Employment

  • March 3, 2015

    KBR Fights New Bid For Rehearing Of Iraq FCA Suit

    KBR Inc. blasted a would-be whistleblower's attempts to revive a False Claims Act suit stemming from its work on a recreation center in Iraq, telling a D.C. federal court that she doomed her endeavor by rehashing old arguments.

  • March 3, 2015

    Ex-Workers Say Navy Shipbuilder Faked Employee Records

    A shipbuilder for the U.S. Navy is facing a False Claims Act suit from former employees accusing it of billing the government for higher salaries than it was paying, according to a complaint unsealed in Alabama federal court Monday.

  • March 3, 2015

    W.Va. Supreme Court Torpedoed Spoliation Tort, Dissent Says

    West Virginia's highest court on Monday upheld a lower court’s exoneration of a trucking company over claims it intentionally destroyed a tractor-trailer involved in a deadly collision, while a dissenting justice said the “mind-boggling” decision abolishes the spoliation-of-evidence tort and opens the door to “devious conduct.”

  • March 3, 2015

    Dow Unit Says Ex-Worker Didn't Prove Retaliation At Trial

    Dow Chemical Co. unit Rohm and Haas Co. on Tuesday asked a Pennsylvania federal judge to rule that the company did not intentionally retaliate against a former employee by undermining her independent research in response to complaints she filed with the U.S. Equal Employment Opportunity Commission.

  • March 3, 2015

    Fla. Senate Passes Bill Over Post-Retirement Judgeships

    A bill that would lift restrictions on post-judicial employment for retired Florida judges and allow them to return as senior judges more quickly passed out of the Florida Senate's Judiciary Committee on Tuesday, the first day of the legislative session.

  • March 3, 2015

    Players Ask Judge To Set Aside NFL Salary Cap Settlement

    The National Football League Players Association told a federal judge on Tuesday that a 2011 agreement barring it from bringing certain antitrust claims against the NFL was signed under false pretenses, and shouldn’t impede its collusion claim over an allegedly secret salary cap.

  • March 3, 2015

    NJ Secures $2.2M In Bias Settlements In 2014

    A $400,000 settlement with a mechanical contracting company that allegedly discriminated against female plumbers as part of public jobs was among about $2.2 million in payouts that New Jersey's Division of Civil Rights obtained last year on behalf of bias victims, the state said Tuesday.

  • March 3, 2015

    GOP Vows ACA Backup As High Court Arguments Loom

    Congressional Republicans are suddenly floating numerous ideas for overhauling or replacing the Affordable Care Act, a campaign timed to Wednesday’s oral arguments at the U.S. Supreme Court over the landmark law’s tax credits.

  • March 3, 2015

    LA Utility Fired Worker For Reporting Fraud, Suit Says

    A former claims representative at a Los Angeles water and electricity utility hit his former employer with a retaliation suit in California state court Monday, alleging he was fired because he reported widespread fraud and intentional overpayment in claims settlements.

  • March 3, 2015

    Wells Fargo Stole Trade Secrets In Broker Hire, Suit Says

    Wells Fargo is accused of benefiting from stolen trade secrets after hiring an executive from a competing Ohio insurance brokerage and allowing him to solicit customers and staff from his former employer, according to a lawsuit filed in Ohio federal court Monday.

  • March 3, 2015

    Senate Advances Measure To Block NLRB 'Ambush' Rule

    The U.S. Senate agreed Tuesday to advance a resolution meant to block the National Labor Relations Board from putting into effect its controversial recent union election rule, known by detractors as the “ambush election” rule.

  • March 3, 2015

    4 States Back DOL In DC Circ. Home Care Rule Battle

    The U.S. Department of Labor had the authority to issue regulations extending federal minimum wage and overtime protections to most home care workers, New York and three other states told the D.C. Circuit Monday, backing the DOL's appeal of lower court decisions that gutted the rule. 

  • March 3, 2015

    GOP Legislators Pitch Wellness Program Legislation

    Nine Republican lawmakers on Monday introduced legislation that would clarify rules regarding employer-sponsored wellness programs to eliminate confusion that they say has been caused by the U.S. Equal Employment Opportunity Commission for employers that financially reward workers for choosing healthy lifestyles.

  • March 3, 2015

    Chamber Says Muddled Financial Regs Hurt Businesses

    America’s largest business association proposed sweeping changes to the federal government’s financial oversight Tuesday, arguing that consumer access to credit and the ability of U.S. businesses to grow is being threatened by an uncoordinated and unclear regulatory system.

  • March 3, 2015

    Ritz-Carlton, Marriott Hit With Unpaid Wages Class Action

    The Ritz-Carlton Hotel Co. LLC, Marriott International Inc. and several associated companies were hit with a putative class action in a California state court alleging that the hotel chains shorted its workers on wages and failed to provide proper meal breaks, among a number of violations of California labor laws.

  • March 3, 2015

    Teamsters Want Mexican Trucking Row Revisited In TPP

    The International Brotherhood of Teamsters on Monday publicly called on U.S. trade officials to use the Trans-Pacific Partnership talks to reopen deliberations on Mexico's cross-border trucking services, blasting the administration's move to open the border to Mexican truckers earlier this year.

  • March 3, 2015

    Abercrombie Blasts Workers' Cert. Bid In Apparel Policy Row

    Abercrombie & Fitch Co. told a California federal court Monday that employees claiming they were illegally required to buy the retailer’s clothing for work don’t have enough in common to be certified as a class because their claims are based on contrary oral instructions provided by store managers, not the company’s written policy.

  • March 2, 2015

    Judge Nixes MLB Bid To Link San Jose, Minor Leaguer Suits

    A class action against Major League Baseball over pay for minor leaguers and an antitrust suit over the relocation of the Oakland Athletics have little in common other than involving the baseball antitrust exemption, a California federal judge said Monday in denying a request from the MLB to relate the two disputes.

  • March 2, 2015

    Ex-HP Chair Called Kleiner Partners' Affair A 'Molehill'

    After Ellen Pao, now Reddit's interim CEO, reported her affair with a Kleiner Perkins Caufield & Byers LLC colleague she later claimed sexually harassed her, Kleiner executive and former Hewlett Packard Chairman Raymond Lane told her not to make a “mountain out of a molehill,” he testified Monday in Pao's trial accusing the firm of gender discrimination.

  • March 2, 2015

    9th Circ. Tackles How To Serve Foreign Cos. With Lawsuits

    The Ninth Circuit has agreed to hear a key question over how foreign companies can be served with lawsuits through their U.S. subsidiaries under California law, an issue contested in a $40 million False Claims Act suit against a Kuwaiti contractor.

Expert Analysis

  • 7 Lessons From The Detroit Bankruptcy

    Sean T. Scott

    Detroit came up with a variety of creative fiscal solutions meant to benefit various subsets of its creditors, and, at least for now, it appears to have obtained the bankruptcy court’s blessing for arguably disparate treatment of various creditor constituencies, say attorneys with Mayer Brown LLP.

  • High Court Measures Up Yard-Man In Oral Arguments

    Stuart M. Gerson

    Given the tenor of oral arguments before the U.S. Supreme Court in M&G Polymers USA v. Tackett, it is not unlikely that the Yard-Man presumption will be negated, but also that the literalism sought by both parties will be rejected as well, leaving a fact-specific test where there is ambiguity in a collective bargaining agreement, says Stuart Gerson of Epstein Becker & Green PC.

  • Tax Legislative Outlook For The Lame-Duck Session

    John L. Harrington

    If one takes at face value all of the statements made by members of Congress and interested parties, the lame-duck session will be a complete 180-degree turn in productivity, with Congress quickly settling disputes and finding common ground on issues and legislation where agreement has previously eluded them. Rhetoric aside, lame-duck sessions dealing with expiring tax provisions have become the norm, says John Harrington of Dentons US LLP.

  • Speed Is The Enemy For Employers In NLRB Election Rules

    Robert W. Mulcahy

    The most troubling development coming out of the National Labor Relations Board for private employers is the NLRB's "ambush election" rules, because under them employers will have less time to explain to employees the pros and cons of joining a union, say Robert Mulcahy and Carlos Pastrana of Michael Best & Friedrich LLP.

  • Calif. Employers Must Take Care With Overtime Exemptions

    Jason A. Geller

    California employers bear the burden of proof when asserting that an overtime exemption applies to their employees, which has become particularly important since authorities have been auditing firms that frequently work on prevailing wage jobs — a mistake can be costly and even jeopardize a firm's ability to obtain government contracts, says Jason Geller of Fisher & Phillips LLP.

  • Trends In The Language Of Global Employment Documents

    Ute Krudewagen

    When a multinational corporation is drafting language-specific employment contracts it should consider whether it will provide documents in the local language only, resulting in somewhat shorter and thus easier to administer documents, or in dual language, with the upside being documents can also be read by headquarters, say attorneys at DLA Piper.

  • 4 Years Later, Martinez V. Combs Still Confusing

    Brian D. Lauter

    Two recent decisions by the California Court of Appeal for the Second District highlight the uncertainty surrounding the California Supreme Court's 2010 decision in Martinez v. Combs. Lower courts now seem to consider factors beyond those in Martinez when deciding wage-and-hour class actions, says Brian Lauter of Robins Kaplan Miller & Ciresi LLP.

  • 5 Ways To Uncover Bias During Jury Selection

    Joshua Dubin

    Failing to identify and elicit suppressed biases hinders practitioners’ ability to de-select prospective jurors during jury selection. Five strategies can help mitigate the effects of prospective jurors’ tendency to “self-enhance,” says Joshua Dubin, principal of Dubin Research & Consulting.

  • 6th Circ. Lends Credence To ERISA Venue Selection Clauses

    Nancy G. Ross

    The Sixth Circuit’s recent decision in Smith v. Aegon Companies Pension Plan lends strong support for the prevailing view among district courts that venue selection clauses in Employee Retirement Income Security Act plans are enforceable, say Nancy Ross and Samuel Myler of Mayer Brown LLP.

  • How Senate Without Filibuster-Proof Majority Avoids Gridlock

    William R. Nordwind

    Even without a filibuster-proof majority in the Senate, it is likely to be a very active session for the Republican Congress next year — especially if they take advantage of some key legislative tools available to a congressional majority, say former congressional counsel now with Venable LLP.