Employment

  • August 5, 2014

    Wash. Appeals Court Affirms Trucker's Discrimination Suit

    A Washington state appellate court on Monday ruled that freight company Northland Services Inc. could be held liable for terminating an independent truck driver’s contract in retaliation for reporting discrimination, affirming a lower court’s $600,000 award to the trucker.

  • August 5, 2014

    2nd Circ. Won't Hear Appeal Of HealthBridge Contempt Order

    The Second Circuit on Tuesday refused to take up a health care center management company's appeal of an order that it flouted an injunction to reinstate pay and benefits to aggrieved workers, saying that multiple appeals, including one in bankruptcy court, should be heard first.

  • August 5, 2014

    National Penn Says Ex-Workers Took Client Info To New Co.

    National Penn Bank sued Financial Telesis Inc. in Pennsylvania federal court Monday, accusing the company of helping to craft the exodus of several National Penn employees at a bank affiliate that provides advisory services.

  • August 5, 2014

    Amazon Class Says Security Checks Like Washing Boss' Car

    Amazon.com Inc. warehouse workers told the U.S. Supreme Court on Monday that time spent going through mandatory security checks is compensable under federal labor law, arguing that forcing staff to wait in long security lines is similar to forcing workers to mow their employer's lawn after the end of their shifts.

  • August 5, 2014

    CarMax Workers Say PAGA Claims Can't Be Arbitrated

    Plaintiffs in a federal putative wage class action against CarMax Auto Superstores California LLC pushed back Monday against accusations they were avoiding an arbitration order by filing new state claims, saying the state claims could not be arbitrated after the California Supreme Court’s landmark Iskanian decision.

  • August 5, 2014

    TWC Employees Lose Class Cert. Bid In Wage Dispute

    A California federal judge on Monday denied certification to a proposed class of hundreds of Time Warner Cable Inc. customer service employees who alleged the telecommunications giant issued inaccurate pay statements and insufficient overtime, ruling the named plaintiff isn't typical of the class. 

  • August 5, 2014

    Older Claims Cut From Red Lobster Sexual Harassment Suit

    A Maryland federal judge trimmed older claims from a sexual harassment suit brought against a Red Lobster operator by the U.S. Equal Employment Opportunity Commission on Monday, ruling that claims for people who may have been harassed exclusively before February 2010 were barred.

  • August 5, 2014

    Baker & Hostetler Ex-Secretary Sues Over Disability Firing

    Baker & Hostetler LLP was hit with a wrongful termination suit in California court on Monday by a former legal secretary who accused the firm of firing her for being disabled instead of engaging in “good faith” talks to reasonably accommodate her.

  • August 4, 2014

    9th Circ. Axes Crystal Cathedral Founder's $5M Comp Claim

    The Ninth Circuit on Monday denied Crystal Cathedral Ministries founder Dr. Robert H. Schuller's $5 million compensation claim in the church's bankruptcy, ruling he was entitled to only one-year's compensation under an employment agreement written when he stepped down as senior pastor.

  • August 4, 2014

    Community Health To Pay $98M To Resolve 7 FCA Suits

    Community Health Systems Inc. has agreed to pay $98.15 million to resolve seven whistleblower False Claims Act lawsuits accusing the acute-care hospital giant of overbilling government programs for inpatient services that should have been billed as outpatient or “observation” services, the U.S. Department of Justice announced Monday.

  • August 4, 2014

    LinkedIn Pays Almost $6M To Workers After Labor Probe

    LinkedIn Corp. has paid nearly $6 million in overtime back wages and other damages to hundreds of current and former employees in California, Illinois, Nebraska and New York, after the U.S. Department of Labor notified the company of Fair Labor Standards Act violations, LinkedIn confirmed Monday.

  • August 4, 2014

    3rd Circ. Backs Kraft In Racial Discrimination Row

    A Third Circuit panel on Monday upheld Mondelez Global LLC’s victory against a former Kraft Foods Group Inc. employee’s racial discrimination suit, ruling that the ex-regional sales manager failed to show how his geographic assignments were racially motivated.

  • August 4, 2014

    Capital One Strikes $3M Settlement In Managers' OT Row

    A New York federal judge on Friday gave preliminary approval to a $3 million settlement of a putative class suit with New York, New Jersey and Maryland subclasses that accused Capital One NA of denying assistant branch managers proper overtime.

  • August 4, 2014

    Big Biz Must Tread Lightly On Health Insurance Pay Caps

    Large employers and health insurers are quickly expanding efforts to cap payments for expensive medical procedures and leave policyholders liable for excess costs, helping to control premiums but also potentially undermining consumer protections unless greater transparency is put in place, experts say.

  • August 4, 2014

    Stock Owners Not Liable Successors In VistaCare FCA Row

    A Texas federal judge dismissed with prejudice most of the claims brought by former Vista Hospice Care Inc. employee Misty Wall over an alleged Medicaid fraud scheme, ruling Monday that the companies that now own VistaCare's equity cannot be made successors in liability.

  • August 4, 2014

    SEC Settles With Agency Atty Over Madoff Documents

    The U.S. Securities and Exchange Commission has settled a lawsuit by an agency attorney seeking documents related to its failure to uncover the massive Bernie Madoff Ponzi scheme, according to a Monday court filing.

  • August 4, 2014

    Tax Court Snubs Whistleblower's Push For Award

    The U.S. Tax Court said Monday that a whistleblower who gave the government information about two Swiss bankers during a tax evasion investigation cannot rely on Internal Revenue Service emails as a determination of his award eligibility because they didn’t provide a concrete answer.

  • August 4, 2014

    Trane To Settle Bias Claims Over Firing Of Pregnant Worker

    Ingersoll Rand subsidiary Trane U.S. Inc. will pay to settle discrimination claims over the firing of a pregnant woman, New Jersey Attorney General John J. Hoffman and the Division of Civil Rights said Monday. 

  • August 4, 2014

    Fed. Gov't Violated FLSA During Shutdown, Judge Says

    The U.S. Court of Federal Claims has ruled that the U.S. government had violated the Fair Labor Standards Act when it failed to pay some government workers on time during October's partial government shutdown brought on by a congressional impasse over the budget.

  • August 4, 2014

    Fla. Judge Says State Must Recognize Out-Of-State Gay Union

    A third Florida judge has now deemed the state's ban on same-sex marriage unconstitutional in a ruling handed down in Broward County on Monday that said Florida must recognize a Vermont civil union and allow it to be dissolved.

Expert Analysis

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice pres... (continued)

  • Employers: Take Care In Crafting Confidentiality Clauses

    Christopher V. Bacon

    Employers are often surprised to learn that policies explicitly prohibiting employees from discussing salaries are in violation of Section 7 of the National Labor Relations Act, as was recently affirmed in Flex Frac Logistics LLC v. NLRB. However, employers are still entitled to take precautions in order to protect their confidential proprietary information and trade secrets from disclosure by their employees, say Christopher Bacon... (continued)

  • Calif.'s Prevailing Wage Law Will Punish The Noncompliant

    Jeremy C. Wooden

    California’s prevailing wage law may not be the oldest in the country, but it may be the most complex, evolving and litigated. The penalties for contractors and subcontractors who fail to comply with California's law have grown costlier — noncompliance risks up to a three-year ban on the bidding of public works projects in the state, says Jeremy Wooden of Foley & Lardner LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Ill. High Court Holds The Line On Employee Classification

    Michael G. Congiu

    The Illinois Supreme Court recently rejected a constitutional challenge to the Illinois Employee Classification Act from a roofing contractor on the grounds that the law violates procedural due process rights and is impermissibly vague. The court's move confirms the ECA's continued vitality, but it does not resolve other issues sure to arise in future litigation, including whether an employee is "performing services" under the law,... (continued)

  • Reading Between The Whistleblower Headlines

    Shanti Atkins

    The meteoric media rise of the “celebrity” whistleblower has shone a spotlight on the practice, with personalities such as Chelsea Manning and Edward Snowden dividing public opinion on the ethics of spilling secrets. But organizations should pay close attention to the surge in this trend beyond the headlines. Remember, whistleblowers don’t need to be popular to be effective, and opinions on their motives and morality are entirely s... (continued)

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Lawful Firings In NY May Hinge On 'Interactive Process'

    Courtney Stieber

    William Jacobsen v. New York City Health and Hospitals Corp. makes clear that, in order to escape trial and prevail on summary judgment, an employer generally must present evidence that it engaged in the "interactive process" regarding employee-requested accommodations. The decision solidifies a line of recent appellate decisions on an employer’s obligations toward disabled employees, say Robert Whitman and Courtney Stieber of Seyfarth Shaw LLP.

  • DC Court Applies Common-Sense Limits To Davis-Bacon Act

    Eric Leonard

    A D.C. federal court recently rejected the U.S. Department of Labor's novel application of the Davis-Bacon Act to a privately funded construction project. The ruling sets an important limitation as government agencies become increasingly creative in putting surplus real estate to use and private companies similarly look for more creative infill development opportunities, say Eric Leonard and Craig Smith of Wiley Rein LLP

  • Will Dodd-Frank’s Diversity Mandates Go Far Enough?

    Doreen E. Lilienfeld

    Section 342 of the Dodd-Frank Act and recent diversity standards proposed by regulated agencies may impact employment and recruiting practices, but it is unclear whether they will actually lead to greater diversity and inclusion at financial services institutions. To begin with, there is no enforcement mechanism under Section 342, and the proposed standards do not mandate reporting, disclosure or other specific actions, say Doreen ... (continued)