• October 28, 2015

    Papa John’s Worker Asks 11th Circ. To OK Group Arbitration

    A former employee of an Alabama Papa John’s franchise location asked the Eleventh Circuit on Tuesday to let him proceed with collective arbitration of wage claims, arguing that an arbitrator didn't have to enforce a collective action waiver previously rejected by a National Labor Relations Board judge.

  • October 28, 2015

    Penske Seeks Return Of $15M In Pension Plan Payments

    Penske Truck Leasing Co. LLP and a subsidiary asked a Maryland federal court on Tuesday to confirm an arbitrator’s $14.8 million award in a decade-long dispute with a pension fund, arguing that the arbitrator correctly found that Penske was not liable.

  • October 27, 2015

    Amazon Prime Now Drivers Launch Minimum-Wage Class Suit

    Amazon.com Inc. was hit Tuesday in California state court with a proposed class action in which drivers working for the company's new quick-delivery service Amazon Prime Now claim they are misclassified as independent contractors and aren't making the minimum wage.

  • October 27, 2015

    Burns White To Take On Pittsburgh's Dapper Baldasare

    Burns White LLC announced Tuesday that all 11 attorneys from Pittsburgh-based boutique Dapper Baldasare Benson Behling & Kane PC will be joining the firm, bringing new practice area offerings in trucking and insurance litigation while boosting its workers' compensation practice. 

  • October 27, 2015

    All Eyes On DOJ As Novartis FCA Deal Takes Shape

    Novartis AG's tentative settlement Tuesday of kickback allegations for $390 million marked yet another huge False Claims Act payout that wasn't accompanied by punishment for individuals, and any final deal could indicate how aggressively the U.S. Department of Justice will enforce its threats to prosecute Big Pharma management for fraud.

  • October 27, 2015

    NJ High Court Tackles Testimony Limits In Medical Bias Case

    The New Jersey Supreme Court on Tuesday pressed attorneys on both sides of a discrimination case over an employer's alleged failure to reasonably accommodate a worker’s disability to speak about what limitations are placed on the testimony of treating physicians who aren't formally recognized as expert witnesses.

  • October 27, 2015

    NFL Means Business With Clement Pickup In Deflategate Case

    After its attempt to uphold New England Patriots quarterback Tom Brady’s Deflategate suspension in a New York district court fell flat, the NFL has brought in a former U.S. solicitor general and prolific Supreme Court advocate for its appeal, a move experts say shows the league is serious about defending the commissioner’s authority.

  • October 27, 2015

    DOL Says NJ Snack Food Co. To Pay More Than $2M In Wages

    The U.S. Department of Labor said Tuesday that New Jersey-based J&J Snack Foods Corp. has agreed to pay over $2.1 million in back wages and damages to more than 600 workers for denying them minimum wage and overtime pay as required by federal labor law.

  • October 27, 2015

    Helen Of Troy Ex-CEO Says Company Must Foot Legal Bills

    The former CEO of Helen of Troy Ltd., which owns brands like Revlon and Braun, on Tuesday told a Texas appeals court his employment agreement with the company requires it to foot the legal bills for his $60 million suit alleging he was groundlessly fired.

  • October 27, 2015

    Pa. Justices Affirm Order Striking Worker's $2.4M Fall Award

    The Pennsylvania Supreme Court affirmed Tuesday a decision nixing a $2.4 million jury verdict against PPL Electric Utilities Corp. in a liability case filed by a contractor who fell 40 feet while painting the company's electricity poles.

  • October 27, 2015

    House OKs Bill To Delay Contentious DOL Fiduciary Standard

    The U.S. House of Representatives on Tuesday passed legislation to block the U.S. Department of Labor from implementing its contentious fiduciary standard for retirement advisers until the U.S. Securities and Exchange Commission implements a similar standard, ignoring a White House veto threat.

  • October 27, 2015

    McDonald's Says 'Burdensome' NLRB Requests Must Be Nixed

    McDonald's urged a New York federal court Monday to refuse a bid by the National Labor Relations Board's general counsel to obtain additional documents in an underlying action over whether the fast-food chain is a “joint employer” of franchise workers, saying the requests are “the most burdensome in the history of the agency.”

  • October 27, 2015

    Calif. Court Chucks Class Waiver In Trucker Wage Row

    A California appellate court ruled Monday that a putative wage class action lodged by an Air Liquide truck driver can move forward, saying a class waiver in the driver’s arbitration agreement is unenforceable since it is governed by California state law rather than the Federal Arbitration Act.

  • October 27, 2015

    Bankrupt Molycorp Proposes $2.5M Bonus Cap For Execs

    Attorneys for Molycorp Inc. on Monday in Delaware bankruptcy court revealed the rare earth mining company’s revamped incentive plan for its most senior executives, reducing proposed bonuses that could have totaled up to about $2.9 million to about $2.5 million, to placate the current plan’s critics.

  • October 27, 2015

    Dentons Adds Ex-Katten Muchin Employment Pro

    Dentons US LLP said on Tuesday that it has bolstered its employee benefits and executive compensation practice with a new partner from Katten Muchin Rosenman LLP who focuses on mergers and acquisitions and stock ownership plans.

  • October 27, 2015

    Dynamex Drivers Blast Bid To Narrow Potential OT Class

    A group of delivery drivers on Monday balked at same-day shipping company Dynamex’s bid to trim drivers from a potential California class action alleging wage and overtime violations, characterizing as meritless the company’s argument that a contract some drivers signed prevented their participation.

  • October 27, 2015

    Transocean Says 5th Circ. Rightly Nixed Pirate Attack Suit

    A Transocean Ltd. unit urged the Fifth Circuit Tuesday to reject a rehearing bid by an offshore oil rig worker who claims the company is liable for injuries suffered in a 2010 pirate attack, saying a three-judge panel correctly held that it didn't employ the parties responsible.

  • October 27, 2015

    KBR Slams FCA Whistleblower For 'Second-Guessing'

    KBR on Monday blasted a whistleblower's False Claims Act suit alleging it took kickbacks from a Jordanian subcontractor during the Iraq War, arguing in D.C. federal court that the accusations are little more than “second-guessing” of its business practices.

  • October 27, 2015

    NLRB Won't Review Exclusion of Late Union Election Ballots

    The National Labor Relations Board has declined to review a decision to exclude ballots in a United Food and Commercial Workers-affiliated union election, issuing a mixed ruling that ballots mailed in before a deadline, but received after, are ineligible to be counted.

  • October 27, 2015

    Whistleblower Nears $4.5M Win In Va. Medicaid Fraud Suit

    A whistleblower has moved closer to winning at least $4.5 million in a False Claims Act suit alleging a health care provider defrauded Virginia and the U.S. by submitting false Medicaid claims for almost two years, with a magistrate judge recommending Monday that the district court award treble damages.

Expert Analysis

  • Corporate Reputation Management Vs. Employee Privacy

    Kara Lyons

    Information posted by or about an employee can have a deeply negative impact on a company’s image. Companies are responding by more carefully monitoring employees, but there are substantial limits and risks when an employer monitors and acts on the basis of employee activity on social media, say Rob Kilgore of Absio Corporation and Kara Lyons and Nicole Truso of Faegre Baker Daniels LLP.

  • Managing A Company's Internal Environmental Investigation

    Rob Van Walleghem

    Unless corporate policy is absolute, in-house counsel should advocate for use of the work-product privilege when conducting U.S.-based internal investigations. A company can always choose to waive the privilege if it decides to disclose its finding to the government — but it loses that option if it never invokes the privilege in the first place, say attorneys at Alston & Bird LLP and Tervita Corp.

  • Reading Between The Lines Of San Francisco's Retail Rules

    Joanne A. Buser

    Certain provisions to San Francisco's Retail Workers Bill of Rights may unnecessarily expose an employer to disparate treatment claims for failure to offer additional work or failure to promote a part-time employee, and consistent criteria should be used to minimize the impact of these risks to covered employers, says Joanne Buser of Paul Plevin Sullivan & Connaughton LLP.

  • IRS To Significantly Trim Determination Letter Program

    Maria P. Rasmussen

    The IRS is eliminating the staggered five-year determination letter remedial amendment cycles for individually designed tax-qualified retirement plans. As a result, some employers may decide to switch to plans that are preapproved by the IRS, which typically limit design choices, say Maria Rasmussen and Allison Tanner of McGuireWoods LLP.

  • The Proposed Best Interest Contract Exemption: Part 3

    Susan Krawczyk

    Some broker-dealers may choose to develop a separate customer platform for retirement investor accounts in order to comply with the U.S. Department of Labor's proposed best interest contract exemption, rather than subject all of their retail customer accounts to the same rules. The more formidable challenge, though, will likely be the fee and compensation disclosure requirements, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

  • Sexual Orientation Discrimination, Title VII And The EEOC

    Howard Fetner

    Though the U.S. Equal Employment Opportunity Commission recently ruled that a claim of discrimination on the basis of sexual orientation falls under Title VII, the decision is not binding on private employers. However, the EEOC is likely to seek to apply the decision to private employers by bringing enforcement actions around the country, says Howard Fetner of Day Pitney LLP.

  • 9th Circ. Confirms FCA Relator's Conviction Bars Recovery

    Suzanne Jaffe Bloom

    U.S. v. CH2M Hill was a matter of first impression in the Ninth Circuit, and the court’s recent holding is consistent with prior decisions from the Sixth and Eighth Circuits that have noted that relators who have been convicted for their participation in the fraud are not entitled to any recovery, say Suzanne Jaffe Bloom and Mollie Richardson of Winston & Strawn LLP.

  • Understanding The SEC's Compensation Clawback Proposal

    Alessandra K. Murata

    To the extent classified as an executive officer, a listed company's general counsel will be subject to potential clawback under the recently proposed compensation recovery rules. The rules would apply to all incentive awards granted to these executive officers, including awards granted at a time when the individual was not serving as an executive officer, say Alessandra Murata and Neil Leff of Skadden Arps Slate Meagher & Flom LLP.

  • Paging Providers, CMS Changes To Stark Law May Help You

    Linda A. Baumann

    The Centers for Medicare and Medicaid Services' proposed rule to simplify compliance with the Stark Law could benefit providers tremendously since the law is a strict liability statute and is increasingly being used by both whistleblowers and the government to impose multimillion-dollar judgments and settlements on hospitals and other health care providers, say attorneys at Arent Fox LLP.

  • The Proposed Best Interest Contract Exemption: Part 2

    Susan Krawczyk

    In light of the U.S. Department of Labor's proposed best interest contract exemption guidance, a broker-dealer might decide to exclude transactions in retirement investor accounts from incentive or bonus programs offered to its brokers, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.