Employment

  • May 26, 2017

    NFL Cheerleaders' Wage Plot Suit Tossed In Calif.

    A California federal judge dismissed football cheerleaders' lawsuit against the NFL and the majority of its teams over alleged wage-suppression tactics, saying Friday that the antitrust complaint was insufficient and failed to meet the pleading standard.

  • May 26, 2017

    McDonald's Grills Bookkeeping Expert In Unpaid OT Trial

    McDonald’s on Friday grilled an accountant who testified the company could owe potentially $41 million in statutory penalties for arranging overnight shifts at its company-run stores in California so as to stiff thousands of workers on overtime, questioning the accountant’s qualifications and methodologies during cross-examination in the damages trial.

  • May 26, 2017

    Texas Justices Dump Damages In Noncompete Fight

    In a noncompete dispute between two health care services companies, the Texas Supreme Court on Friday held insufficient evidence supported a jury's $4.2 million lost profits award and that a $1.1 million punitive award was too high in light of the reduced actual damages.

  • May 26, 2017

    Ill. Senate Passes Workers’ Comp Changes Without Repubs

    Democrats in the Illinois Senate on Friday passed legislation to tweak workers’ compensation laws in Illinois, continuing on their mission to pass separate parts of a bipartisan negotiated package without Republican votes.

  • May 26, 2017

    Google, DOL Fight Over Withheld Compensation Data

    Google and the U.S. Department of Labor duked it out Friday over whether the tech giant must hand over employee pay data related to the government’s look into Google’s equal opportunity program, with the DOL arguing in a California administrative hearing that Google isn’t “too big to comply” with its data requests.

  • May 26, 2017

    Omnicare Pays $13M To End Kickback, Medicaid Fraud Suit

    Omnicare Inc. on Thursday asked a Massachusetts federal judge to approve a $13 million settlement to end a False Claims Act case brought by whistleblowers alleging fraudulent Medicaid claims and kickbacks to pharmacies that prescribed an antidepressant drug.

  • May 26, 2017

    Union Treasurer Charged For Putting Wife On Payroll

    Federal prosecutors in Illinois on Friday announced that a grand jury has indicted a union leader who hired his wife as part of an alleged scheme to illegally collect Social Security benefits.

  • May 26, 2017

    Arch Coal Must Face Claims It Fired Man Helping FBI Probe

    A West Virginia federal judge ruled Friday that Arch Coal Inc. and several subsidiaries must face claims they illegally fired a worker after finding out he was prepared to give the FBI evidence and testify regarding a pay-to-play scheme at a mining complex.

  • May 26, 2017

    NLRB Judge Knocks Verizon Wireless Over Handbook Rules

    A National Labor Relations Board judge on Thursday ordered several Verizon Wireless stores to strike certain employee handbook policies, including some the NLRB declared unlawful in a separate case in February and others that were not previously analyzed.

  • May 26, 2017

    4th Circ. Won't Rethink RJ Reynolds Win In $50M ERISA Suit

    The Fourth Circuit on Friday said it would not review a panel decision upholding R.J. Reynolds Tobacco Co.’s victory in an Employment Retirement Income Security Act class action alleging that the improper divestiture of Nabisco stock by the tobacco giant’s retirement plan following the 1999 breakup of RJR Nabisco Inc. cost plan participants more than $50 million.

  • May 26, 2017

    Quick Action Denied On Pause To Yahoo Pay Vote Meeting

    A Yahoo Inc. investor was denied expedited handling Friday for a preliminary injunction motion in Delaware Chancery Court seeking to delay an executive pay vote at the company’s June 8 annual meeting if the company doesn’t meet a disclosure demand.

  • May 26, 2017

    4 Recent Labor And Employment Bills You May Have Missed

    Federal lawmakers had labor and employment issues top of mind this past week, introducing a handful of bills with potentially sweeping ramifications, including legislation that would wipe out the National Labor Relations Board’s Specialty Healthcare standard, a bill to revamp federal labor law and a proposal to institute a $15 federal minimum wage.

  • May 26, 2017

    Illinois Taxi Driver Told To Refile FLSA, State Wage Claims

    An Illinois federal judge Friday told a taxi driver he will need redo his Fair Labor Standards Act and state wage claims in a putative class action alleging his former employer misclassified its drivers as independent contractors.

  • May 26, 2017

    ComEd Refuses To Hire People With Bad Credit, Suit Says

    Commonwealth Edison Co. was hit in Illinois court Thursday with class allegations that the electricity utility denies jobs to applicants who have poor credit histories even though a state privacy law prohibits employers from inquiring about credit reports.

  • May 26, 2017

    DC Circ. Overturns NLRB On Hawaii Co.'s Union Firings

    The D.C. Circuit on Friday overturned a split National Labor Relations Board ruling that a Hawaii contractor broke federal labor law by firing welders affiliated with a Boilermakers local, saying the board failed to rebut a judge’s findings that their membership was incidental to the expiration of their contract.

  • May 26, 2017

    Texas Justices Won't Recognize 'Compelled Self-Defamation'

    The Texas Supreme Court on Friday held that a former ExxonMobil Corp. contractor can take nothing on his claims against the oil and gas giant and his employer, WHM Custom Services, alleging his drug test was mishandled by a third party, because Texas law doesn't recognize a claim for compelled self-defamation.

  • May 26, 2017

    Coverage Barred By Laggardly Notice, 8th Circ. Says

    A Minnesota nationwide food wholesaler has lost the opportunity to avail itself of insurance coverage for a former salesperson’s suit seeking unpaid commissions, the Eighth Circuit ruled Thursday, because the policyholder didn’t provide notice “as soon as practicable.”

  • May 26, 2017

    NJ Atty Fights Ex-Firm's Defamation, Trade Libel Claims

    A former attorney with Weinberger Law Group LLC has urged a New Jersey state court to trim the firm's lawsuit against her, saying that the allegations are not specific enough to support defamation and trade libel counts, but the firm said its complaint sufficiently sets forth those causes of action.

  • May 26, 2017

    2nd Circ. Eyes Trader's Recordings In $83M Lehman Pay Spat

    A fabulously wealthy former Barclays Capital Inc. trader invited the Second Circuit on Friday to order the Lehman Brothers Inc. estate to make him richer by $83 million, but a three-judge panel seemed hard-pressed to ignore once-secret recordings the trader made that prompted lower courts to deny him the extra haul.

  • May 26, 2017

    Proskauer Atty Can't Win Order Protecting Mediation Docs

    A Proskauer Rose LLP attorney embroiled in a $50 million gender discrimination suit against the firm lost her bid Thursday for a court order to force mediation services provider JAMS Inc. to preserve mediation session records that documented a retaliatory threat purportedly made against her by a Proskauer representative.

Expert Analysis

  • Tribes Really Need More Than Sovereign Immunity Defense

    Erica Dominitz

    While Lewis v. Clarke may provide cause for concern for tribal employees and for tribes that may be obligated to indemnify them, tribes can protect themselves by carefully reviewing and assessing their risk management programs and the sufficiency of their liability insurance policies, say Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP.

  • An Old-School Approach To Equal Pay At 9th Circ.

    Jim McDonald.jpg

    In Rizo v. Yovino, the Ninth Circuit recently applied a decades-old equal pay precedent, one that is likely to have little impact on private sector employers in California but that might be helpful to employers elsewhere in the circuit, says James McDonald Jr. of Fisher Phillips.

  • Would Ellen Pao Still Lose Under New Calif. Fair Pay Act?

    Jacqueline Beaumont

    Ellen Pao’s 2015 gender discrimination and retaliation case against her then-employer Kleiner Perkins Caufield & Byers was a solid loss for Pao under California’s Fair Employment and Housing Act. But would it end the same way if she was able to file her claim under California’s newly amended Fair Pay Act provisions? The answer is not so clear, says Jacqueline Beaumont of Call & Jensen.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Opinion

    DOL Fiduciary Rule Puts American Investors First

    Anil Vazirani

    American workers and families should cautiously applaud U.S. Department of Labor Secretary Alexander Acosta’s recent decision to allow partial implementation of the fiduciary rule to proceed. He recognizes the need to protect retirement investors, but the reality is that investors will still need to fight to keep this protection from predatory marketing practices, says 

Anil Vazirani, president and CEO of Secured Financial Solutions LLC.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.

  • 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.