Employment

  • May 24, 2017

    SpaceX Techs Pressured To Fake Rocket-Part Tests, Jury Told

    A SpaceX employee testified Wednesday in his California wrongful firing trial that he told a human resources official that managers were pressuring workers to falsify test documents, and he wanted to talk to CEO Elon Musk directly “because managers were blocking my feedback on this.”

  • May 24, 2017

    Employee Barred From Baggage Co. Over Trade Secrets Spill

    A Florida federal judge on Tuesday issued an injunction against a former baggage handling company employee as part of a settlement agreement ending allegations that he sent the company's trade secrets to Delta Air Lines Inc. during contract negotiations.

  • May 24, 2017

    4 Key Takeaways As CBO Scores Revised ACA Repeal Bill

    The Congressional Budget Office on Wednesday predicted that Republican legislation largely repealing the Affordable Care Act would destabilize many insurance markets and put comprehensive health insurance out of reach for many Americans. Here are four takeaways from the CBO’s eagerly awaited forecast.

  • May 24, 2017

    EEOC, Other Amici Push 9th Circ. To Rethink Equal Pay Ruling

    The U.S. Equal Employment Opportunity Commission and advocacy groups asked the Ninth Circuit to reconsider its ruling overturning an employee’s win in her salary case against a California school superintendent, saying in briefs entered Wednesday the school’s pay policy perpetuates what the law sought to undo.

  • May 24, 2017

    Student Truckers Awarded $780K From Werner For Break Pay

    A Nebraska federal jury decided on Tuesday that Werner Enterprises Inc. and a subsidiary owed a class of around 52,000 student truck drivers almost $780,000 over allegations the company failed to pay the students for short rest breaks of 20 minutes or less in violation of minimum wage laws.

  • May 24, 2017

    Sito Investor Says Voted-Out Board Is Squatting

    Five of targeted-ad company Sito Mobile Ltd.’s six board members were sued in Delaware Chancery Court on Wednesday by a shareholder who says they failed to relinquish their board seats after a vote that removed them.

  • May 24, 2017

    Morgan Stanley Dodges Ex-Broker's ADA, Title VII Suit

    A Pennsylvania federal judge on Wednesday freed Morgan Stanley Smith Barney LLC from a former broker’s suit alleging a hostile work environment and retaliation, saying she only alleged sporadic acts of discrimination.

  • May 24, 2017

    DOL Moves Closer To Undoing Persuader Rule

    A proposal by the U.S. Department of Labor to scrap its controversial persuader rule, requiring employers to report arrangements to influence employees regarding union representation, is one step closer to being issued after it was sent to the White House Office of Management and Budget for review.

  • May 24, 2017

    NJ High Court Rebuffs Pension Funds' Appeal Of $1B Cuts

    The Supreme Court of New Jersey has decided not to hear an appeal from public employees in their suit seeking to block more than $1 billion in cuts to New Jersey pension funds that were spearheaded by Gov. Chris Christie.

  • May 24, 2017

    Charity Group’s NFL Fraud Suit Will Stay In Federal Court

    A Texas federal judge refused a nonprofit's request to send back to state court a lawsuit it brought against the National Football League alleging its Las Vegas charity event was wrongly moved by the league after concerns regarding its gambling rules were raised, holding the NFL hadn't missed the 30-day removal window.

  • May 24, 2017

    NY Attys Must Face Client's Suit Over Dropped Case In DC

    Two New York attorneys will have to face a suit accusing them of neglecting a client’s wrongful termination claims against Fannie Mae, a Washington, D.C., federal judge ruled Tuesday, saying the court did have jurisdiction over the case because the attorneys had agreed to represent the client in D.C.

  • May 24, 2017

    Insurer Says No Coverage For Zombie Corn Maze Death

    Capital Indemnity Corp. on Wednesday asked an Idaho federal court to find it does not have to cover a corn maze operator for a death at a Halloween zombie event in 2014, saying the incident falls under exclusions for motor vehicle accidents and employee injuries.

  • May 24, 2017

    Hot Yoga Guru's Defiance Earns Arrest Warrant, $8M Bail

    A California judge issued an arrest warrant Wednesday for Bikram Choudhury with a bail of $8 million for defying court orders to turn over assets to satisfy a $6.7 million judgment the yogi's ex-attorney won against him in a sex harassment case, according to the ex-attorney’s legal team.

  • May 24, 2017

    Class Cert. Granted To AT&T Call Center Reps In OT Suit

    A group of call center employees suing various Midwestern AT&T units for unpaid overtime in Illinois federal court were granted conditional class certification on Wednesday, and AT&T was given seven days to turn over a list of all its employees who might be eligible to join the suit.

  • May 24, 2017

    Truckers Denied Class Cert. In Rest Break Suit

    A California federal judge declined Tuesday to certify a proposed class alleging that Swift Transportation Co. of Arizona denies drivers rest periods required by state law, saying that whether a given driver should be in the class is too fact-intensive for the suit to be decided collectively.

  • May 24, 2017

    Waymo Wants Privilege Log From Uber Exec In IP Suit

    Waymo asked a California federal judge on Tuesday to force a former engineer who's now working for Uber to provide a detailed list of documents he's refusing to disclose under the Fifth Amendment in a high-profile trade secrets fight alleging the ride-sharing giant stole the Alphabet Inc. unit's self-driving car technology.

  • May 24, 2017

    Baylor U., Ex-Staffer Settle Title IX Retaliation Lawsuit

    A federal judge in Texas agreed Tuesday to dismiss a Title IX retaliation lawsuit by a former Baylor University student financial aid administrator alleging she was fired after reinstating the scholarship of a football player she said was wrongly accused of sexual assault.

  • May 24, 2017

    5th Circ. Says Employment Suit’s Removal Was Out Of Line

    The Fifth Circuit has held a Texas investment firm had no objectively reasonable basis to move to federal court an employment dispute with a former personal assistant and ordered a federal district judge to consider whether the employee should be awarded attorneys’ fees.

  • May 24, 2017

    Part Of Mom’s Suit Over Gender Bias Against Son Revived

    The Eighth Circuit on Wednesday said a Minnesota nurse can’t pursue gender bias claims under Title VII against her employer Essentia Health over its refusal to cover her son's gender reassignment surgery, but she can pursue discrimination claims under the Affordable Care Act against insurer HealthPartners Inc.

  • May 24, 2017

    1 Of 6 Classes Gets Cert. In Big Lots Wage Suit

    Big Lots Stores Inc. will face just one of six proposed classes accusing the company of cheating workers out of pay after a California federal judge on Tuesday found some of the proposed groups had claims not mentioned in the complaint.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • A New Path To Defending NLRB Employer Policy Challenges

    Adam Abrahms

    For employers that feel handcuffed by what many view as overzealous interference from the National Labor Relations Board, two recent decisions reinforce the merits of what may be the best approach to defending against charges that challenge company policies, say Adam Abrahms and Christina Rentz of Epstein Becker Green.

  • Pretax Premiums May Have Employees Singing Post-Tax Blues

    Matt Gerard

    A recent IRS memo states that payments made to participants under certain fixed indemnity health plans must be included in employees’ gross income, unless the premiums for such plans are paid on an after-tax basis. However, the memo does not address how employers should administer these taxable fixed indemnity payments, says Matt Gerard, in-house legal counsel at National Benefits Services.

  • Protecting Privilege In FCA Cases From Start To Finish

    Daniel Chudd

    Companies cannot risk failing to thoroughly investigate False Claims Act allegations. In doing so, however, companies should be wary of unintentionally waiving or failing to establish privilege. There are six common privilege pitfalls to avoid, say Daniel Chudd and Rachael Plymale of Morrison & Foerster LLP.

  • UK Internal Investigations Are Taking An Ungainly Turn

    Matthew Herrington

    The London High Court's decision in Serious Fraud Office v. Eurasian Natural Resources Corporation has a lot to say on the vitality of legal professional privilege and the conduct of internal investigations in the U.K., but its flawed logic and lack of pragmatism feel like the latest installment in SFO Director David Green's pushback against U.S.-style investigation procedures, say Matthew Herrington and Tom Best of Steptoe & Johnson LLP.

  • Fiduciary Rule Comments: Some Conflict, Lots Of Interest

    Susan Krawczyk

    During the second comment period for the U.S. Department of Labor’s fiduciary rule, more than 130 letters were filed by firms, trade groups, coalitions, think tanks and other thought leaders, and even more were filed by individuals. Susan Krawczyk of Eversheds Sutherland summarizes the comments and offers observations.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • What Lawyers Can Learn From United's Passenger Incident

    Peter Shaplen

    Following United Airlines' disastrous response to its recent mishandling of a passenger, the change to note is simply this: While there was always pressure to mount a quick legal response and communicate it, the time frame for this has been reduced to nanoseconds, say Peter Shaplen and Traci Stuart of Blattel Communications.

  • Why Hively Offers Limited Protection To LGBT Employees

    Phillis Rambsy

    Does discrimination based on gender include sexual orientation? With its decision in Hively v. Ivy Tech Community College, the Seventh Circuit recently said yes. But this answer won’t help everyone, says Phillis Rambsy of the Spiggle Law Firm.

  • The Supreme Court Puts Personal Jurisdiction On Trial

    Leslie Brueckner

    Personal jurisdiction is a popular corporate defense strategy against mass torts. And based on oral arguments before the U.S. Supreme Court last month in two important cases, the outlook seems bleak for plaintiffs looking for the right forum in which to seek a remedy, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group.