Employment

  • September 25, 2014

    NLRB Knocks Co.'s 'Disruption' Rule, Punts On Worker Email

    The National Labor Relations Board said Wednesday that a communications service company's rule against employees creating “disruptions” violated federal labor law, but it stopped short of a broader ruling on whether employees' emails to each other are protected organizing activity.

  • September 25, 2014

    Class Settlement Won't Impact IndyMac Appeal, Justices Told

    A retirement fund and a number of banks including IndyMac Bancorp Inc. and Goldman Sachs & Co. involved in a row over mortgage-backed securities told the U.S. Supreme Court Thursday that an appeal over whether a tolling provision should apply to certain securities suits won't be impacted by a proposed settlement in the underlying class action.

  • September 25, 2014

    EEOC Hits Beer Co. With Hiring Suit Over Rastafarian’s Hair

    The U.S. Equal Employment Opportunity Commission sued North Carolina beer distributor Mims Distributing Company Inc. Thursday for allegedly refusing to hire a man who refused to cut his hair due to his Rastafarian religious beliefs.

  • September 25, 2014

    Pa. High Court Says DEP Can Impose Mine Safety Rules

    The Pennsylvania Supreme Court ruled Wednesday that the state’s Department of Environmental Protection had broad authority to issue orders forcing coal mine operators to adopt specific safety measures, reversing a lower court ruling that favored affiliates of Alpha Natural Resources Inc.

  • September 25, 2014

    Fed. Court Lacks Jurisdiction In Ky. Pension Row, Judge Says

    A Kentucky federal judge on Wednesday ruled that the court lacked subject-matter jurisdiction to declare that Standard Retirement Services Inc. is not liable to Kentucky Bancshares Inc. for defense costs or a $1.3 million judgment in an earlier suit involving a terminated pension fund, while denying Standard's bid to disqualify Kentucky Bank counsel Dinsmore & Stohl LLP. 

  • September 24, 2014

    NFL Wants End To Claims Of 2010 Salary Cap Collusion

    The National Football League on Wednesday called for the end of a suit that was first dismissed in 2012, asking a Minnesota judge to nix players’ claims that teams colluded to stunt salaries during the uncapped 2010 season, saying the case should be closed “once and for all.”

  • September 24, 2014

    Vertex, Gilead Want Poached-Worker Suit Axed After Deal

    Vertex Pharmaceuticals Inc. and Gilead Sciences Inc. asked a Massachusetts federal judge on Wednesday to dismiss a trade-secrets suit accusing Gilead of poaching a high-level Vertex employee with access to confidential data on its soon-to-be-discontinued Incivek hepatitis C drug, after they reached a settlement.

  • September 24, 2014

    3rd Circ. Nixes Ex-Commerce Bank CEO's $17M Parachute

    A Third Circuit panel on Wednesday ruled that Commerce Bank's former CEO is not entitled to an unpaid $17 million severance package, finding the bank was legally barred from paying out the "golden parachute" because it was in a "troubled condition."

  • September 24, 2014

    ‘Outer Limits’ Writer Slams LPL Over Hollywood Ponzi Scheme

    A writer for "The Outer Limits" and other television shows urged a California appellate panel on Wednesday to revive his fraud suit against advisory firm LPL Financial LLC over an $8 million Ponzi scheme by an LPL contractor who targeted entertainment industry professionals, saying LPL should have detected suspicious activity.

  • September 24, 2014

    Armored Vehicle Contractor Wants Renewed FCA Suit Nixed

    A company facing fraud charges over contracts to build armored vehicles for the U.S. military in Iraq asked a Virginia federal court to toss most of the amended claims in a related whistleblower action, arguing the allegations still do not show the company fraudulently induced the contracts.

  • September 24, 2014

    EEOC Sues Call Center, Alleging Egregious Sexual Harassment

    The U.S. Equal Employment Opportunity Commission on Wednesday sued call center operator VXI Global Solutions Inc., alleging in California federal court the company failed to address widespread sexual harassment of both female and male workers and retaliated against employees who complained.

  • September 24, 2014

    Chamber Asks 5th Circ. To Curb Discovery In Katrina FCA Row

    The U.S. Chamber of Commerce on Tuesday urged the Fifth Circuit not to overturn an order limiting discovery in long-running False Claims Act litigation in which two whistleblowers allege State Farm Fire & Casualty Co. submitted fraudulent Hurricane Katrina claims to the National Flood Insurance Program, arguing that further discovery by the plaintiffs is unwarranted.

  • September 24, 2014

    9th Circ. Wants Engineers' Input On $325M Anti-Poaching Deal

    The Ninth Circuit on Monday said a bid from Google Inc. and other tech giants for a quick review of a judge's rejection of their proposed $324.5 million antitrust settlement merited a reply from the engineers who accused the companies of agreeing not to poach one another's employees.

  • September 24, 2014

    Amazon Workers' Atty Says Biz Won't Stop At Exit Searches

    A pending U.S. Supreme Court case that turns on whether former Amazon.com warehouse workers must be paid for time spent on anti-theft security screenings could invite businesses to impose “all kinds of mandatory off-the-clock work” on employees, veteran Supreme Court advocate Eric Schnapper, who represents the plaintiffs, told Law360 in a recent interview.

  • September 24, 2014

    Suit Fighting Release Of Pa. State Worker Info Survives

    The Pennsylvania Commonwealth Court on Wednesday declined to dismiss Treasurer Rob McCord’s lawsuit seeking a declaration that the state's Right To Know Law barred a nonprofit labor reform group's request for the personal information of state employees.

  • September 24, 2014

    LA Greenlights Minimum Wage Hike For Hotel Workers

    The Los Angeles City Council on Wednesday gave its initial approval to a proposal to raise the minimum wage for certain Los Angeles hotel workers to $15.73 per hour, despite concerns raised that the move could hurt existing businesses and new development.

  • September 24, 2014

    Int'l Cable Equipment Shipper Claims Workers Stole Secrets

    Aerodoc Inc., which ships satellite signal decoders around the world for the likes of Fox, ESPN and HBO, has filed suit in Florida state court against three former employees and the rival company it claims they built on stolen trade secrets.

  • September 24, 2014

    Contractor Can Assert Workers' Comp Immunity: Fla. Court

    A Florida appeals court said Wednesday that highway maintenance contractor VMS Inc. could assert workers' compensation immunity in a negligence suit filed by a sub-subcontractor's employee because VMS had fulfilled its statutory duty by securing coverage for its subcontractor.

  • September 24, 2014

    McKenna Long Lures Former Haight Brown Appeals Chief

    McKenna Long & Aldridge LLP has hired the former head of Haight Brown & Bonesteel LLP’s appellate practice who also worked on its product liability, business litigation, employment and government liability practices, the firm announced Wednesday, marking the third partner to join its Los Angeles office this month.

  • September 24, 2014

    EEOC Age Bias Email Survey Didn't Harm Co., Judge Rules

    A Washington, D.C., federal judge said Wednesday that he will toss manufacturer Case New Holland Inc.'s lawsuit over the U.S. Equal Employment Opportunity Commission sending a mass email to its employees asking for age discrimination claims, saying the company hasn't shown how it was injured by the email blast.

Expert Analysis

  • The Hidden Costs Of Spreadsheets In Risk Management

    David Houlihan

    The use of spreadsheets to support compliance and risk management results in slow, manual processes with, among other risks, opportunities for error and difficulty in responding to auditors and regulators. But these consequences are understandable. Rather, the challenge for many organizations lies in determining whether governance, risk and compliance solutions can provide a sufficient improvement to justify the investment, says Da... (continued)

  • Don't Let A Tattoo Or Haircut Become A Liability

    Andria L. Ryan

    Some hospitality employers are hesitant to impose strict dress or appearance guidelines for fear of encroaching on employees’ freedom to express themselves. But a well-written policy can help protect a company’s public image, promote a productive work environment, comply with health and safety standards, and even prevent claims of discrimination and harassment, says Andria Ryan of Fisher & Phillips LLP.

  • Lessons For Contractors From The Medtronic Settlement

    Connie N. Bertram

    Medical device manufacturer Medtronic Inc.'s $9.9 million settlement with the U.S. Department of Justice over alleged promotions and kickbacks to physicians reflects the growing importance of qui tam relator proceedings under the False Claims Act to the government’s enforcement efforts, say Connie Bertram and Daniel Davis of Proskauer Rose LLP.

  • Employers May Be Required To Accommodate Theft Under ADA

    Daniel J. McCoy

    Unusual equitable considerations likely factored into the decision by the U.S. District Court for the Northern District of California in EEOC v. Walgreens. But regardless of the circumstances, the ultimate holding — that an employer’s reliance on a neutral, job-related workplace conduct policy may not insulate it from Americans with Disabilities Act liability — is troubling for employers, say Daniel McCoy and Dan Ko Obuhanych of Fe... (continued)

  • The Purpose Of Proposed Rule 37(e)

    William C. Wagner

    The newly proposed version of Federal Rule of Civil Procedure 37(e) recognizes that the problem of preserving electronically stored information is only going to get worse. One industry expert reported that there will be some 26 billion devices connected to the Internet in six years — more than three for every person on earth, says William Wagner of Taft Stettinius & Hollister LLP.

  • Don’t Let Barko Bite Atty-Client, Work-Product Privileges

    Patrick Linehan

    Commentators have responded swiftly to Barko v. Halliburton Co., condemning it as wrongly decided and warning of its potentially grave impact on company counsel’s ability to conduct comprehensive internal investigations without fear of having to disclose privileged materials to civil plaintiffs or others. Although the D.C. Circuit's decision on KBR Inc.’s writ of mandamus should issue soon, it will likely not mark the end of the st... (continued)

  • Private Employers And Whistleblowing Post-Lawson

    Thomas S. Williamson Jr.

    As future decisions shape the limits of the U.S. Supreme Court's ruling in Lawson v. FMR LLC, some private employers could be off the hook from Sarbanes-Oxley liability for whistleblowing activity. But for many companies, Section 806 is a new reality barring congressional action and will remain a top concern for private employers that enter into long-term contracts providing legal, accounting or other financial services to a public... (continued)

  • Solicitor General Is Wrong On 2 Big FCA Issues In KBR Case

    Douglas Baruch

    In advising the U.S. Supreme Court to deny certiorari in KBR Inc. v. U.S., the solicitor general relied on outdated World War II-era precedent on the question of whether the Wartime Suspension of Limitations Act applies to the civil False Claims Act, and downplayed a direct circuit split on the first-to-file issue. The solicitor general also failed to consider the enormous real-world consequences of these issues, not just for tradi... (continued)

  • Keys To Successful Legal Outsourcing

    Lauren Leonard

    There are hundreds of third-party vendors for legal technology and services, so it’s vital that general counsel and law firms carefully evaluate them on a range of criteria that do not focus on unit price alone, says Lauren Leonard of UnitedLex Corp.

  • Another Victory For Arbitration Agreements In Calif.

    Joshua A. Rodine

    The California Court of Appeal's recent decision in Tiri v. Lucky Chances Inc. suggests that a clear and unmistakable delegation clause in an employment arbitration agreement subject to state law will be enforced provided the clause itself is not unconscionable. Had the state appellate court affirmed a trial court's order dismissing arbitration then delegation clauses in California would have been rendered meaningless, say Joshua R... (continued)