• January 14, 2016

    Ky. Gov. Says Exec. Order Nulls His Role In Kim Davis Suit

    Kentucky’s new governor has asked to be removed from Rowan County Clerk Kim Davis’ federal suit against the state over whether she needs her name on marriage licenses, arguing that a December executive order mooted her claims and that the suit is barred by the Eleventh Amendment.

  • January 13, 2016

    Yogi Testifies He Didn’t Sleep With Students, Make Threat

    Yoga guru Bikram Choudhury took the stand Wednesday in a California trial over claims he sexually harassed a former legal adviser and then fired her for refusing to cover up sexual assault allegations, saying he never had sex with teacher trainees and didn’t threaten the ex-adviser.

  • January 13, 2016

    Exxon Refinery Blast Could Have Killed Residents, Feds Say

    ExxonMobil Corp.’s safety-management problems contributed to last year's explosion at the energy giant's refinery in Torrance, California, that injured four workers and threatened the lives of nearby residents, the U.S. Chemical Safety Board said Wednesday.

  • January 13, 2016

    Insurer Says Fed. Law Bans $3M Suit Over Air Ambulance Fees

    An Ohio medical insurance company on Wednesday told a federal court that an air ambulance company's suit in state court trying to collect more than $3 million in fees based on state laws is preempted by federal aviation and employment laws, as the two companies never had a contract. 

  • January 13, 2016

    Cardinals Say Time's Up On Ex-Players' Concussion Suit

    The National Football League's Arizona Cardinals on Tuesday urged a Missouri federal judge to toss a suit brought by two former players alleging the team is responsible for their concussion-caused brain trauma, arguing the suit was years too late.

  • January 13, 2016

    Cos. Can Monitor Workers' Internet Chats, EU Court Says

    The European Court of Human Rights ruled Tuesday that a Romanian company had not breached an employee's privacy rights by reading private Yahoo messenger chats sent during work hours, saying that the monitoring was limited and necessary to determine whether the worker had violated its prohibition on personal Internet usage.

  • January 13, 2016

    Schlumberger Asks Texas Justices To Shield Trade Secrets

    A Schlumberger subsidiary on Wednesday argued to the Texas Supreme Court that it doesn’t have to reveal its trade secrets to rival National Oilwell Varco in the course of litigating a misappropriation of trade secrets case that will give the justices their first chance to shape a recently enacted state law. 

  • January 13, 2016

    Calif. Actuary Settles Tribal Embezzlement Suit

    A California actuary named in a massive racketeering suit involving the gambling operations of the Paskenta Band of Nomlaki Indians has settled the tribe’s allegations on undisclosed terms, according to a Wednesday filing in California federal court.

  • January 13, 2016

    Fla. House Committee Advances Regulations For Ride-Hailing

    A bill aiming to establish state regulations for the operation of ride-hailing services such as Uber Technologies Inc. and Lyft Inc. advanced through the Florida House Economic Affairs Committee on Wednesday, with members asking for some stronger provisions but saying they see a need for the measure.

  • January 13, 2016

    Eli Lilly Shakes Female Sales Reps' Bias Row At 3rd Circ.

    The Third Circuit on Wednesday tossed discrimination and retaliation claims against Eli Lilly & Co., concluding that three former pharmaceutical sales representatives failed to prove a host of allegations ranging from race, sex and disability bias to hostile work environment.

  • January 13, 2016

    Grocery Wholesaler Says Seneca Owes Defense In Injury Suit

    A grocery wholesaler sued Seneca Insurance Co. in New York state court on Tuesday for failing to defend the company in a worker's $1.2 million injury suit, claiming the insurer owed coverage under a freight loading contractor's policy.

  • January 13, 2016

    Cantor Fitzgerald Agrees To Pay $140K In IT Worker OT Suit

    Cantor Fitzgerald Securities Inc. on Wednesday agreed to pay $140,000 to settle claims from a technical support employee who said the company tried to force him and tech support colleagues to sign away their rights to overtime, according to a filing in a New York federal court.

  • January 13, 2016

    TripAdvisor Pushes Chancery To Toss Director Pay Claims

    Travel website TripAdvisor pushed the Delaware Chancery Court on Wednesday to throw out derivative claims over stock compensation worth about $15 million former board member and current Expedia CEO Dara Khosrowshahi got when he left, arguing the ex-director was indeed entitled to the pay.

  • January 13, 2016

    NLRB Asks If Columbia Grad Students Can Unionize

    The National Labor Relations Board on Wednesday asked for input on whether it should revisit its decade-old ruling that graduate student assistants aren’t employees and can’t unionize, making the request as part of a case in which a United Auto Workers-affiliated union seeks to represent students at Columbia University.

  • January 13, 2016

    NLRB Joint-Employer Rule Likely Headed For Appellate Review

    The National Labor Relations Board’s new joint-employer standard is likely headed to an appeals court, after the board's ruling on Tuesday that Browning-Ferris and staffing agency Leadpoint, the parties in the case central to the new standard, unlawfully refused to bargain with the Teamsters.

  • January 13, 2016

    Fired CEO Appeals Verdict In Spector Gadon Malpractice Row

    An ex-CEO enmeshed in a legal malpractice dispute with Spector Gadon & Rosen PC over a $1 million settlement with his former employer indicated Wednesday that he is appealing two Pennsylvania federal court orders — one tossing the suit and the other upholding the firm's win.

  • January 13, 2016

    Carnival Co. Asks 8th Circ. For Retry In Workers' Wage Suit

    Deggeller Attractions Inc. on Tuesday urged the Eighth Circuit to reconsider its recent decision to revive a proposed class action in which carnival guest workers in the H-2B visa program accused the company of breaching promises to pay the prevailing wage.

  • January 13, 2016

    Orioles’ Concession Provider Fights OT Suit Revival

    Food service giant Delaware North urged the Second Circuit on Tuesday to keep closed a collective action brought by a pair of workers at the Baltimore Orioles’ stadium, saying the lower court properly applied a Fair Labor Standards Act exemption that shields seasonal businesses from paying overtime.

  • January 13, 2016

    Wash. State Fines Aerospace Co. $1M After Plant Explosion

    The Washington State Department of Labor and Industries on Tuesday announced $1.3 million in fines against a Zodiac Aerospace U.S. subsidiary it says endangered the lives of 17 workers injured in an explosion on July 14.

  • January 13, 2016

    DC Circ. Backs Finding Of Safety Violations At Mach Coal Mine

    The D.C. Circuit on Tuesday turned aside Mach Mining LLC's challenge of penalties imposed by federal mine safety regulators for violations in its Illinois coal mine, rejecting the company's argument that the violations posed little danger and that it took steps to fix them.

Expert Analysis

  • The State Of DOL's Whistleblower Protection Program

    Matthew S. Stiff

    While substantial room for progress remains, the U.S. Department of Labor's shortcomings in enforcing federal whistleblower protections are largely due to insufficient resources, not a lack of commitment to whistleblowers, says Matthew Stiff of Katz Marshall & Banks LLP.

  • How Estimates Can Miss The Mark On Age Discrimination

    Stephen G. Bronars

    Perhaps due to the Great Recession or the growing share of workers age 40 and over, we have recently seen an increase in allegations of age discrimination in hiring. However, proper analysis of hiring discrimination is complicated by a lack of age information on employment applications and the fact that estimated benchmarks generally do not account for the propensity to be looking for a job, say Stephen Bronars and Nathan Woods of ... (continued)

  • Potential Problems With The California Fair Pay Act

    Allan G. King

    Although the California Fair Pay Act was passed to remedy a perceived gender gap in pay, the statute’s potential effects on the labor market likely will be more sweeping and unrelated to gender issues. The CFPA may require employers to equalize pay between employees performing vastly different jobs and those performing the same job in vastly different labor markets, says Allan King of Littler Mendelson PC.

  • 4th Circ. FCA Statistical Sampling Case Is One To Watch

    Jeanne A. Markey

    Courts have begun to accept statistical sampling not only for damages calculations but also as a means of proving liability under the False Claims Act — a trend that provides the government with a critical tool in ensuring that no fraud is “too big to prove.” The Fourth Circuit's decision in U.S. v. Agape Senior Community will be the first time a circuit court weighs in, say Jeanne Markey and Raymond Sarola of Cohen Milstein Sellers & Toll PLLC.

  • Carjacker’s Use Of Uncle’s Phone Implicates Business Rights

    Daniel Wenner

    A carjacking case out of a district court in Michigan illuminates a potential pitfall in the ubiquitous business practice of issuing to employees company-owned mobile phones and other devices — a pitfall with increased urgency in the wake of the Yates memo, say Daniel Wenner and Kenton Atta-Krah of Day Pitney LLP.

  • Defense Innovations In FLSA Opt-In Collective Actions

    Joseph Kernen

    To quote from Michael Lewis' "Moneyball: The Art of Winning an Unfair Game," if you challenge conventional wisdom, you will find ways to do things much better than they are currently done. Thus for defense counsel, when settling opt-in collective actions under the Fair Labor Standards Act, following the conventional wisdom isn't the best move — it isn't even uniform, say Phillip Wang and Joseph Kernen of DLA Piper LLP.

  • Tackling Intraracial, Transracial Claims Under Title VII

    Roger W. Feicht

    While intraracial discrimination claims have been consistently held as actionable under Title VII of the Civil Rights Act of 1964, the inconsistency among federal courts in their treatment of Title VII claims when there is a misperception regarding a plaintiff's race or national origin is disturbing, says Roger Feicht of Gunster Yoakley & Stewart PA.

  • A Post-Tuomey Future: Huge Stark Law Hospital Settlements

    T. Reed Stephens

    After the government's victory against Tuomey Healthcare System Inc., we have seen more large False Claims Act settlements with hospitals involving Stark Law allegations — relators are even citing as evidence of ongoing recklessness that hospital executives have been emailing articles about the Tuomey case to their staff, say Tony Maida and T. Reed Stephens of McDermott Will & Emery LLP.

  • Employment Counsel Should Keep An Eye On Rule 23

    Gerald L. Maatman Jr.

    Changes to Rule 23 by the Federal Advisory Committee on Civil Rules carry the potential for far-reaching consequences for employers. For example, relaxing the class definition requirements and standards for ascertainability in the early stages of litigation means employers facing class actions will have less information available to make educated settlement and litigation decisions, say Gerald Maatman Jr. and Alex Karasik of Seyfarth Shaw LLP.

  • 5 Things Clients Never Tell Their Lawyers

    Francis Drelling

    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.