Employment

  • August 18, 2017

    Travelers Ordered To Cover Standard's Charney Suit Defense

    Travelers Indemnity Co. must cover hedge fund Standard General LP's costs to defend a defamation lawsuit brought by American Apparel's ousted CEO Dov Charney, a New York federal judge ruled Friday, finding that a policy exclusion for employment-related claims doesn't bar coverage.

  • August 18, 2017

    Cuneo Gilbert Wants Ex-Colleague Sanctioned In Bias Suit

    Cuneo Gilbert & LaDuca LLP asked a New York federal judge to sanction a former colleague suing the law firm for national origin discrimination, saying Friday that she failed to appear for a status conference earlier this month.

  • August 18, 2017

    Weingarten Applies Only To Mandatory Meetings: DC Circ.

    The U.S. Supreme Court’s Weingarten decision requires that employers let union representatives join workers only in mandatory meetings, a D.C. Circuit panel said Friday, partially reversing a National Labor Relations Board order that said a Kansas hospital must allow union reps to join two nurses at investigative hearings.

  • August 18, 2017

    MIT Immigrant Janitor Was Wrongly Detained, ACLU Says

    The American Civil Liberties Union on Thursday told a Massachusetts federal court that the government could not justify detention of a Massachusetts Institute of Technology janitor under its statutory powers or on a constitutional basis, requesting his release from immigration officials' custody.

  • August 18, 2017

    Care Managers Not Supervisors, Split NLRB Affirms

    A split National Labor Relations Board on Thursday affirmed a finding that a short-stay acute rehabilitation center’s care managers are not supervisors under the National Labor Relations Act, denying the employer’s request for review of a decision that found those managers’ pro-union remarks didn’t taint a union election outcome.

  • August 18, 2017

    Ex-Statoil Exec Says Injunction Bid Should Be Nixed

    A former Statoil unit chief technology officer urged a Texas federal judge Thursday not to place a preliminary injunction on him in a suit accusing him of masterminding a scheme to steal proprietary technology and to set up a competing business, saying he was never subject to a noncompete agreement.

  • August 18, 2017

    Excessive FCA Damages Claim Justifies Fee Award: 6th Circ.

    The Sixth Circuit on Friday granted a federal construction contractor’s bid for reimbursement of around $469,000 in legal fees incurred fighting a False Claims Act suit, ruling that the government had acted unreasonably through its “excessive” proposed damages for the underpayment of wages by a subcontractor.

  • August 18, 2017

    Reluctant Judge Approves SEC No-Fault Settlement

    A Massachusetts federal judge signed off on a $5,600 settlement between the U.S. Securities and Exchange Commission and a woman accused of tipping off her parents about regulatory concerns involving a cancer drug after questioning both sides about the no-fault pact.

  • August 18, 2017

    Bigger Claim Window Sought For Institutionalized NFLers

    An attorney representing former NFL players in the concussion settlement in Pennsylvania federal court said Friday that “institutionalized” and other unrepresented ex-players should be given two years to register for potential settlement benefits, upping his initial, one-year request from earlier this month.

  • August 18, 2017

    Schorsch Sues REIT Biz Successor For Defense Costs

    Real estate investment trust mogul Nicholas S. Schorsch sued his former flagship business for defense fee coverage Thursday in Delaware’s Chancery Court, accusing the firm of refusing to honor agreements to pay and claiming that delays threaten his efforts in multiple proceedings.

  • August 18, 2017

    Ex-UAW Official Charged In Fiat Union Payoff Scheme

    A former assistant director at the United Auto Workers Chrysler Department was charged Friday in Michigan federal court with violating the Labor Management Relations Act by allegedly accepting money and other gifts from Fiat Chrysler Automobiles US LLC employees.

  • August 18, 2017

    Consultant Not Liable To Nursing Home Workers: 6th Circ.

    A consultant that guided an Ohio nursing home during its attempt to fix dozens of health and safety violations through its sudden closure after failing to do so is not liable to a proposed class of fired workers under the Worker Adjustment and Retraining Notification Act, the Sixth Circuit said Friday in a published opinion.

  • August 18, 2017

    Union Crane Operators' Ex-Boss Pleads Guilty To Extortion

    The former head of a Michigan union chapter of heavy equipment operators has owned up to a scheme in which he forced employees to hand over portions of their salaries for a special union fund that he then used for himself, including his daughter’s wedding present, the U.S. Department of Justice announced on Friday.

  • August 18, 2017

    Honeywell Wants Ex-Exec's Bias Suit Moved To Federal Court

    Honeywell International Inc. wants a lawsuit alleging it fired a vice president because of her gender and in retaliation for her challenging bias in executive promotions to be moved from New Jersey state court to federal court, according to a notice filed Wednesday.

  • August 18, 2017

    Vacancies Slowing Pro-Biz Shift At Trump's DOL

    President Donald J. Trump’s deregulatory bent inspired cautious optimism among employers, but employment attorneys say change has been slow in coming at the U.S. Department of Labor, which still has key political positions unfilled seven months after the president's inauguration.

  • August 18, 2017

    EEOC Gets Quick Win In Bob Evans Pregnancy Bias Suit

    A Bob Evans restaurant discriminated against a pregnant server when it took her off its automatic scheduling system and cut her hours despite her desire to keep working, a Pennsylvania federal judge said Thursday in a rare partial summary judgment order for a plaintiff, here the U.S. Equal Employment Opportunity Commission.

  • August 18, 2017

    House Lawmakers Press IRS To Beef Up Rehiring Policies

    House Ways and Means Committee members urged the Internal Revenue Service to stop rehiring employees who had been fired for performance issues, noting Thursday that the agency has come under fire for the practice and that a recent audit raised “serious concerns.”

  • August 17, 2017

    4th Circ. Won't Revive HR Worker's DOD Contractor Bias Row

    The Fourth Circuit on Thursday shut down a human resources director’s retaliation and sex discrimination case against government contractor Sciences and Engineering Services LLC, finding she hadn’t proven she was fired for trying to end discriminatory practices at the company.

  • August 17, 2017

    NFL Opposes Extension For Institutionalized Class Members

    The NFL on Thursday opposed a motion made by an attorney representing former football players in the concussion settlement class in Pennsylvania federal court asking for a yearlong extension for “institutionalized” ex-players to register for potential settlement benefits, arguing that the settlement already allows such late claims for “good cause.”

  • August 17, 2017

    Fla. Woman Charged With Embezzling $2.6M From Cruise Biz

    A finance employee of a Miami-based onboard retailer for cruise ships owned by LVMH Moet Hennessy Louis Vuitton SE was slapped with criminal charges in Florida federal court on Wednesday accusing her of a fraud scheme to steal more than $2.6 million from her company.

Expert Analysis

  • Clarifying FCRA Stand-Alone Disclosure Rule At 7th Circ.

    Steven Pearlman

    The Seventh Circuit's recent decision in Groshek v. Time Warner Cable is a valuable win for employers, as it provides important guidance as to what does not constitute a concrete injury with respect to the Fair Credit Reporting Act stand-alone disclosure rule, say attorneys with Proskauer Rose LLP.

  • What 'Employers' Should Know As Summer Interns Move On

    Shlomo Katz

    As August winds down and summer interns transition back to school, some of the workplaces that welcomed interns last spring may wonder if they might face a lawsuit for wages and overtime under the Fair Labor Standards Act. While such lawsuits were trending just a few years ago, several court rulings have put a damper on such litigation, says Shlomo Katz of Brown Rudnick LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Waffle House Arbitration Ruling May Reach Past 11th Circ.

    Neal Ross Marder

    The impact of the Eleventh Circuit's recent decision in Jones v. Waffle House may be far-reaching, as it has significantly widened the circuit split over the "wholly groundless" exception to arbitrability clauses, and has added persuasive authority that could sway undecided circuits to join in rejecting that exception, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • Opinion

    The Proper Measure Of The Value Of Class Actions

    Gary Mason

    Despite many examples of benefits obtained by plaintiffs, corporate America loudly claims that class actions don’t benefit anyone other than the attorneys who bring them. What do they base this on? Not much, says Gary Mason of Whitfield Bryson & Mason LLP.

  • Lehman Ruling Sets Stage For Future Subordination Contests

    John Stigi

    The Second Circuit's determination that former Lehman Brothers employees' restricted stock units are securities is important to creditors seeking to safeguard their priority position among bankruptcy claimants, say John Stigi and Christopher Bosch of Sheppard Mullin Richter & Hampton LLP.

  • When Are Appellate Time Limits Jurisdictional?

    Eric Miller

    During its upcoming term, the U.S. Supreme Court will examine Federal Rule of Appellate Procedure 4(a)(5), which limits a district court's authority to extend the time for filing appeals. The court’s decision should further clarify the distinction between jurisdictional and nonjurisdictional time limits, says Eric Miller, chairman of the appellate practice at Perkins Coie LLP.

  • A New Legal Precedent: Insurance Agents As Employees

    Kristine Ellison

    An Ohio district court's ruling in Jammal v. American Family is notable for is departure from industry practice and prior precedent treating many insurance agents as independent contractors. Insurers and other employers will be watching the U.S. Court of Appeals to see what guidance this case ultimately provides for assessing contractor status, say attorneys with Eversheds Sutherland LLP.