Employment

  • June 24, 2014

    Unions Say Court Can Overrule Christie In NJ Pension Row

    The New Jersey workers' unions challenging Gov. Chris Christie's proposal to cut $2.4 billion from public pension contributions argued the court has the authority to order Christie to make the payments without violating the separation of powers doctrine, according to a reply brief filed Monday.

  • June 24, 2014

    W.Va. Disability Care Provider Didn't Pay OT, DOL Says

    The U.S. Department of Labor sued a provider of services for the intellectually and developmentally disabled in West Virginia on Tuesday for failing to pay workers a premium rate for overtime hours, faulting the defendant for paying the workers as if they were exempt from overtime.

  • June 24, 2014

    Post-Halliburton Costs May Drive Shift In D&O Coverage

    In the wake of the U.S. Supreme Court's Monday decision giving defendants in securities class actions a fighting chance at defeating class certification, one directors and officers insurance carrier is attempting to quell fears about the one thing securities attorneys say they expect to increase the most: upfront costs.

  • June 24, 2014

    Lufthansa Unit Misclassified Workers To Avoid OT, Suit Says

    A Deutsche Lufthansa AG unit was sued Tuesday in Maine federal court by a putative class of employees who say they were incorrectly classified as independent contractors and improperly denied overtime.

  • June 24, 2014

    NCAA Pay Could Mess With Athletes' Heads, Top Official Says

    Student athletes may be too young to understand the consequences of being paid to license their personas, the head of the National Collegiate Athletic Association’s Southeastern Conference testified Tuesday in the athletes' class action trial alleging the NCAA's pay ban violates antitrust laws.

  • June 24, 2014

    Toyota Unit Says Former Engineer Stole Trade Secrets

    Toyota’s forklift manufacturing unit hit one of its former design engineers with a suit on Tuesday in Indiana federal court, accusing him of breaching his employment contract by taking design secrets with him to work for a competitor.

  • June 24, 2014

    CareOne Says Union Blocked It From Deposing Dying Witness

    CareOne LLC last week asked a New Jersey federal court to sanction a Service Employees International Union group for alleged spoliation of evidence, claiming the union blocked access to a cancer-stricken official until he died to prevent CareOne from deposing him in its racketeering suit.

  • June 24, 2014

    Tenet, HMA Can't Duck Feds' FCA Kickback Suit

    A Georgia federal judge on Tuesday rejected Tenet Healthcare Corp. and Health Management Associates Inc.'s bid to dismiss a False Claims Act suit alleging they paid kickbacks for referrals of pregnant immigrants, saying a whistleblower sufficiently alleged the hospitals knew they were violating Medicaid rules.

  • June 24, 2014

    Ex-Mylan VP Says He Was Axed Over Cephalon Whistleblowing

    The former vice president of marketing at Mylan Inc. launched a lawsuit against the company in Pennsylvania federal court Tuesday, contending he was fired for his role in an earlier False Claims Act suit against Cephalon Inc.

  • June 24, 2014

    EEOC Goes After Massage Envy For Firing Pregnant Worker

    The U.S. Equal Employment Opportunity Commission on Monday sued a North Carolina-based Massage Envy franchise, alleging in federal court that the spa illegally fired a female employee after learning she was pregnant.

  • June 24, 2014

    1st Circ. Told Class Arbitration Not Courts' Business

    Whether an arbitration agreement allows a worker to pursue class proceedings should be decided by an arbitrator, not a court, a former 99 Restaurants LLC server told the First Circuit Tuesday, assailing 99 Restaurant LLC's' bid to force individual arbitration of her wage claims.

  • June 24, 2014

    Miami Beach, Orlando Support Fla. Gay Marriage Suits

    The cities of Miami Beach and Orlando on Monday put their support behind two lawsuits challenging Florida's ban on same-sex marriages, filing motions to file amicus curiae briefs in favor of overturning the current law.

  • June 24, 2014

    Johnson Controls Pays $2.8M To Settle PAGA Class Action

    Auto parts giant Johnson Controls Inc. will pay $2.8 million to settle a putative class action and Private Attorneys General Act suit with 1,441 current and former California employees who allege the company withheld vacation wages and committed other labor violations, according to a settlement motion filed Monday.

  • June 24, 2014

    MCB Nabs Employment Pro From Littler For Practice Group

    Martin Clearwater & Bell LLP has lured a partner from Littler Mendelson PC to head its employment and labor practice group, the firm announced Monday, adding an attorney with over 20 years of experience in employment law to its ranks.

  • June 24, 2014

    Kellogg Can't Shake Suit Over Memphis Worker Lockout

    A Tennessee federal judge on Monday rejected a bid by Kellogg Co. to toss a suit by the National Labor Relations Board that seeks to force the food manufacturer to reinstate 225 employees who have been locked out of its Memphis, Tennessee, plant since October.

  • June 24, 2014

    Philly-Based Developer Sued By Ex-Execs Over Commissions

    Five former executives at Philadelphia-based global real estate developer Binswanger Management Corp. sued the company in Pennsylvania state court Tuesday, alleging that it failed to pay them hundreds of thousands of dollars in commissions.

  • June 24, 2014

    Two Whistleblowers Cut Out Of $193M Endo Settlement

    A Pennsylvania federal court ruled Monday that only one of three whistleblowers can take a portion of Endo Pharmaceuticals Inc.'s $193 million settlement with the U.S. Department of Justice over the off-label marketing of the pain-relief patch Lidoderm, saying only the first to file suit is entitled to the award.

  • June 24, 2014

    DC Circ. Revives US Airways Pilots' Bid For Class Cert.

    The D.C. Circuit on Tuesday reversed a denial of class certification for a group of former U.S. Airways Group Inc. pilots accusing the airline's pension plan trustee of taking too long to hand out lump-sum benefits, finding that the plaintiffs were not required to exhaust their internal remedies because they had alleged a statutory violation.

  • June 24, 2014

    Kaufman Dolowich Picks Up Ex-AIG Insurance Pro In NY

    Kaufman Dolowich & Voluck LLP has added a seasoned insurance litigator from American International Group Inc. with a strong background in bad faith claims and employment practices liability to serve as a partner in its New York City office, the firm announced Monday.

  • June 24, 2014

    NLRB Agenda Threatens Employers, Lawmakers Told

    The National Labor Relations Board's review of cases involving employer email policies and joint employment standards could reverse decades of precedent and create uncertainty for employers, management-side labor lawyers said Tuesday at a congressional hearing.

Expert Analysis

  • When Employees Are Fired For Social Media Comments

    Richard Raysman

    The decision by an employer to terminate an employee based on conduct or speech on Facebook has led to a plethora of litigation — including First Amendment retaliation suits. Though these suits have been largely unsuccessful, at least one circuit court held that retaliation as a result of expressive speech communicated via Facebook is sufficient evidence for a jury to find a violation of the First Amendment, says Richard Raysman of... (continued)

  • Calif. Representative Actions May Need To Satisfy Rule 23

    Kelly M. Morrison

    Faced with a representative claim under California’s Private Attorney General Act in federal court, employers, in light of recent rulings, may be able to persuade a court to grant a motion to dismiss on the ground that Rule 23 requirements have not been adequately alleged. Employers served with such claims in state court may also want to consider removal to federal court, say attorneys at Jenner & Block LLP.

  • 9th Circ. Lowers Bar For Sexual Harassment Claims

    Yvette Davis

    Under current California law, a jury is not required to find that sexual harassment was motivated by sexual desire. Accordingly, employers should not look at the motivations behind comments or conduct. Instead, they should see whether the individual’s sex was used to create a hostile working environment, say attorneys at Haight Brown & Bonesteel LLP.

  • The Never-Ending Debate Over Health Care Narrow Networks

    Elizabeth Johnson

    Eleven years after the U.S. Supreme Court upheld Kentucky's any willing provider law against an Employee Retirement Income Security Act preemption challenge we are still debating narrow networks. It is still unclear what AWP states will do about narrow networks offered on the Affordable Care Act's exchange — time will tell if they will face the same legal challenges, says Elizabeth Johnson of Stites & Harbison PLLC.

  • Semiconductor Birth Defect Cases Keep Unraveling In Del.

    Perlette M. Jura

    Taken together, four recent Delaware decisions provide more challenges to plaintiffs in birth defect suits targeting semiconductor manufacturers and demonstrate that the novel theories and arguments presented by plaintiffs’ counsel in these cases clash with critical traditional tort law principles, say attorneys at Gibson Dunn & Crutcher LLP.

  • Best Practices For Corporate Internal Investigations

    Bryan D. Daly

    Scenarios that could trigger an internal investigation include a subpoena from a government agency seeking records and indicating a criminal investigation is underway for violations of insider trading, tax laws or fraud. In such cases, it is important for the company’s investigation to stay a step or two ahead. Consider the need for retaining separate counsel for certain employees and determine how to deal with third parties and fo... (continued)

  • 6th Circ. Weakens Arbitrary And Capricious ERISA Review

    Michael W. DeWitt

    The Sixth Circuit, in its recent decision in McClain v. Eaton Corp Disability Plan, took pains to dial back the effects of Cozzie v. Metropolitan Life Insurance Co. At a minimum, the court made it clear that administrators are due “extreme deference” and that their decisions under the arbitrary and capricious standard of review must be upheld as long as they are the result of a principled reasoning process and are supported by subs... (continued)

  • How To Create A Data-Safe Employee Device Policy

    Daniel Garrie

    Many employees today prefer to bring their own mobile phone, tablet or laptop to the office to have 24/7 access to their work, a phenomenon known as "Bring Your Own Device." While most companies purchase anti-virus software for their computers, it seems logical, then, to extend that policy to other mobile devices because protecting employee devices provides insurance for the company too, says Daniel Garrie of Law & Forensics.

  • ADR: A Silver Lining In The Legal Industry’s New Normal

    Chris Poole

    The economy has had a marked impact on the alternative dispute resolution industry, but much of that impact comes directly from the new dynamics between law firms and their clients. ADR providers have been keen observers of these trends and are learning to react creatively. It’s not all a bed full of roses from the ADR side, but there have been some positive changes, says Chris Poole of JAMS.

  • Tips For Telecommuting Policies And Unpaid Internships

    Jeffrey R. Elkin

    Creating a written policy and designating a human resources representative to monitor telecommuting employees and unpaid interns are worthwhile efforts to prevent an employment-related lawsuit and all the bad publicity that comes with one, say attorneys at Porter Hedges LLP.