Employment

  • January 19, 2017

    Warren Probes Industry Support For Fiduciary Rule Rollback

    U.S. Sen. Elizabeth Warren, D-Mass., sent letters Thursday to more than two dozen banks and financial institutions asking whether they would support plans to delay the U.S. Department of Labor’s fiduciary rule for retirement account advisers, suggesting a rollback could hurt the many firms that have already implemented the rule.

  • January 19, 2017

    Boeing Worker Loses Second Cert. Bid In OT Suit

    A Boeing employee claiming the aerospace giant improperly classified him as exempt from overtime premiums lost his renewed bid for class certification Wednesday when a Washington federal judge found that his proposed class was still too varied.

  • January 19, 2017

    OSHA Dings Amtrak Nearly $1M For Firing Whistleblower

    The Occupational Safety and Health Administration said Wednesday it has ordered Amtrak to rehire and pay nearly $1 million in back wages and damages to a whistleblower who was fired after raising safety concerns about a contractor.

  • January 19, 2017

    NJ Lawmakers Advance Bills Tackling Gender Pay Gap

    New Jersey lawmakers on Thursday advanced proposals aiming to close the gender pay gap with one bill prohibiting companies that receive state assistance from paying women less than men and another establishing an office to advocate for women in the workplace.

  • January 19, 2017

    FordHarrison Adds Employment Pro With Airline Specialty

    FordHarrison LLP has added an employment attorney previously with United Airlines Inc. as a partner in its Washington, D.C., office, the firm announced.

  • January 19, 2017

    Golden Corral Roped Into Overtime Class Action

    Golden Corral Corp. may offer customers an endless buffet, but it has shown itself to be less bountiful to those it employs as associate managers by wrongfully exempting them from federal and state overtime pay requirements, according to a lawsuit filed in Pennsylvania federal court Wednesday.

  • January 19, 2017

    BREAKING: 4th Circ. Backs Ex-Massey CEO's Conspiracy Conviction

    The Fourth Circuit on Thursday upheld former Massey Energy Co. CEO Don Blankenship's conviction for conspiring to violate mine safety laws before a 2010 coal mine explosion that claimed 29 lives, finding no mistakes by the lower court to warrant a reversal.

  • January 18, 2017

    Bio-Rad’s Ex-GC Testifies CEO Resisted FCPA Investigation

    The former general counsel for Bio-Rad Laboratories Inc. took the stand in his retaliation suit accusing the life sciences company of firing him for reporting possible Foreign Corrupt Practices Act violations related to payments in China, testifying that Bio-Rad’s CEO resisted his attempts to investigate possible wrongdoing.

  • January 18, 2017

    NYC Transpo Workers Get Racist Treatment, Feds Say

    The federal government ripped into the New York City Department of Transportation on Wednesday, alleging its maintenance division's managers habitually used racial slurs and systematically excluded minority candidates for supervisory spots.

  • January 18, 2017

    Biz Groups That Defeated DOL Rule Win Fees

    A federal judge in Texas on Wednesday awarded about $330,000 in attorneys' fees and expenses to a handful of business groups that led a successful challenge of the U.S. Department of Labor's so-called persuader rule, which expanded employers' disclosure requirements related to union-organizing campaigns.

  • January 18, 2017

    Ex-Trump Golf Employee Takes Age Bias Case To 3rd Circ.

    A former employee at the Trump National Golf Club Colts Neck alleging he was not rehired due to his age is taking his claims to the Third Circuit after his lawsuit was thrown out by a federal district judge, filing a notice of appeal on Tuesday.

  • January 18, 2017

    NYPD Illegally Passed Over Applicant With HIV, Suit Says

    The U.S. Department of Justice accused the New York Police Department on Tuesday of refusing to hire an HIV-positive man as a police emergency dispatcher after discovering his health condition, according to a lawsuit filed in New York federal court.

  • January 18, 2017

    Goldman Fee Fight Could Shift To NJ As Del. Appeal Boils

    A multicourt battle over an ex-Goldman Sachs programmer’s rights to corporate legal defense benefits could soon hop back to New Jersey even as the Delaware Supreme Court wrestles with an appeal over the Chancery Court’s rejection of the claim.

  • January 18, 2017

    DOL Accuses Oracle Of Bias Against Women, Minorities

    The U.S. Department of Labor fired off a lawsuit against Oracle America Inc. Tuesday, alleging that the computer technology giant discriminates against women and minorities by paying them less than their counterparts and also discriminates against qualified non-Asian applicants in favor of Asian candidates for certain roles.

  • January 18, 2017

    Lufthansa Unit Forges $1.1M OT Deal With Metal Workers

    A unit of Deutsche Lufthansa AG agreed to pay $1.1 million in a deal with a class of sheet metal workers who had claimed they were misclassified as independent contractors and denied overtime, according to papers filed in Maine federal court on Wednesday.

  • January 18, 2017

    N. Mariana Islands Co. Settles Hiring Bias Claims With DOJ

    A Northern Mariana Islands company will pay a civil penalty and establish a back-pay fund to resolve allegations it discriminated against U.S. citizens and work-authorized immigrants in hiring, the U.S. Department of Justice said Tuesday.

  • January 18, 2017

    Aussie Turf Co. Says Ex-NFLer Didn't Provide Proper Service

    An Australian sports surface company named in a lawsuit by a former NFL linebacker who suffered a career-ending Achilles tendon injury on a removable natural grass playing surface again urged a Texas federal court to dismiss claims against it Tuesday, arguing the player had not satisfied international service requirements.

  • January 18, 2017

    LGBT Bias Charges Continuing To Climb, EEOC Says

    The U.S. Equal Employment Opportunity Commission's latest annual report showed that the agency resolved 1,649 LGBT-based sex discrimination charges and recovered $4.4 million for LGBT individuals in fiscal 2016, marking the third straight year each number has increased since the agency started tracking them in 2013.

  • January 18, 2017

    Chevron Seeks To Toss Workers’ 2nd Stab At ERISA Suit

    Chevron Corp. urged a California federal judge Wednesday to toss a putative class action brought by beneficiaries of its employee retirement plan who claim Chevron breached its fiduciary duties when it made high-cost and poor-performing investments, saying the employees haven’t alleged anything new since the court dismissed their original complaint.

  • January 18, 2017

    JPMorgan Underpaid Female Employees, DOL Claims

    JPMorgan Chase & Co. has been discriminating against some of its female employees by paying them less than their male counterparts in violation of federal contractor requirements, the U.S. Department of Labor alleged Wednesday in an administrative complaint.

Expert Analysis

  • Limitation Act Of 1851 Still Relevant To Offshore Energy

    Andrew Stakelum

    From the Titanic to the Deepwater Horizon, an obscure federal law has been invoked after many maritime disasters to limit vessel owners' liability for losses stemming from conditions outside the owners' privity or knowledge. But in today's offshore energy industry, technology can place the owner and its management in the wheelhouse, on the cargo deck and on the rig floor, says Andrew Stakelum of King & Spalding.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Obama's Pro-Union Impact On NLRB Won't Retire Quickly

    Adam C. Abrahms

    In recent years the National Labor Relations Board has extended its reach into employer operations with controversial decisions that have departed from longstanding precedent. However, while employers may hope the new administration might stop this expansion, with current board members and the general counsel still in office for some time, relief may be slow to come, say Adam Abrahms and Christina Rentz of Epstein Becker & Green PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • ADEA At 50: Trends And Predictions For An Aging Workforce

    Chloe J. Roberts

    Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The International Scope Of SEC’s Whistleblower Program

    Vincent H. Cohen Jr.

    Around the world, corporate insiders are taking note of the significant awards issued by the U.S. Securities and Exchange Commission's whistleblower program and are more willing than ever to report their perceptions of corporate misconduct. This is an unmistakable call to action for multinational companies, say attorneys with Dechert LLP.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.