Employment

  • November 10, 2016

    Mich. Health Insurance Tax Faces High Court Appeal

    The Self-Insurance Institute of America has asked the U.S. Supreme Court to hear its challenge to Michigan's tax on health insurance plans, arguing that the Sixth Circuit's conclusion that the tax escapes Employment Retirement Income Security Act preemption conflicts with the high court's ruling in a similar case.

  • November 10, 2016

    What Happens To ACA Challenges Still In Court?

    It is not yet clear what a Donald Trump administration will ultimately mean for health care in the country, but his policy statements regarding the Affordable Care Act shed light on what might become of ongoing lawsuits surrounding the legislation.

  • November 10, 2016

    Hospital Fights To Keep AT&T In ERISA Benefit Offset Suit

    A Texas hospital on Wednesday blasted an attempt by AT&T Services Inc. to throw out an Employee Retirement Income Security Act lawsuit alleging AT&T had schemed with United HealthCare Services Inc. to embezzle benefits payments.

  • November 10, 2016

    Prime Healthcare Hit With Age Bias Suit From Ex-NJ Nurses

    California-based hospital chain Prime Healthcare Services Inc. has been slapped with a discrimination lawsuit in New Jersey state court from three former nurses alleging that they were fired at a New Jersey hospital earlier this year because of their ages.

  • November 10, 2016

    Biller Says NY Medicaid FCA Suit Fails Under Escobar

    The federal government’s False Claims Act suit against New York City and its authorized Medicaid biller should be dismissed for failing to meet the U.S. Supreme Court’s Escobar standard, as the government chose to reimburse the allegedly false claims even after it knew about a questionable payment agreement, the biller said Wednesday.

  • November 10, 2016

    Split 5th Circ. Says Texas Justice Can Face Retaliation Suit

    A split panel of the Fifth Circuit Court of Appeals on Wednesday ruled that the chief justice of a Texas appellate court isn't immune from retaliation claims brought by a man who alleged the justice blocked him from being hired as a law clerk after he reported possible ethical violations committed by the justice.

  • November 10, 2016

    McDonald's Franchisees To Pay $103K In HIV Firing Suit

    The owners of a Bentonville, Arkansas McDonald’s franchise sued by the U.S. Equal Employment Opportunity Commission for allegedly firing an employee for being HIV positive agreed Wednesday to pay $103,000 to settle the litigation in Arkansas federal court.

  • November 9, 2016

    Ex-Berkeley Law Dean Loses Bid To Halt Disciplinary Actions

    A California federal judge on Wednesday refused to halt sexual harassment disciplinary proceedings of the former University of California, Berkeley School of Law dean who is suing the school for discrimination, saying the court doesn't have a strong enough reason to interfere in the process.

  • November 9, 2016

    State Minimum Wage Proposals Could Spike Under Trump

    Lost in the midst of President-elect Donald Trump’s astonishing electoral victory Tuesday night were a handful of state ballot initiatives that resoundingly increased minimum wages and expanded the availability of paid sick leave, a trend that experts say could be accelerated in the absence of federal action by the new Republican-led Congress.

  • November 9, 2016

    DNC Hit With Overtime Class Action By Pa. Campaign Workers

    The Democratic National Committee and Pennsylvania Democratic Committee failed to pay overtime to campaign organizers who often worked up to 80 or 90 hours per week in voter registration and engagement efforts, a proposed collective and class action in Pennsylvania federal court alleged Wednesday.

  • November 9, 2016

    Altegrity Subsidiary Wants To Bar False Report Claim

    A subsidiary of security screening firm Altegrity Inc. told a Delaware bankruptcy court judge Wednesday that the automatic stay of litigation in effect in the company’s Chapter 11 case should extend to a subsidiary accused of providing false background check reports.

  • November 9, 2016

    Mineral Co. Says DC Circ. Should Reinstate Non-Compete

    The National Labor Relations Board employed crafty language to get around the D.C. Circuit’s looser test for deciding whether a collective bargaining agreement allowed a mineral products company to make new hires sign a non-compete agreement without consulting a union, the company told the appeals court Wednesday.

  • November 9, 2016

    8th Circ. Asked Not To Revive Gender Surgery Bias Suit

    Insurer HealthPartners Inc. and health care provider Essentia Health have each urged the Eighth Circuit to uphold the dismissal of a Minnesota nurse's gender bias lawsuit over Essentia, her employer, providing insurance that denied coverage for her son’s gender reassignment surgery and related prescriptions, saying the case was properly dismissed.

  • November 9, 2016

    6th Circ. Affirms Hantz's $2.6M Employee Theft Coverage Loss

    The Sixth Circuit on Wednesday upheld a lower court's ruling denying Hantz Financial Services Inc.'s bid for coverage from two AIG units for losses stemming from a former employee's $2.6 million theft of client funds, holding that Hantz's claims were either filed too late or did not fall within the scope of its policies.

  • November 9, 2016

    9th Circ. Won't Rehear Revival Of LAX Union Removal Suit

    A Ninth Circuit panel Tuesday refused to revisit its September ruling that revived a lawsuit filed by a union representing workers at Los Angeles International Airport against Aviation Safeguards over efforts to remove the labor representative.

  • November 9, 2016

    11th Circ. Won't Revisit Ga. Worker's Joint Employer Appeal

    The full Eleventh Circuit on Wednesday decided not to rehear an employment discrimination suit by a retired investigator for a Georgia district attorney’s office who alleged he was paid less than a female colleague and targeted his allegations against the county as his purported "joint employer."

  • November 9, 2016

    Pfizer Slams Appeal In Off-Label FCA Case In 1st Circ.

    Two former sales reps failed to present evidence Pfizer used kickbacks to push off-label uses of an antipsychotic drug despite having ample opportunity to present their case, the pharmaceutical company said Tuesday in a brief urging the First Circuit to toss the workers' False Claims Act suit.

  • November 9, 2016

    NLRB Tells Parts Maker To Revise Faulty Handbook Rules

    A maker of precision machine products violated the National Labor Relations Act by firing a worker for warning a colleague about his imminent firing and maintaining two rules that could be read to chill protected speech, a split National Labor Relations Board panel ruled Tuesday.

  • November 9, 2016

    Employment Status Ruling Sought In Haitian Farmworker Row

    A class of Haitian workers accusing a Florida blueberry farm of origin-based discrimination asked a federal judge on Tuesday to rule that the farm was their employer under the law, pointing to prior admissions that the company hired them and evidence that it handled employer responsibilities.

  • November 9, 2016

    United Seeks Quick Win In Pay Statement Class Action

    United Airlines asked a California federal judge Wednesday for a quick win over a class of around 5,000 flight attendants who accuse the airline of violating state wage statement laws, saying they don't spend enough time in the state for its labor laws to apply.

Expert Analysis

  • The Rift Over Mandatory Class Action Waiver Enforceability

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    The recent ruling by the Ninth Circuit in Morris v. Ernst & Young LLP presents more conflicting news for employers in the ongoing saga over the enforceability of mandatory class action waivers, says Brian Mumaugh of Holland & Hart LLP.

  • The Internet Of Things: Don't Forget Your Employees

    William J. Barath

    As technological advances continue to increase the amount of private information available to employers, they must take care to protect that information from data breaches and train employees to handle the information responsibly. Furthermore, employers should understand how various privacy and discrimination laws apply to the "internet of things," says Bill Barath of Ice Miller LLP.

  • Will 'Dr. Bull' Affect Actual Jurors?

    Roy Futterman

    Could a fictional television show based on the former career of Dr. Phil have a lasting impact on our jury system? We are about to find out. In September, a major network will have a high-profile premiere of a series about a brash jury consultant called “Dr. Bull,” says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • Subway's Novel Approach To Averting Wage And Hour Claims

    Gregory V. Mersol

    In a unique approach to encouraging Fair Labor Standards Act compliance by its franchisees, Subway recently entered into an agreement with the U.S. Department of Labor. On its face, the agreement seems to give everyone something by stepping up compliance training and support; however, use of the agreement may have less than the desired effect, says Gregory Mersol of BakerHostetler.

  • Labor Day Origins: Examining US And Canada Labor Laws

    Ryan H. Vann

    Labor Day is not only a day for barbecues and parades, it marks the social and economic achievements of U.S. and Canadian workers obtained through collective organizing. As we prepare to celebrate Labor Day, attorneys at Baker & McKenzie LLP outline the current labor law framework and recent employment law trends in the U.S. and Canada.

  • OSHA's Insufficient Approach To Improving Workplace Safety

    Lawrence P. Halprin

    Recently the Occupational Safety and Health Administration has promulgated new regulations and interpretations to expand its enforcement authority. However, its punitive approach to improving workplace safety and health has negatively impacted employers’ views of the agency and is at best ineffective and at worst a significant waste of time, money and resources, say attorneys at Keller and Heckman LLP.

  • Banks Must Prepare To Change Common Pay Practices

    Mark Jones

    Earlier this year, six federal regulatory agencies proposed regulations that would expand the scope of existing restrictions on incentive compensation at banks and other financial institutions. These changes are likely to have unfavorable tax and accounting consequences and would thwart standard equity compensation programs, says Mark Jones of Pillsbury Winthrop Shaw Pittman LLP.

  • Reconciling The Practice With The Business Of Law

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    The tension between practicing law and managing the firm is giving way to the realization that the latter had been largely overlooked, meagerly funded, and often underappreciated, says Dr. James Bailey, a professor at George Washington University School of Business and the keynote speaker at the Legal Marketing Association Southeast conference in September.

  • What To Know About New Fair Pay And Safe Workplaces Rule

    Joshua F. Alloy

    The recently released Fair Pay and Safe Workplaces rule will become effective and begin phase-in on Oct. 25, 2016, and will affect most current and future government contractors and subcontractors with contracts valued at more than $500,000. Attorneys at Arnold & Porter LLP highlight some of the key changes.

  • REBUTTAL: Establishing Standards And Norms In Mediation

    William A. Ruskin

    A recent Law360 guest article asks whether by signing a mediation confidentiality agreement a lawyer surrenders the power to protect his client against inappropriate mediation conduct. The short response to this concern is that parties to a mediation should refuse to execute such an agreement that removes all future recourse against the mediator, no matter how egregious the mediator’s actions, says William Ruskin of Gordon Rees Scu... (continued)