Employment

  • October 21, 2014

    Senate Shake-Up Would Breathe New Life Into ACA Battles

    An increasingly likely Republican takeover of the U.S. Senate in next month's midterm elections would almost certainly lead to new showdowns over controversial Affordable Care Act provisions, such as the employer mandate and the medical device tax, as incoming senators try to turn campaign rhetoric into reality.

  • October 21, 2014

    US Boosts Ebola Response With Travel Rules, CDC Guidance

    The U.S. on Tuesday stepped up its response to Ebola in an attempt to stop it from spreading inside the nation’s borders, funneling all passengers from three West African countries to five U.S. airports and expanding Centers for Disease Control guidance for nurses helping infected people.

  • October 21, 2014

    NHL Hit With Players' Consolidated Concussion Suit

    The National Hockey League was hit with a multidistrict action Monday in Minnesota federal court over concussion-related injuries, with former players accusing the league of failing to inform them about the increasing research linking concussions to serious cognitive ailments.

  • October 21, 2014

    DC Circ. Skewers DHS Visa Denial For Brazilian Chef

    The D.C. Circuit on Tuesday reversed a federal court decision denying a U.S. visa to a Brazilian chef employed by steakhouse chain Fogo de Chao Inc., saying the U.S. Department of Homeland Security wrongly excluded the chef’s culturally acquired skills in making the decision.

  • October 21, 2014

    HSBC Retaliated Against Fired Exec's Accusers, Suits Claim

    HSBC Securities (USA) Inc. is facing a pair of lawsuits in New York federal court alleging it retaliated against employees who reported that a now-fired executive was sexually harassing a female subordinate, including by pressuring her to have sex with bank clients.

  • October 21, 2014

    Gov't Union Challenges New Poultry Inspection Rule

    The American Federation of Government Employees sued the U.S. Department of Agriculture in D.C. district court on Tuesday, alleging that a new rule designed to speed up poultry inspection is unsafe and against the law.

  • October 21, 2014

    US Asks 5th Circ. To Deny UT Bid To Rehear Tax Refund Suit

    The U.S. government recently said the Fifth Circuit correctly determined earlier this year that the University of Texas did not qualify for an $11 million refund for Federal Insurance Contributions Act taxes against its medical residents and the court should deny the university's request for a rehearing.

  • October 21, 2014

    DOE Whistleblower Investigation Snared By Privilege Dispute

    The Department of Energy's inspector general has said the agency cannot adequately investigate claims of whistleblower retaliation against a Bechtel National subcontract employee who voiced safety concerns about the Hanford nuclear waste treatment plan, saying claims of attorney-client privilege limited its access to relevant documents. 

  • October 21, 2014

    Verizon’s $15M Settlement OK’d In Pay Stub Class Action

    A California judge on Monday approved a $15 million settlement that would resolve a class action accusing Verizon California Inc. of issuing inaccurate wage statements that excluded crucial information that made it impossible for employees to determine whether they had been paid properly.

  • October 21, 2014

    Employers' EEOC Survival Guide: Conciliation

    Once the U.S. Equal Opportunity Commission finds “reasonable cause” to believe an employer has broken the law, the agency must try to conciliate the underlying bias claims before deciding whether to bring a lawsuit. Though the agency may already believe discrimination has occurred by the time conciliation efforts start, lawyers and the EEOC say employers shouldn't merely throw up their hands and brace for litigation. This is the second in a three-article series on navigating the EEOC process.

  • October 21, 2014

    Anderson Kill Dodges $10M Malpractice Suit Over Insurer Row

    A New York judge on Tuesday threw out a health care company’s legal malpractice action that claims Anderson Kill PC botched an employment insurance coverage case, saying the plaintiff hasn't properly alleged that the firm was liable for $10 million in insurance losses.

  • October 21, 2014

    KBR, Whistleblower Trade Blows Over Privileged Docs

    KBR Inc. and a whistleblower who has accused it of defrauding the Pentagon through Iraq War subcontract overbilling and a kickback scheme continued a long-running battle over production of purportedly privileged documents, lodging competing filings in D.C. federal court Monday over the requested production.

  • October 21, 2014

    SEC Whistleblower Head Admits To Award-Payout Struggles

    In part three of a three-part peek behind the scenes of the U.S. Securities and Exchange Commission’s whistleblower office, director Sean McKessy addresses some of the “unintended negative consequences” of the program: what happens when all of his tipsters aren’t eligible to get paid.

  • October 21, 2014

    Fla. Hospitals Beat Whistleblower's Retaliation Claim

    Two years after Florida-based Morton Plant Mease Health Care Inc. and its affiliated hospitals agreed to pay $10 million to resolve a whistleblower’s allegations that they overcharged the government for treating Medicare patients, the judge dismissed the whistleblower’s retaliation claims, ruling she was fired for a permissible reason.

  • October 21, 2014

    Hyundai Plant Workers Not Paid For Forced Workouts: Suit

    A production employee working for Hyundai Motor Manufacturing of Alabama LLC is accusing the company of refusing to pay overtime for mandatory exercise sessions at its Montgomery plant, according to a proposed collective action filed in federal court.

  • October 21, 2014

    Littler Bolsters Latin America Presence With Peru Office

    Employment and labor firm Littler Mendelson PC has entered Peru by combining with employment boutique Estudio Gonzalez & Asociados, marking Littler’s 10th global office, the firm announced on Monday.

  • October 21, 2014

    Slot Machine Maker Can't Shut Down Former GC's Rival Co.

    A New Jersey federal judge refused Monday to grant a preliminary injunction to a slot machine maker alleging its former in-house counsel defected with its trade secrets to start his own company, saying it waited too long to request relief.

  • October 20, 2014

    NJ High Court Mulls Mandatory Furloughs For City Workers

    A coalition of New Jersey municipal workers’ unions urged the state’s Supreme Court on Monday to reanimate formal disputes filed against three boroughs that imposed mandatory furloughs without first negotiating with the unions, telling the justices the appellate court’s ruling ignored clear precedent.

  • October 20, 2014

    Cinemax Actress Can't Avoid Claims Over Refused Sex Scenes

    An actress suing HBO, Cinemax and a production company saying she was coerced into filming "softcore porn" sex scenes for a late-night adult television series can't avoid counterclaims alleging she breached her contract by refusing to appear nude in the scenes, a California judge ruled Monday.

  • October 20, 2014

    NLRB Judges Knock 2 Employers' Arbitration Pacts

    A California grocery chain and a Las Vegas limousine service were faulted Friday by National Labor Relations Board judges who found the employers violated federal labor law by requiring employees to sign arbitration agreements that interfered with their right to bring collective actions.

Expert Analysis

  • Legal Forms And IP Rights: Yours, Mine, Ours Or Theirs?

    Linda Kaufman Gollub

    The practice of law has changed dramatically due to the mobility of employees, the consolidation and disintegration of firms, and the easy transfer of data with computerization and the Internet. While the need to create a contract to protect a client’s rights and interests is still paramount, the lawyer’s rights in the created document itself are becoming less protected, say Linda Kaufman Gollub of Kaufman Gollub LLC and Robert Pay... (continued)

  • EEOC Developments On Religious Rights, Background Checks

    Jessie E.R. Mischke

    Shortly after the U.S. Equal Employment Opportunity Commission released its guidance on religious rights in the workplace, the agency, along with the Federal Trade Commission, jointly published two other resources on employment background checks, signaling a continued, joint focus on prehiring tools and practices, say Melissa Raphan and Jessie Mischke of Dorsey & Whitney LLP.

  • A New Litigator's Guide — Top 5 Tips For Court Prep

    Renee D.K. Miller

    As a junior litigator, preparation for your first few hearings and trials can be a daunting and overwhelming experience. Here are five basic tips for new litigators preparing for those first few trials, say Renee Miller and Cabell Clay of Moore & Van Allen PLLC.

  • The ACA Still Has Its Day In Court, Now Over Subsidies

    Mark M. Trapp

    Challenges to the Affordable Care Act's tax credits and copayment subsidies continue to make their way through courts, with rulings expected soon. If a case were to reach the U.S. Supreme Court and it were to strike down the ACA's subsidies, states could establish their own exchanges to qualify for the established subsidies, say attorneys at Epstein Becker Green LLP.

  • Revisit Your Union Insignia Rules

    Cynthia K. Springer

    All employers can take lessons from the National Labor Relations Board's decision involving Healthbridge Management LLC. The case should serve as a reminder of the narrow "special circumstances" under which wearing and posting pro-union insignia can be banned, say Cynthia Springer and Matthew Brown of Faegre Baker Daniels LLP.

  • A Step Toward Alleviating Growing Discovery Problems

    Steve Schmelkin

    Recent proposed amendments to the Federal Rules of Civil Procedure — including revisions to Rules 26(b) and 37(e) — could be pivotal in streamlining e-discovery, and could provide a more sensible and simplified set of preservation and disclosure guidelines, says Steve Schmelkin of Clutch Group.

  • First Read On Same-Sex Spouse Health Benefits Post Windsor

    John H. Wilson

    An essential element in Roe v. Empire Blue Cross Blue Shield was that the Employee Retirement Income Security Act is not an anti-discrimination law — had such a federal law existed the outcome likely would have been different. Should such a law come to be, employers with self-insured health plans will likely be unable to rely on Roe to exclude same-sex spouses from coverage, say John Wilson and Matthew Clyde of Buchanan Ingersoll & Rooney PC.

  • Calif. Proposes A Job-Killing Tax On Talent

    Korok Ray

    Next session, the California state legislature will again attempt to raise corporate taxes on companies with high CEO pay. The proposed legislation represents a fundamental misunderstanding of how labor markets work, says Korok Ray, assistant professor of accounting at George Washington University and former senior economist on the President’s Council of Economic Advisers.

  • Lawyers And Email: Ethical And Security Considerations

    Scott Aurnou

    The specter of attorney-client privilege has a long and well-respected history in litigation — but means nothing at all to a hacker. According to a recent LexisNexis survey, 77 percent of firms rely on “Delete this email if you are not the intended recipient” or similar language in the body of emails to secure them, which essentially does nothing to protect firm or client data from any nefarious actors who view it, says Scott Aurno... (continued)

  • 4th Circ. Per-Invoice Rule: Warnings For Gov't Contractors

    Susan Cassidy

    Prompt intervention from the U.S. Supreme Court is needed for the Fourth Circuit's decision in U.S. v. Gosselin World Wide Moving NV. Not only is this decision wrong as a matter of statutory construction and inconsistent with the Eighth Amendment’s constitutional protections, but it also subjects contractors to legal and monetary risks that are disproportionate to the benefits they gain from participation in federal procurement, wi... (continued)