

    A New Jersey federal judge on Wednesday dismissed a proposed class action alleging that Mary Kay forced its beauty consultants to buy company merchandise as part of their employment after finding the consultants signed contracts stating that their claims must be litigated in Texas.

  • June 29, 2016

    When To Cut An Underperforming Partner Loose

    In an environment where clients have many options for counsel and little tolerance for waste, it’s become more important than ever for law firms to trim the fat. Here, experts offer their advice on when it’s time to cut an underperforming partner loose.

  • June 29, 2016

    Plavix FCA Suit Revived After High Court's Escobar Ruling

    A New Jersey federal judge on Wednesday reopened a False Claims Act suit against Sanofi-Aventis US LLC and Bristol-Myers Squibb Co. following the U.S. Supreme Court’s recent Escobar ruling that liability under the statute can be triggered by failure to comply with regulations that aren't explicit conditions of payment.

  • June 29, 2016

    Google Job Candidates Seek Certification In Age Bias Suit

    A systems engineer suing Google Inc. for allegedly discriminating against older individuals in the hiring process asked a California federal judge Wednesday to conditionally certify the proposed class and order the tech company to produce names and contact information for potential class members.

  • June 29, 2016

    Raymours Bias Suit Revived As NJ Justices Nix Time Limit

    The New Jersey Supreme Court has revived a Raymours Furniture Co. employee’s race bias suit that a lower court sent to arbitration, in the wake of the justices’ recent decision to invalidate employer-imposed time limits for filing discrimination claims.

  • June 29, 2016

    11th Circ. Urged To Scrap Rinky-Dink Award In Navy Row

    A security company told the Eleventh Circuit on Tuesday the subcontractor was improperly sanctioned with a measley damages award for omitting facts in litigation against a prime contractor that ousted the company from a $12 million U.S. Navy deal and stole its employees.

  • June 29, 2016

    2nd Circ. Urged To Update Sex Bias Standard

    The U.S. Equal Employment Opportunity Commission and more than 120 federal lawmakers told the Second Circuit Tuesday to revise its “outdated” precedent on sexual orientation discrimination by expanding its interpretation of Title VII’s ban on sex bias to include discrimination based on sexual orientation.

  • June 29, 2016

    'Bad Faith' Or Statute Needed For Attys' Fees: 4th Circ.

    An award of attorneys’ fees is not automatic when the defense prevails in a federal lawsuit, the Fourth Circuit ruled Tuesday in an appeal of a Fair Labor Standards Act case in North Carolina.

  • June 29, 2016

    Chicago Schools OK To Break Health Deal, Judge Says

    An Illinois judge on Tuesday tossed “for now” a suit in which a student health service provider claims the Chicago Board of Education breached its contract and schemed with a rival health care agency to steal its nurses.

  • June 29, 2016

    NC Privacy Group Wants In On Bathroom Law Fight

    A nonprofit that includes people who have been sexually abused by opposite-sex perpetrators asked Tuesday to participate in the U.S.’ lawsuit challenging North Carolina’s now-infamous transgender bathroom law, to protect the constitutional right to bodily privacy of the group's members.

  • June 29, 2016

    Advocate Workers Get Final Nod On $4.75M OT Settlement

    An Illinois federal judge Wednesday granted final approval to a $4.75 million settlement that ends a lawsuit accusing Advocate Health Care Network of improperly excluding its home health care workers from overtime pay.

  • June 29, 2016

    Lyft Drivers Can't Intervene In $27M Deal Over Fare Claims

    A California federal judge said Tuesday that a pair of Lyft drivers cannot intervene in the $27 million settlement in a proposed class action alleging the ride-hailing company misclassified drivers as independent contractors, saying they have multiple avenues to protect their separate claims against Lyft.

  • June 29, 2016

    Texas AG Says Schools Can't Lie To Trans Students’ Parents

    Texas Attorney General Ken Paxton said on Tuesday that the Fort Worth Independent School District's policy allowing schools to keep information about students' gender identities away from parents is in violation of state education law and that the policy was improperly enacted.

  • June 28, 2016

    Food Co. Found To Violate Labor Laws During Union Push

    A National Labor Relations Board judge determined on Monday that a food product manufacturer committed numerous unfair labor practices in the midst of a union organizing campaign at a Cincinnati production facility.

  • June 28, 2016

    5th Circ. Reverses NLRB On Gym Chain Arbitration Pacts

    The Fifth Circuit on Monday issued a one-page order reversing a National Labor Relations Board ruling that held class action waivers in 24 Hour Fitness USA’s mandatory arbitration agreements are unlawful after the gym chain argued the circuit’s prior rulings in D.R. Horton and Murphy Oil are binding.

  • June 28, 2016

    Justices' Snub Didn't Resolve First-To-File Issue, Judge Says

    A Utah federal judge ruled Tuesday that the Tenth Circuit should still weigh whether the False Claims Act's so-called first-to-file rule bars a whistleblower suit over uninspected aircraft gears, saying the U.S. Supreme Court's Monday decision not to review the issue in another FCA case did not resolve a circuit split.

  • June 28, 2016

    Ex-Duquesne Law Professor's Retaliation Suit Stays Afloat

    A Pennsylvania federal judge on Tuesday gave the green light to a former Duquesne University law professor on her gender discrimination and retaliation claims against the school and its incoming president while finding no merit to other claims, including religious discrimination based on her scholarship in Islamic law.

  • June 28, 2016

    Goldman, Fired Coder Fee Battle Leaves Judge In Quandary

    Neither Goldman Sachs Group nor a former coder has the upper hand for now in a court battle over the once-jailed employee’s demand for millions in company-paid, corporate officer legal fees, a Delaware vice chancellor said during post-trial arguments late Tuesday.

Expert Analysis

  • Drafting Separation Agreements For Employers: A Quick Guide

    Excerpt from Lexis Practice Advisor
    Marc E. Bernstein

    As an employer’s attorney, it's imperative that you ensure a separation agreement will be comprehensive, valid and enforceable so that the employer can successfully avoid litigation and other risks. Marc Bernstein at Paul Hastings LLP outlines the initial preparations for drafting a separation agreement and common terms that employers ordinarily should include.

  • What To Know While Preparing For DOL's New Fiduciary Rule

    Theresa S. Gee

    Even though the U.S. Department of Labor's final fiduciary rule is, in many ways, more livable than the proposed rule, with potential traps for fiduciary, co-fiduciary and knowing participant exposure, failing to act with due caution is fraught with peril, say Erin Sweeney and Theresa Gee of Miller & Chevalier Chtd.

  • The Unintended Consequences Of 'PAGA-Only' Lawsuits

    Jamin S. Soderstrom

    At first blush, it may seem there is little downside to pursuing litigation under California’s Private Attorneys General Act, and specifically, "PAGA-only" lawsuits. However, there is at least one unintended consequence that plaintiffs counsel could face if the upward trend of these types of cases continues, says Jamin Soderstrom at Call & Jensen.

  • Legal Delivery In The 'Gig Economy'

    Mark A. Cohen

    As Paul Simon said, “One man’s ceiling is another man’s floor.” So it is with law firms and service providers. The firm model is being challenged as never before, and that creates opportunity for both to collaborate and to respond to client needs by proactively delivering “agile” services. It also means that the law firm model is being replaced, says Mark Cohen, a former civil trial lawyer and the founder of Legal Mosaic LLC.

  • Fed. Contractors Should Rethink Criminal Background Checks

    Kenneth A. Rosenberg

    Recent enforcement actions from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs show the agency has upheld its promise to target contractors utilizing blanket criminal background check policies. Several cases provide fair warning about the risks of blanket exclusions in the screening of job applicants and employees, say Kenneth Rosenberg and Asad Rizvi at Fox Rothschild LLP.

  • Calif.'s New Minimum Wage: What Employers Need To Know

    Bryan L. Hawkins

    California's newly enacted statewide minimum wage law is not good news for California employers. However, it's also not cause for immediate shock, as it will be implemented in phases, overlap with other local minimum wage laws, and includes limited procedural protections meant to reign in unwarranted or fiscally devastating minimum wage increases, says Bryan Hawkins at Stoel Rives LLP.

  • Succession Planning: A Key Strategy For Law Firm Longevity

    Jonathan R. Fitzgarrald

    To law firms swamped with court dates and deadlines, succession planning may seem like the kind of thing to put on the back burner until something major happens. But the best decisions aren't made when we're forced to make them, which means it's imperative that firms take steps now in order to ensure their business's future is secure, says Jonathan Fitzgarrald, a managing partner at Equinox Strategy Partners.

  • Sun Capital Has Big Implications For Private Equity

    Russell J. Boehner

    While most private equity funds and “passive” investors apply — consistent with IRS regulations — a more mathematical test to determine their controlled group status, a recent Massachusetts federal court decision holding two Sun Capital funds jointly liable for $4.5 million in withdrawal liability of their portfolio company portends a more nebulous facts-and-circumstances analysis, say Russell Boehner and Allison Warden Sizemore of... (continued)

  • How Nonprofits Can Protect Against Embezzlement And Fraud

    Stephen J. Obermeier

    According to one study, on average 5 percent of all nonprofit revenues are lost each year to fraud, with 22 percent of cases involving the loss of more than $1 million. Such occurrences have reached epidemic proportions within nonprofit organizations, but there are several defenses legal and financial departments can implement to protect against fraudulent activity, say attorneys at Wiley Rein LLP.

  • AseraCare Ruling: FCA Is Not For Differing Medical Opinions

    Anne Robinson

    Other courts hearing False Claims Act cases premised on nothing more than a difference in clinical judgment should heed the Alabama federal judge's thoughtful warning in U.S. v. AseraCare. The FCA is not meant to function as a “federal malpractice statute” where any question regarding a health care provider’s judgment constitutes a viable FCA claim, say attorneys with Latham & Watkins LLP.