Employment

  • April 30, 2015

    Biz Groups Unlikely To Appeal Paid Leave Win For Trenton

    Business groups who tried to derail a Trenton, New Jersey, law requiring employers to provide paid sick leave likely won't appeal the April 16 dismissal of their suit because the case left them with a partial win, an attorney for the organizations told Law360 on Wednesday.

  • April 30, 2015

    BMW Faces Calif. Labor Suit Over Electric Car Share Service

    A BMW AG subsidiary illegally avoids paying employees of its electric car-sharing service minimum wage and overtime by hiring them as independent contractors, according to a Private Attorneys General Act lawsuit filed Wednesday in California state court.

  • April 29, 2015

    8th Circ. Delays Gay Marriage Rulings For High Court Review

    The Eighth Circuit on Wednesday decided it won’t rule in cases that could establish marriage rights for same-sex couples in Arkansas, Missouri, Nebraska and South Dakota, saying it is waiting while the U.S. Supreme Court considers the issue.

  • April 29, 2015

    Ex-Altegrity Workers Cry Foul Over Ch. 11 Disclosures

    Former Altegrity Inc. employees have urged a Delaware bankruptcy judge to reject the troubled security screening firm's proposed reorganization plan, arguing Tuesday that its Chapter 11 strategy may unfairly wipe out $20 million in pending legal claims over a mass layoff.

  • April 29, 2015

    PetSmart Digs Up $3.8M To End Worker OT Collective Action

    PetSmart Inc. has agreed to pay $3.8 million to end a collective action alleging the retail chain misclassified operations managers as exempt from the Fair Labor Standards Act's overtime requirements, according to a Wednesday filing in Delaware federal court.

  • April 29, 2015

    Tribal Casino Firing Row Won't Be Heard In Federal Court

    A California federal court on Wednesday tossed a former San Manuel Indian Bingo & Casino security guard’s whistleblower suit over allegations he was wrongfully fired in retaliation for reporting sexual harassment and drug use, saying it lacks subject matter jurisdiction to hear the dispute.

  • April 29, 2015

    Farmers Accused Of Culture Of Bias Against Female Attys

    A former attorney for Farmers Insurance Co. accused the insurance company of routinely discriminating against female attorneys by paying them lower salaries and promoting them less and retaliating against her when she complained about it, according to a proposed collective and class action filed Wednesday in a California federal court.

  • April 29, 2015

    Jones Day’s Orr Champions Muni Settlement Model

    Fresh off a stint on the turnaround team overseeing Atlantic City’s finances, Jones Day partner and former Detroit emergency manager Kevyn Orr pushed back in an interview with Law360 against criticism that municipal restructuring negotiations can coerce investors or favor politically connected constituencies.

  • April 29, 2015

    High Court Ruling Won't End Fights Over EEOC Conciliation

    The U.S. Supreme Court set a low bar Wednesday for the U.S. Equal Employment Opportunity Commission to show that it had satisfied its obligation to conciliate with employers before filing suit, but skirmishes between the workplace bias watchdog and employers over conciliation won't be going away anytime soon, lawyers say.

  • April 29, 2015

    Fired Custodian Asks High Court To Review Nat'l Origin Suit

    A Ukraine-born custodian has asked the high court to review a Seventh Circuit decision upholding the dismissal of his lawsuit alleging his former employer wrongfully terminated him after he complained to the Equal Opportunity Employment Commission that his superior mocked him for mixing two languages.

  • April 29, 2015

    Tribal Leaders Urge Senate To Keep NLRB Out Of Gaming

    Native American leaders told a Senate panel Wednesday that legislation to prevent the National Labor Relations Board from acting in tribal employment matters is needed to preserve tribes’ sovereignty and protect their gaming operations.

  • April 29, 2015

    Lawmakers Renew Bid To Ban Mandatory Arbitration Clauses

    Sen. Al Franken, D-Minn., and Rep. Hank Johnson, D-Ga., reintroduced a bill Wednesday that would block companies and institutions from preemptively forcing employees, customers and others to arbitrate antitrust suits, civil rights claims and other disputes.

  • April 29, 2015

    SEC Uses Firm's Retaliation To Market Tipster Program

    The U.S. Securities and Exchange Commission on Tuesday gave its highest possible award to a hedge fund adviser whistleblower, capitalizing on the firm's retaliation against him to send another welcoming message to would-be whistleblowers and a warning to companies.

  • April 29, 2015

    Ex-NCAA Athletes' Attys Likely To Win $45M In Antitrust Fight

    A California federal judge said Wednesday that he’ll likely grant at least $45 million in fees to the attorneys who led college athletes to victory in their landmark antitrust class action against the National Collegiate Athletic Association, comparing their “adventurous, risky suit” to “Game of Thrones.”

  • April 29, 2015

    Eli Lilly Keeps Employees' Salary Info From Cymbalta Suit

    Eli Lilly & Co. has persuaded a California federal court to keep the salary information of its employee witnesses from a suit over the alleged withdrawal effects of its antidepressant Cymbalta, with a magistrate judge siding with the drugmaker's arguments that such information relating to employees isn't fair game.

  • April 29, 2015

    Pa. Senator Proposes $15 Minimum Hourly Wage

    A Pennsylvania state senator, who last year called for the state to raise its minimum wage from the federal minimum to $12 per hour, announced Wednesday that he plans to introduce new legislation to raise wages to $15 an hour and permanently index it to inflation.

  • April 29, 2015

    SEC Pay-For-Performance Plan May Actually Boost Exec Pay

    A plan from the U.S. Securities and Exchange Commission to get public companies to draw a line between executive pay and shareholder returns promises to give activist investors a new tool for prodding corporate governance, but the language of the agency's proposal also may give companies cover to fatten, rather than slim down, C-suite pay.

  • April 29, 2015

    Goldman IP Trial Marches On Despite Missing Avocado

    The New York judge overseeing the second trial of Ex-Goldman Sachs Group Inc. programmer Sergey Aleynikov on charges of stealing the code for the firm’s high-frequency trading platform dismissed two jurors from deliberations Wednesday after one accused the other of poisoning her food and complained of a rogue avocado.

  • April 29, 2015

    Ex-Anapol Schwartz Atty Had History Of Clashes, Jury Hears

    A Philadelphia jury heard testimony on Wednesday detailing a series of clashes that Jeffrey Downs, a gay attorney accusing his onetime superiors at Anapol Schwartz of stymying a lucrative job opportunity, had with colleagues at a number of prior firms including Dechert LLP and Wong Fleming.

  • April 29, 2015

    Stevedoring Co. Avoids In-House Atty Deposition In Fla. Case

    A Florida appeals court on Wednesday granted Eller-ITO Stevedoring Co. LLC's petition to quash a lower court's order compelling deposition of one of its attorneys, finding the plaintiffs failed to demonstrate the requirements for such extraordinary action given the attorney's involvement in the matter.

Expert Analysis

  • Law Schools Are (Finally) Teaching 'The Biz' Of Lawyering

    Howard Breuer

    Educators across the country say law schools are now more aggressively teaching the business side of being a lawyer — spurred on by a shifting market that continues to provide fewer and fewer associate opportunities for recent grads, and feedback from students and new lawyers eager to learn how to bring in clients once they hang out a shingle, according to legal industry consultant and journalist Howard Breuer.

  • Smaller Businesses Must Get Ready For FCPA Whistleblowers

    David Laigaie

    Unlike the U.S. Securities and Exchange Commission and the U.S. Department of Justice, whistleblowers do not limit themselves to large companies. Small and medium-sized businesses must snap into Foreign Corrupt Practices Act compliance, says David Laigaie of Eckert Seamans Cherin & Mellott LLC.

  • Can NY Employers Retaliate Against Employee Attorneys?

    Christopher G. Gegwich

    Depending on the outcome in Douglas H. Wigdor v. Soulcycle LLC, its impact on employers could be substantial to the extent the court expands the definitions of employee and employer under New York Labor Law — more individuals may be able to file retaliation lawsuits against entities with which they have no clear employment relationship, say Christopher Gegwich and Tony Dulgerian of Nixon Peabody LLP.

  • Calif. Fixes Timing Problem For Post-Trial Motions

    John Taylor Jr.

    California's new coordinated procedure governing post-trial motions represents a good day’s work by the Legislature to solve a long-standing procedural anomaly involving the misalignment of filing deadlines for the three post-trial motions permitted by statute, say David Axelrad and John Taylor Jr. of Horvitz & Levy LLP.

  • Trade Secrets And 3rd Parties: Litigation Traps To Avoid

    Derek Knerr

    Many companies have developed trade secrets policies to protect their valuable information, but even forward-thinking companies may not have internal controls to avoid liability as third parties to alleged trade secret misappropriation. Several recent cases have confronted this issue, say Derek Knerr and Chris Ottenweller of Orrick Herrington & Sutcliffe LLP.

  • Secrets To In-House Cost Control

    Lauren M. Chung

    While most law departments kept legal spending increases in 2014 to modest levels, a recent survey revealed that 42 companies reported a 3 percent decrease in total legal spending. A closer look at the practices of this subgroup identifies a number of helpful lessons, says Lauren Chung of HBR Consulting LLC.

  • The Current State Of LGBT Rights In The Workplace

    Michelle Lee Flores

    While 21 states, Washington, D.C., and Puerto Rico have state-based employment nondiscrimination laws covering sexual orientation and/or gender identity that apply to both private and public sector employers, perhaps the most encouraging statistics for the LGBT community can be found in employer-adopted company policies and procedures that prohibit discrimination, says Michelle Lee Flores of Cozen O’Connor PC.

  • City, State And Federal Actions On Minimum Wage In 2014

    Brett Coburn

    Now that it is 2015, 29 states and Washington, D.C., have minimum wages above the current federal minimum wage of $7.25. The momentum built up last year by proponents of a higher minimum wage is likely to continue, say Brett Coburn and Kristen Fox of Alston & Bird LLP.

  • Top 10 Whistleblowing And Retaliation Events Of 2014

    Steven Pearlman

    The U.S. Supreme Court's Lawson v. FMR LLC ruling, the U.S. Securities and Exchange Commission's $30 million whistleblower award to a foreign tipster and the SEC's first enforcement action over alleged violations of Dodd-Frank's anti-retaliation provisions in 2014 indicate that the government has gotten more aggressive in championing the perceived value that whistleblowers bring to the table, says Steven Pearlman of Proskauer Rose LLP.

  • NLRB In ConAgra Ruling Signals What May Be Solicitation

    Summer Davis

    In essence, the National Labor Relations Board's decision in ConAgra Foods Inc. draws a bright line that defines solicitation as asking someone to join a union by signing an authorization card at that time — any other conduct is subject to the NLRB’s interpretation of what is and what is not solicitation, says Summer Davis of Bradley Arant Boult Cummings LLP.