The Ninth Circuit sided with Johnson & Johnson unit Neutrogena Corp. in its fight with a laid-off worker who claims she was let go because she was the oldest IT worker in her position, finding Thursday that she didn’t effectively demonstrate discrimination.
A National Labor Relations Board judge ruled Friday that a for-profit technical school's policy prohibiting its employees from gossiping ran afoul of federal labor law and that the firing of an admissions employee for violating the rule was therefore also unlawful.
A California appeals court ruled Wednesday that a courtroom is the proper venue for South Bay Hospital Management Co. LLC’s allegations that a former Tri-City Medical Center executive and his management company owe $3.33 million for mistreating employees and receiving kickbacks, despite South Bay's arbitration agreement.
Tougher discrimination and whistleblower protections for employees, worker-friendly guidance on release agreements, and a minimum wage hike made 2013 a big year for employment law changes in New Jersey, and recent developments in areas including leave time suggest the trend is expected to continue in the new year, experts say.
A Texas appeals court on Wednesday held Ricochet Energy Inc. doesn’t have to indemnify its co-founder for a $5 million jury verdict stemming from his alleged theft of a seismic map from the company that he used to drain an oil and gas reservoir Ricochet planned to develop.
The European Union's highest court ruled Thursday that in EU countries where gay marriage is not legal, employees who enter into civil partnerships with same-sex partners must be given the same workplace benefits that their heterosexual colleagues receive when they marry.
A Texas appeals court denied Epstein Becker & Green PC’s effort to dodge a malpractice suit brought by a Houston oncologist who says the firm should have realized a document sent to the fired general counsel of his cancer clinic would be used in employment litigation.
A New York federal judge on Wednesday granted JPMorgan Chase & Co.’s bid to toss a lawsuit brought by an ex-employee who claimed the bank fired her for flagging possible fraud, saying the plaintiff didn’t show fraud existed and that there was independent cause for her termination.
A California appeals court has ruled that CBS Broadcasting Inc.’s anti-Strategic Lawsuit Against Public Participation motion to dismiss discrimination claims over its television anchor-hiring practices was improperly denied, saying the claims are based on First Amendment-protected activity, according to a decision published Wednesday.
The Sixth Circuit on Wednesday reversed a district court’s decision to dismiss the Equal Employment Opportunity Commission’s racial discrimination suit against Skanska USA Building Inc., saying that although the discrimination affected a subcontractors' employees, Skanska was their de facto employer.
A former New Jersey public employee who had lost administrative appeals for expanded health benefits couldn't then bring a fresh suit against program administrators for consumer fraud, since the case hinges on the merits of a state agency's decision, an appeals court ruled Wednesday.
A Florida magistrate judge’s report on Wednesday recommended denying sanctions against Halifax Hospital Medical Center for destroying patient records in a suit alleging it paid kickbacks and admitted Medicare patients for needless overnight stays, saying a whistleblower didn't show the evidence was crucial to her case.
The Illinois federal judge overseeing a class action accusing Bank of America Corp.'s Merrill Lynch & Co. Inc. subsidiary of discriminating against black financial advisers gave final approval Friday to a $160 million settlement resolving the case.
A Michigan federal judge on Tuesday tossed a breach of contract suit accusing General Motors LLC of skirting $450 million in owed retiree medical benefits, ruling that the company wasn't obligated to pay the benefits after it went through bankruptcy restructuring.
By refusing to decide a case over whether federal labor law permits unions to get employers to agree to remain neutral during organizing campaigns, the U.S. Supreme Court on Tuesday left in place uncertainty over such deals that will inevitably land the question back on the high court's docket, attorneys say.
The National Labor Relations Board dropped its appeal Monday of a May 2012 decision that said controversial labor board rule aimed at streamlining union elections was invalid because it was enacted without the participation of then-board member Brian Hayes.
New York's highest court on Tuesday detached workers' compensation proceedings from negligence litigation, reversing itself in a decision that trial lawyers and the state's biggest lawyer group hailed as a step toward making sure employees who suffer workplace injuries can get before a judge.
The Second Circuit on Tuesday partially revived a class action claiming the parent of Steve & Barry's should be liable for mass layoffs that preceded the retail chain's bankruptcy, finding former employees could pursue claims against the retailer’s nonbankrupt parent but not its private equity investors.
Northrop Grumman Corp. will pay $11.4 million to the federal government over allegations it violated a 2002 settlement that prohibited it from charging stock options awards for its employees to government contracts, the U.S. Department of Justice said Monday.
Smithfield Packing Co. Inc. has agreed to shell out $2 million to settle three class actions brought by workers at its bacon-processing plants who claim they weren’t paid for activities they were required to perform before and after their shifts.
Health care providers have recently payed hundreds of millions of dollars under the False Claims Act in whistleblower suits. As the Affordable Care Act adds new state-sponsored plans and federal subsidies for many patients, the reach and impact of the FCA in the health care industry will only continue to expand, says Kathleen Fisher at Graves Garrett LLC.
Cross-examination is not for the faint of heart — even an experienced trial lawyer may feel a surge of adrenaline facing a hostile witness and the unpredictable exchange that is inherent in cross-examination. If you follow the five laws of cross-examination, you will have a better chance of controlling the exchange, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.
In many states, employers are just starting to see the impact of new legislation implementing the provisions of the Unemployment Insurance Integrity Act. Among other things, agreements with employees or former employees not to contest unemployment insurance benefit claims may now trigger heightened scrutiny from regulators, says Katharine Parker of Proskauer Rose LLP.
As different as the world of the NFL may be, its locker room is ultimately a workplace like any other. The recent bullying controversy in the Miami Dolphins football organization has posed the same questions that all employers face: Who is ultimately responsible for bad employee behavior? Should the employee have done more? Was it one bad apple or was the problem endemic? say James Kizziar Jr. and Amber Dodds of Bracewell & Giuliani LLP.
A Massachussetts federal court recently decided that attorney-client privilege can be waived inadvertently when the employer’s legal adviser becomes overly involved in the employer’s investigation of sexual harassment claims. The case is a reminder that employers and their counsel need to build a firewall between investigators and lawyers, says David Henderson of Nutter McClennen & Fish LLP.
The extensive amendments to Federal Rule of Civil Procedure 45 that took effect on Dec. 1, 2013, bring welcome changes that simplify and streamline subpoena practice. In particular, the elimination of uncertainty in determining where compliance can be required and where service can be effected will reduce the effort and costs involved in issuing subpoenas, say Lawrence Friedman and Sheilah Kane of Cleary Gottlieb Steen & Hamilton LLP.
We offer help with some insight on the more significant new employment-related legislation that, if not already addressed, should be given some thought prior to year-end. For instance, in light of California’s mid-year minimum wage increase, the thing to be careful about now is budgeting for the salary level of your lower-level exempt employees, say attorneys with Greenberg Traurig LLP.
The Ninth Circuit’s ruling in Rivera v. Peri & Sons Farms — that employers of H-2 workers must reimburse most travel, recruitment and immigration-related expenses — deepens a circuit split on the issue. But the fact that Rivera was authored by strongly conservative Judge Diarmuid O'Scannlain suggests that an opposite conclusion could simply be headed for obsolescence, says Melinda Pilling of Rukin Hyland Doria & Tindall LLP.
At a minimum, Pennsylvania’s updated professional conduct rules should give employers additional ammunition to push for using the latest cost-saving technology, such as predictive coding, when defending against litigation in Pennsylvania courts. As a practical matter, however, the effects may be limited, says Jacob Oslick of Seyfarth Shaw LLP.
Under the new Texas Uniform Trade Secrets Act, there is no reason to expect any less protection for technical and economic information useful in oil and gas exploration and production. A comparison of the factors Texas courts have been using to determine if a trade secret exists and the new statutory definition reveals substantial overlap, say Steve Borgman and David Tobin of Vinson & Elkins LLP.