Employment

  • June 23, 2017

    Military Heads Seek 6-Month Delay On Trans Admissions

    Senior military officials will ask Defense Secretary Jim Mattis for a six-month delay on a lift of the Defense Department’s ban on admissions of transgender service members, according to media reports.

  • June 23, 2017

    4th Circ. Rules NFL Retirement Plan Wrongly Denied Benefits

    The Fourth Circuit on Friday sided with former NFL linebacker Jesse Solomon, who is seeking higher disability benefits from the league's retirement plan for cognitive impairments resulting from head injuries, finding that the plan ignored evidence of when the player became disabled.

  • June 23, 2017

    Employer Takes FCRA Consumer Report Suit To High Court

    A subsidiary of oilfield services giant Schlumberger Ltd. has filed a petition for a writ of certiorari asking the U.S. Supreme Court to review an appeals court decision that revived a suit over alleged violations of the Fair Credit Reporting Act, arguing that without real harm, the case didn’t have standing.

  • June 23, 2017

    NLRB Denied DC Circ. Rehearing In FedEx Driver Status Row

    The D.C. Circuit on Friday refused to reconsider its reversal of a National Labor Relations Board finding on how FedEx drivers should be categorized, cementing its March decision that the workers were independent contractors by the agency’s own standards.

  • June 23, 2017

    Gay Bias Is Sex Discrimination, EEOC Tells 2nd Circ.

    Responding to a request by the Second Circuit to weigh in on the case of a deceased skydiving instructor who claimed he was fired over his homosexuality, the U.S. Equal Employment Opportunity Commission said Friday that discrimination on the basis of sexual orientation is prohibited by Title VII.

  • June 23, 2017

    1st Circ. Nixes Part Of Mass. Sick Law For Railroad Workers

    The First Circuit ruled Friday that key portions of Massachusetts’ law providing earned sick-time for employees don’t apply to railroad workers in the state, saying the law is preempted by the federal Railroad Unemployment Insurance Act.

  • June 23, 2017

    Snapchat Maker's Arbitration Bid Blasted By Ex-Employee

    The former Snap Inc. employee who claims he was fired for raising concerns about the social media company’s user metrics ahead of its initial public offering fired back at the Snapchat maker’s attempt to force arbitration of his whistleblower suit, telling a California federal court Friday that the arbitration agreement he signed at hiring was unconscionable.

  • June 23, 2017

    Ex-NFLers Say Workers' Comp No Bar To Painkiller Claims

    Two former NFL players with claims against three teams, who remain from a larger suit against all 32 teams alleging players were encouraged to abuse painkillers, told a California judge Thursday the three remaining teams cannot dodge claims as being covered by state workers’ compensation laws.

  • June 23, 2017

    Mass. High Court Ruling May Swell Insureds' Litigation Costs

    The Massachusetts high court's ruling Thursday that an insurer's duty to defend doesn't include an obligation to prosecute a client's counterclaims could increase litigation costs for policyholders by forcing them to hire separate attorneys to manage a case's defensive and offensive strategies, attorneys say.

  • June 23, 2017

    Sedgwick Partner Settles In Gender Discrimination Suit

    A partner who sued Sedgwick LLP for gender-based discrimination has agreed to drop her putative class action in California federal court after reaching a settlement with the firm, according to a filing on Thursday.

  • June 23, 2017

    8th Circ. Asked To Rethink Overdue Insurance Claim Suit

    A Minnesota-based food wholesaler urged the full Eighth Circuit on Friday to rethink its ruling that it waited too long to file an insurance claim to cover a former salesperson's suit over $250,000 in allegedly unpaid commissions.

  • June 23, 2017

    Exxon Not Liable For Workplace Fight Death: Texas Justices

    The Texas Supreme Court on Friday reversed a nearly $2 million jury verdict holding Exxon Mobil Corp. partly liable for a workplace fistfight that led to the death of an employee’s father, saying though the Texas judiciary does not have a formal framework for weighing an employer’s duty to control its workers, Exxon had no duty here.

  • June 23, 2017

    Rail Cos. Seek Review Of Stock Options' Tax Status

    Subsidiaries of the Canadian National Railway Co. urged the Seventh Circuit to reconsider its divided decision that nonqualified stock options are taxable in a $13.3 million lawsuit against the IRS, saying in a petition Thursday that the ruling conflicts with the court’s own prior decisions as well as U.S. Supreme Court precedent.

  • June 23, 2017

    Bloomingdale’s Takes Iskanian Challenge To High Court

    Bloomingdale’s has urged the U.S. Supreme Court to review the precedent set by California's high court in its landmark Iskanian ruling, which held that claims under the state's Private Attorneys General Act can’t be waived in employment arbitration deals, saying it created an “enormous loophole” in federal arbitration law.

  • June 23, 2017

    NY Reaches $1M Settlement With Infosys Over Visas, Taxes

    The New York attorney general’s office has reached a $1 million settlement with India-based IT consulting company Infosys to resolve claims that the company ran afoul of U.S. visa requirements by failing to pay the prevailing wage to H-1B workers and to pay proper taxes to New York state.

  • June 23, 2017

    Ill. AG Can Represent State Worker In Workers' Comp Row

    Illinois’ attorney general is the only appropriate representative for the state’s Department of Central Management Services in a workers' compensation case, despite CMS’ argument that it should have special counsel in the case, an Illinois appeals court ruled on Thursday.

  • June 23, 2017

    NBA Agent Sues Agency CEO For $30M After Firing

    Top NBA agent Dan Fegan sued his former boss Hank Ratner for $30 million in California state court on Thursday over a purported “Machiavellian” scheme to force him out of Ratner’s agency Independent Sports and Entertainment.

  • June 23, 2017

    NJ Judges Urge Court To Trim Bias Suit From Fellow Jurist

    Three New Jersey state judges and the state judiciary have urged a federal court to trim a discrimination complaint against them from a fellow state jurist, arguing that certain claims should be tossed because the action deals with his own employment status and not a matter of public concern.

  • June 23, 2017

    Walgreens Wins Toss Of Worker's Post-Settlement Claim

    A California federal judge on Friday ended a former Walgreen Co. employee’s suitable seating case, ruling Friday she couldn’t sue the company for labor violations after getting paid her portion of a $23 million settlement in another case.

  • June 23, 2017

    5th Circ. Affirms Quantlab's $12.2M Trade Secrets Win

    The Fifth Circuit rejected the last efforts of a mathematician and an attorney found to have stolen high-frequency trading firm Quantlab Technologies Ltd.’s code to launch a competing firm, saying Thursday that Quantlab proved its code was a trade secret and fairly presented its damages proposal.

Expert Analysis

  • June Brought A Flurry Of Employment Law Developments

    Adam Primm

    In the past few weeks, the U.S. Department of Labor, under new Labor Secretary Alexander Acosta, has moved to dismantle a series of Obama administration rules and guidance regarding employment regulation. Adam Primm and Peter Kirsanow of Benesch discuss what employers should know about these recent developments.

  • Employer Steps For Avoiding Business Travel Mishaps

    Elizabeth Espín Stern

    Steps taken by the Trump administration to tighten U.S. border security have signaled a new era in global mobility, both in the United States and throughout the world, in which cross-border travelers should expect more advanced investigation techniques by immigration officers as well as increased scrutiny and examination for even seemingly routine international travel, say attorneys at Mayer Brown LLP.

  • Ambiguous Regulation May Not Preclude FCA Liability

    Michael Prendergast

    The recent Lincare opinion gives notice that, at least in the Eleventh Circuit, regulation ambiguity alone will not provide an impenetrable shield against False Claims Act liability for contractors, say Michael Prendergast and Jerome Hoffman of Holland & Knight LLP.

  • DuPont Ruling And Trade Secret Enforcement Under Trump

    Joseph Fazioli

    In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Clarifying Anti-Retaliation Protections Under Dodd-Frank

    Stephen Kohn

    What protections are available under the Dodd-Frank Act’s whistleblower law if an employee reports securities fraud within the company? Courts have pointed to two separate definitions of “whistleblower” under the law to justify their differing positions. However, a more careful review of its history should resolve this prolonged dispute, says Stephen Kohn of Kohn Kohn and Colapinto LLP.

  • What To Know About New NYC 'Fair Workweek' Laws

    Aaron Warshaw

    Under local legislation set to be become effective in November, retail and fast food establishments in New York City may soon face costly and confusing pay and scheduling requirements. However, several factors could impact ultimate implementation of the laws, say Aaron Warshaw and Nicole Welch of Ogletree Deakins Nash Smoak & Stewart PC.

  • How The FCA Is Weeding Out Medicare And Medicaid Fraud

    Sarah Coyne

    If Medicare and Medicaid managed care is a garden, then false claims are the weeds. Accordingly, the government is ratcheting up its enforcement efforts in the managed care arena (the garden) using the False Claims Act (the weed killer). One particularly illustrative example is the recent settlement agreement reached in Miller v. CareCore National, say Sarah Coyne and Jon Kammerzelt of Quarles & Brady LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Update On Discovery Of Patent Prosecution Communications

    Jeffrey Thomas

    Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.