Employment

  • August 22, 2014

    Madoff Judge Denies Benefit Plan Investors' SIPA Claims

    A New York bankruptcy judge ruled Friday that more than 300 individual investors who funneled money into Bernard L. Madoff's Ponzi scheme indirectly through Employee Retirement Income Security Act plans were not "customers" of Madoff’s firm and are not entitled to recoveries from the Securities Investor Protection Corp.

  • August 22, 2014

    Swartz Campbell Can't Get Chartwell DQ'd In Fees Suit

    A Pennsylvania state judge on Thursday elected not to disqualify The Chartwell Law Offices LLP from representing an ex-Swartz Campbell LLC partner accused of failing to pay fees owed to the firm for cases started before he left to join Chartwell.

  • August 22, 2014

    FordHarrison Adds Former Winn-Dixie GC

    Labor and employment firm FordHarrison LLP said Thursday it has added the former general counsel of Winn-Dixie Stores Inc., who has experience representing clients in the retail, transportation and manufacturing industries, to strengthen its Atlanta office.

  • August 22, 2014

    Schlumberger Drops Ex-Employee Breach Of Contract Suit

    A Texas state judge has tossed Schlumberger Technology Corp.'s breach of contract suit against a former high-level employee who had been accused of stealing trade secrets and bolting to rival company Baker Hughes Inc., after the two sides reached a settlement agreement.

  • August 21, 2014

    BP Freed From $266B FCA Suit Claiming Gulf Plant Unsafe

    A Texas federal judge on Thursday tossed a former BP PLC contractor's $266 billion False Claims Act suit alleging safety problems at the energy giant’s Atlantis facility in the Gulf of Mexico, ruling the plaintiffs don't have standing and otherwise haven't presented any evidence that BP made misrepresentations to the government.

  • August 21, 2014

    NFLers Who Rejected IP Deal Must File Suits By Fall

    Former National Football League players who opted out of a $42 million settlement with the league over their publicity rights will each have to file individual complaints by October if they want to keep their suits alive, a Minnesota federal judge ordered on Thursday.

  • August 21, 2014

    NBC Urges Judge To Toss Ex-Reporter's Age Bias Suit

    NBCUniversal Media LLC on Thursday urged a California judge to toss a fired investigative journalist's age-discrimination claims, saying the the ex-employee wasn't legally permitted to bring the suit because he failed in three attempts to first lodge a valid administrative complaint with a state employment agency.

  • August 21, 2014

    7th Circ. Revives Architect's Suit Over Worker's Design Claims

    The Seventh Circuit on Thursday revived an architectural company's suit accusing a former employee of falsely claiming credit on his website for designing five buildings, ruling the plaintiff could invoke the Lanham Act even though the plaintiff's claim concerned services, not goods.

  • August 21, 2014

    Fla. Federal Judge Strikes Down Gay Marriage Ban

    A Florida federal judge on Thursday became the fifth judge in the state to declare Florida's ban on same-sex marriage unconstitutional in two suits brought by gay couples who want Florida to recognize their out-of-state marriages and want to marry in the state.

  • August 21, 2014

    $1.6M Deal Poised To Wrap Up Maxim Healthcare OT Suit

    Maxim Healthcare Services Inc. has agreed to a class and collective action settlement worth nearly $1.6 million in a lawsuit accusing the company of misclassifying recruiters as exempt from state and federal overtime pay requirements, according to a Thursday filing in Atlanta federal court.

  • August 21, 2014

    Pa. High Court Snubs Cryogenic Co.'s Trade Secret Appeal

    The Supreme Court of Pennsylvania on Thursday refused to hear an appeal challenging a lower court's decision that schematic drawings, customer databases and other material related to devices for low temperature scientific research are entitled to trade secret protection.

  • August 21, 2014

    FCA Suits Over 'Worthless Services' Take Hit At 7th Circ.

    A Seventh Circuit ruling Wednesday erasing a $9 million False Claims Act verdict tied to alleged nursing home neglect will likely shield many businesses from "worthless services" cases that have threatened to increase exposure to huge penalties for billing fraud, experts say.

  • August 21, 2014

    RadioShack Workers Lose 2nd Bid For Cert. In OT, Break Suit

    A group of workers suing RadioShack Corp. for allegedly refusing to give them breaks for pay for overtime lost a second bid for class certification when a California federal judge ruled the plaintiffs hadn't adequately shown they could prove the company's policy of denying breaks was implemented, according to an order filed Thursday.

  • August 21, 2014

    DC Metro Strikes $4M Deal In FCA Suit Over IT Contract

    The U.S. intervened Wednesday in a False Claims Act whistleblower suit against the Washington Metropolitan Area Transit Authority, approving a $4.24 million settlement and allowing the transit agency to exit a lawsuit that had accused it of improperly awarding an information technology contract without competition.

  • August 21, 2014

    Texas County Atty Can Keep Job While Seeking Judgeship

    A Texas appeals court held Thursday that the sitting Aransas county attorney can continue to hold his seat while he runs for a judgeship on the Aransas County Court at Law, rejecting arguments from the district attorney that he unlawfully remained in office while campaigning for the bench.

  • August 21, 2014

    Morgan Stanley's $4.2M Deal In OT Class Action Gets Nod

    A New York federal judge on Thursday preliminarily approved the $4.2 million settlement Morgan Stanley & Co. LLC has agreed to pay to end a collective action accusing the financial services company of failing to pay overtime to client services associates.

  • August 21, 2014

    Baltimore Settles With DOJ In Disability Bias Suit

    The city of Baltimore has reached a deal to resolve allegations that it engaged in a pattern of discrimination against disabled employees, the U.S. Department of Justice announced Wednesday.

  • August 21, 2014

    Sullivan & Cromwell Hit With $325M Atty Bias Suit Again

    A former contract attorney with Sullivan & Cromwell LLP launched a second suit in Georgia federal court Monday accusing the firm of rampant discrimination and harassment, and alleging a New York state court judge improperly dismissed her initial case.

  • August 21, 2014

    DC Circ. Stance Threatens Agency Flexibility, DOL Says

    The U.S. Department of Labor on Wednesday urged the U.S. Supreme Court to reverse a D.C. Circuit ruling that nixed the agency's 2010 reclassification of mortgage loan officers as eligible for overtime pay, arguing that the appeals court's approach undermined the flexibility Congress wanted agencies to have.

  • August 21, 2014

    NYC Citi Bike Workers Cleared For Union Vote

    A National Labor Relations Board official on Wednesday gave a group of employees for New York City's Citi Bike bike sharing program the green light to vote on whether they would like to form a union.

Expert Analysis

  • World Cup 2014: Employer Considerations

    Cassia F. Pizzotti

    With the World Cup taking place this June in Brazil, employers across the globe need to consider how to balance business needs with employee excitement over the matches. By thinking strategically, the one-month championship tournament can serve as a team-building event for both employers and workers, without grinding the gears of productivity to a halt, say attorneys at the Employment Law Alliance.

  • A Warning From Delaware For Gift Card Programs

    Robert Peters

    Whether or not the whistleblower claimants prevail in making their Delaware False Claims and Reporting Act case against 33 major retailers, the National Restaurant Association and Card Compliant for failure to report and remit the value of unredeemed gift card balances, Delaware and other states that treat unredeemed gift cards as abandoned property are likely to increase their scrutiny of all entities that issue gift cards to thei... (continued)

  • Best In-House Practices To Mitigate Cross-Border Risks

    Veta T. Richardson

    How should you advise your company when it considers sending employees to a new office in Brazil? Which laws are most important for mergers in Singapore? Who is responsible for the actions of subcontractors operating on behalf of your company in Russia? The legal and national nuances of these questions are complicated. In-house counsel working in today’s global economy should consider a number of best practices, says Veta Richardso... (continued)

  • 4 Risks Employers Face With One-Size-Fits-All Dress Codes

    Kathryn R. Brown

    One-size-fits-all dress codes won't fit in any workplace. A rigid code based on a static view of the workforce may seem simple to administer, but it may also expose employers to significant legal risks. Building in flexibility will enable an employer to account for the rights and obligations afforded under applicable law, which tends to enhance employee morale and maximize compliance with the code, says Kathryn Brown of Duane Morris LLP.

  • Produce Documents 'Subject To' Objections At Your Own Risk

    Frederick Brodie

    Litigators, prepare to be frightened. Federal courts in Arizona, Florida and Kansas have concluded that producing documents subject to objections amounts to a waiver of all objections — the opposite of what lawyers intend when they use the words “subject to.” These decisions are worrisome, but some fixes are available, says Frederick Brodie of Pillsbury Winthrop Shaw Pittman LLP.

  • 9 Ways To Protect Trade Secrets On Mobile Devices

    Monica Wahba

    While there are as yet no published court opinions dealing with the compromise of an employer’s confidential information through personal devices, the need for proactive security measures is clearly mandated by analogous cases. Employers may already be taking steps with respect to paper documents or electronic systems within the workplace, and implementing those steps with respect to mobile devices would be a fairly simple process,... (continued)

  • Court Battle Over NY Health Regulations Will Continue

    Joseph A. Murphy

    A New York court recently struck down Gov. Andrew M. Cuomo's controversial executive order and implementing regulations capping executive pay and administrative expenses of health agencies that receive at least 30 percent of their funding from the state. If upheld, the regulations will have a broad impact on New York's health provider community — hundreds of state departments, offices and programs are implicated in state funding, s... (continued)

  • Intern Rights May Be Next Trend In Employment Law

    Alexander E. Gallin

    The New York City Council's recent amendment to its human rights law, which added new workplace protections for interns, may just be the tip of the legislative iceberg. Given the recent media attention paid to unpaid internships in the for-profit sector, the legal rights of interns have undeniably become a hot topic in employment law — similar bills to New York City's have already been introduced in both New Jersey and California, ... (continued)

  • Tips And Service Charges: How To Stay Compliant

    Bruno W. Katz

    Mandatory service charges, tip pools and their distribution among waitstaff have plagued the hospitality industry for years. Federal courts interpret federal laws differently, and states have enacted their own statutes that keep employers in constant uncertainty. Ways to limit liability could include relying more on what the employee actually does in his or her job versus a job title, says Bruno Katz of Wilson Elser Moskowitz Edelm... (continued)

  • It's An Honor To Be Your Friend?: Social Media And Judges

    Matthew Laver

    With the proliferation of social media in court systems, a critical issue is whether the medium is appropriate for judicial use. The dangers of a judiciary and its staff having unrestricted relationships via social media are set forth in the ethics opinions of Florida, Oklahoma, Massachusetts and other jurisdictions, and expanded upon in a recent disciplinary hearing before the Supreme Court of Kansas, ​say Michael Pullano and Matt... (continued)