Employment

  • February 23, 2018

    Air Unions Fight To Upend Norwegian Air Permit At DC Circ.

    Airline unions urged the D.C. Circuit Friday to upend the U.S. Department of Transportation's grant of a foreign air carrier permit to Norwegian Air Shuttle ASA's Irish subsidiary, arguing all they need for standing for the challenge is market entry by a competitor that allegedly will undercut labor standards.

  • February 23, 2018

    Judge Sees Ex-Fox Pundit's Side On Failure-To-Hire Claims

    Former Fox News commentator Scottie Nell Hughes did hundreds of unpaid appearances because she wanted a paid job, a Manhattan federal judge observed Friday, hinting that failure-to-hire portions of her harassment, retaliation and rape suit targeting Fox and host Charles Payne might survive the network's dismissal bid.

  • February 23, 2018

    Calif. Panel Says Staffing Co. Can't Arbitrate Wage Claims

    The Federal Arbitration Act doesn’t apply to an employment agreement a truck driver signed with a staffing firm that placed him, a California state court ruled Friday, adding that the employer can’t enforce a provision in that contract barring him from pursuing class action claims.

  • February 23, 2018

    Up Next At The High Court: Antitrust Rule, Public Unions

    The U.S. Supreme Court is closing out its February oral argument session with a blockbuster docket, taking on a key doctrine of antitrust law in a case involving American Express Co. and pondering the fate of public sector unions.

  • February 23, 2018

    Sallyport Sues 'Disgruntled' Former Workers For Defamation

    Defense contractor Sallyport Global Holdings sued two former employees for defamation in Virginia state court Friday, alleging they had deliberately lied about the company's alleged involvement in a sex trafficking ring, fraud and efforts to conceal information about security breaches as part of its support work at Balad Air Force Base in Iraq.

  • February 23, 2018

    TIGTA Criticizes IRS' Worker Misclassification Project

    The Treasury Inspector General for Tax Administration released a report on Friday calling on the IRS to better implement its worker misclassification initiative, saying the agency has not effectively done so because of staff turnover, decreased funding and other competing priorities.

  • February 23, 2018

    9th Circ. Flips ERISA Ruling To Favor Transamerica

    A Ninth Circuit panel ruled Friday that Transamerica was not a fiduciary to a class of investors when the company negotiated terms with their employers to manage their retirement plans, effectively dismissing claims that Transamerica violated ERISA by charging certain fees and revenue sharing with fund managers.

  • February 23, 2018

    Justices Urged To Find Railroad Stock Options Not Taxable

    Railroads and a trade group told the U.S. Supreme Court in three amicus briefs filed on Friday that the court should reverse a Seventh Circuit decision and find $13.3 million in stock options given to railroad employees at subsidiaries of the Canadian National Railway Co. not taxable under a federal railroad statute.

  • February 23, 2018

    EEOC Sues Construction Co. Over Disabled Worker Firings

    A Texas-based construction company violated federal disability law when it fired workers at a Chevron refinery after finding out about their past surgeries and other ailments, the U.S. Equal Employment Opportunity Commission has alleged in Mississippi federal court.

  • February 23, 2018

    French Rail Worker Fired Over Porn Files Loses Privacy Case

    A European human rights court has nixed a French rail worker’s claim that his privacy rights were breached when his bosses found his stash of pornographic files on his work computer, ruling that French law only protects employees in such matters if the files are clearly marked private.

  • February 23, 2018

    Jevic Floats New Plan Settlement To Comply With High Court

    Bankrupt trucking firm Jevic Holding Corp. filed a modified settlement deal late Thursday in Delaware that it said addresses a U.S. Supreme Court ruling in relation to the structured dismissal of its Chapter 11 case and provides for payments of priority claims asserted by a group of terminated employees.

  • February 23, 2018

    BofA Looks To Trim Ex-Banker’s Meal, Rest Break Claims

    Bank of America urged a California judge on Friday to rethink her tentative ruling and trim meal and rest break claims from a former banker’s putative class action, arguing that as an ex-employee, she’s not entitled to injunctive relief and therefore shouldn’t be allowed to pursue the claims.

  • February 23, 2018

    Top Dem Wants Hearing On NLRB Member's Alleged Conflicts

    The House Education and Workforce Committee's top Democrat called Friday for a hearing into whether National Labor Relations Board member Bill Emanuel’s ties to Littler Mendelson PC should have disqualified him from participating in a landmark joint employment case, as the inspector general recently concluded. 

  • February 23, 2018

    Union Foes Angle For Knockout In 'Right To Work' Fight

    More than 40 years ago, the National Right to Work Legal Defense Foundation fell short of persuading the U.S. Supreme Court to let workers represented by public-sector unions withhold payment for that representation — one of its founding aims — in Abood v. Detroit Board of Education. On Monday, the group gets another shot before a high court that many expect to rule in its favor.

  • February 23, 2018

    ​​​​​​​Penske Gets Green Light On $3.2M Break, OT Deal

    A California court judge on Friday granted preliminary approval to a $3.2 million deal to settle claims that Penske Automotive Group Inc. dealerships in the Golden State failed to provide appropriate breaks and overtime pay for some 1,750 employees working on commission.

  • February 23, 2018

    US Steps Into Tricare FCA Suit Against Pharmacy, PE Owner

    The government has intervened in a False Claims Act suit accusing a Florida compounding pharmacy and its private equity fund owner of running a kickback scheme that induced Tricare to pay more than $68 million for medically unnecessary prescriptions, the U.S. Department of Justice announced Friday.

  • February 23, 2018

    T-Mobile Fights For 3rd Labor Bargaining Option At DC Circ.

    T-Mobile urged a D.C. Circuit panel Friday to carve out a third option from the normal two when employers learn a bargaining unit is operating without the support of most workers, an option that would’ve allowed the telecommunications company to stop most negotiations with one union branch its been dealing with.

  • February 23, 2018

    NJ Panel Affirms Award Over IT Worker's Unauthorized Access

    The New Jersey Appellate Division on Friday refused to disturb a $27,000 judgment in favor of an information technology company that alleged its former worker accessed its system without authorization and destroyed data, ruling that a bench trial judge had properly assessed the evidence.

  • February 23, 2018

    BNY Mellon Staffer Who Embezzled $7M Gets 3-Year Sentence

    A former accounts payable manager at Bank of New York Mellon who copped to wire fraud after Manhattan federal prosecutors accused him of embezzling more than $7 million was sentenced on Friday to three years behind bars, about half of what the government sought.

  • February 23, 2018

    Judge Calls For Sanctions In WWE Concussion Suit

    A Connecticut federal judge on Thursday recommended partial sanctions against the lead attorney for two former wrestlers in the concussion suit against World Wrestling Entertainment Inc., calling for him to pay for legal fees associated with the sanctions motion and warning him that failure to follow another court order would result in his dismissal from the suit.

Expert Analysis

  • The Latest On Sexual Harassment Reform In Congress

    Bill Pittard

    Sexual harassment in the workplace has been in the news. You may have noticed. And that issue, as things in the news so often do, has made its way to the Hill. Bill Pittard, partner at KaiserDillon PLLC examines the existing law and practice under which sexual harassment allegations in the congressional workplace typically are handled, and touches on the key elements of the leading House proposals to amend that framework.

  • Litigation Over The Flu Shot: A New Symptom Of Flu Season

    Howard Miller

    Recent legal challenges beg the question: Can an employer lawfully require its employees to be vaccinated against the flu? Although this is a relatively straightforward question, the answer is far from simple and implicates federal, state and even local law, say Howard Miller and Jessica Moller of Bond Schoeneck & King PLLC​​​​​​​.

  • How Tax Reform Changes The Treatment Of Fringe Benefits

    Mary Hevener

    The Tax Cuts and Jobs Act significantly changed the federal taxation of fringe benefits. With the elimination or reduction of deductions for employers, elimination of employee exemptions and other changes, reform's treatment of fringe benefits promises a ripple effect reaching many aspects of employee compensation, say attorneys at Morgan Lewis & Bockius LLP.

  • In Somers, High Court Takes Us Back To 2014

    Scott Oswald

    Justice Ruth Bader Ginsburg’s opinion in Digital Realty Trust v. Somers, which put a tight limit on anti-retaliation protections under the Dodd-Frank Act, emerged on Wednesday as the obverse of her 2014 opinion in Lawson. The real-world impact of Somers is likely to be immediate and somewhat perverse, says Scott Oswald of The Employment Law Group PC.

  • What Employers Can Learn From Waymo V. Uber

    Brian Arbetter

    While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.

  • Opinion

    Gig Economy Business Model Skirts Calif. Labor Laws

    Mike Arias

    California workers have spent over a century carving out the rights to have fair working conditions, an eight-hour work day and to be paid a living wage. The gig economy largely seeks to circumvent these well-established laws, says Mike Arias of Arias Sanguinetti Wang & Torrijos LLP.

  • Series

    What I Learned In My 1st Year: Working For Uncle Wally

    Paul Hamburger

    My uncle asked me to research some point of law. I left his office to collect my thoughts, then went back in and asked him a question or two. He looked up and gave me his six-word answer: “Do I look like a library?” He taught me that there are no shortcuts to doing your job, says Paul Hamburger of Proskauer Rose LLP.

  • Handling Federal, NY State And NYC Background Check Laws

    Brian Murphy

    State and local laws that overlap and intersect with the Fair Credit Reporting Act's requirements have proliferated in recent years. New York state and New York City employers face perhaps the greatest burden in untangling these competing paradigms, because compliance with one does not ensure compliance with another, says Brian Murphy of Sheppard Mullin Richter & Hampton LLP.

  • Opinion

    Success For #MeToo Means Reopening Courthouse Doors

    Terry O'Neill

    Workplace harassment persists, in part, because employees are often reluctant to report it. However, there is another barrier which, although less recognized, may be even more important: Quietly, more and more employers have been taking drastic steps to block workers from enforcing their rights, says Terry O’Neill, executive director of the National Employment Lawyers Association.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.