Employment

  • May 22, 2017

    OSHA Delays Workplace Injury Reporting Requirement

    The U.S. Department of Labor’s Occupational Safety and Health Administration has said it will delay a record keeping and reporting requirement that calls on employers to electronically submit information about workplace injuries and illnesses.

  • May 22, 2017

    Judge Rips Counsel Switch In Diplomat's Forced Labor Case

    A New York federal judge was critical Monday of a former Chinese diplomat’s choice to drop Dorsey & Whitney LLP in favor of Proskauer Rose LLP as counsel to defend against charges of using construction workers as forced labor, and said she wants to hear no complaints about any delays.

  • May 22, 2017

    Pa. Doctors Want Kickbacks Suit Nixed After 3rd Circ. Ruling

    A cardiology practice has urged a Pennsylvania federal court to reconsider its decision not to toss Medicare kickback claims brought by a relator against it and a University of Pittsburgh medical center, in light of a recent Third Circuit ruling that established a higher standard for False Claims Act cases.

  • May 22, 2017

    Puerto Rican Agencies Added To Restructuring

    The number of entities engaged in Puerto Rico’s restructuring doubled over the weekend to four, as the board overseeing the U.S. territory’s bankruptcy-like process filed relief petitions for the island’s largest public pension system and its transportation agency, which both owe billions to debt holders.

  • May 22, 2017

    6th Circ. Closes Book On Vanderbilt Prof's Sex Bias Suit

    The Sixth Circuit on Monday upheld Vanderbilt University’s win in a female professor’s suit alleging she was treated less favorably and fired because of her gender, saying she failed to point out any similarly situated men who fared differently.

  • May 22, 2017

    Ohio Steel Plant Faces OSHA Penalties Over Safety Violations

    An Ohio-based automotive steel manufacturer is facing almost $280,000 in proposed penalties after federal investigators found that employees at one of its plants were exposed to lead and machine hazards, the U.S. Department of Labor’s Occupational Safety and Health Administration announced Friday.

  • May 22, 2017

    Uber Seeks To Pause Waymo Suit Pending Fed. Circ. Appeal

    Uber Technologies Inc. is seeking to stay California federal court proceedings while it appeals a decision denying its bid to arbitrate trade secret and patent infringement claims from Waymo LLC over driverless car technology allegedly stolen by a former top engineer.

  • May 22, 2017

    Stolen Trade Secrets Cost Pharmacy $2M Per Month, Suit Says

    A New Jersey-based pharmacy is unlawfully using trade secrets and confidential information provided by the former employees of one of its competitors, costing the competitor more than $2 million per month in lost patients and physician referral sources, according to a suit filed Monday in federal court.

  • May 22, 2017

    Whistleblower Accuses Dish Network Of Retaliation

    A former Dish Network LLC employee who accused the company of blacklisting him in retaliation for his alleging widespread bribery in its international marketing department asked a New York federal judge for a partial win on Friday, saying his role in pointing out wrongdoing is protected by federal law.

  • May 22, 2017

    NLRB Tells DC Circ. Fake Gun Incident Didn't Taint Union Vote

    The National Labor Relations Board on Friday urged the D.C. Circuit not to disturb a ruling to uphold a pro-union vote by employees at three of gym chain Equinox’s San Francisco locations, arguing that the chain has embellished a situation in which an employee who later served as a union vote observer was fired for brandishing a realistic-looking plastic handgun.

  • May 22, 2017

    Celeb-Going NYC Restaurant Settles Tips Suit For $1.1M

    Ex-employees at celebrity-studded French restaurant Bagatelle in Manhattan’s Meatpacking District on Monday asked a New York federal judge to approve their $1.1 million settlement after claiming in a proposed class action that the restaurant broke the law by misappropriating employees’ tips.

  • May 22, 2017

    Bankrupt Avaya Attacked Over Survivor Benefits

    The widow of a former Avaya Inc. worker told a New York bankruptcy court on Sunday that she and other recipients of survivorship benefits cannot be shoved aside in the tech company's bankruptcy, citing appellate precedent in which an Avaya ancestor agreed with her characterization of the benefit.

  • May 22, 2017

    3 More Workers Hit Fox News With Discrimination Suits

    Three more current and former Fox News Network LLC employees on Monday hit the company various discrimination claims, with counsel for the workers saying that they now represent 23 people who have alleged they were subjected to discrimination and retaliation at the company.

  • May 22, 2017

    Service Adviser OT Case Makes 2nd Trip To High Court

    A California Mercedes-Benz dealership has asked the U.S. Supreme Court for a second time to consider whether its service advisers are exempt from overtime under the Fair Labor Standards Act, a year after the justices issued a limited ruling that didn’t address that central question.

  • May 22, 2017

    MasTec Urges High Court To Review DirecTV Firing Dispute

    A DirecTV Inc. contractor has urged the U.S. Supreme Court to review a split D.C. Circuit panel decision backing a National Labor Relations Board’s finding that the companies must reinstate Florida technicians fired for complaining about the company’s new pay policy in an interview with a local news station.

  • May 22, 2017

    High Court Asked To Restore ERISA Suit Over Madoff Profits

    A New York engineers' union fund has petitioned the U.S. Supreme Court to revive its suit against the Bank of New York Mellon and Ivy Investment Management over decades-old Bernie Madoff investment advice, saying the Second Circuit violated bedrock principles of the Employee Retirement Income Security Act when affirming the case’s dismissal.

  • May 22, 2017

    Supreme Court Won’t Take Up US Bank Whistleblower Case

    The U.S. Supreme Court on Monday said it would not hear an appeal seeking to revive a whistleblower lawsuit alleging that U.S. Bank NA defrauded a federal mortgage program.

  • May 22, 2017

    Hague Convention Allows For Service By Mail, Justices Say

    Lawsuit process service abroad can properly go through a mailbox, under the Hague Service Convention, provided the jurisdiction hearing the suit recognizes mail service and the foreign jurisdiction doesn't object, the U.S. Supreme Court said on Monday in a unanimous decision reviving a splash pad company's dormant Texas trade secrets suit.

  • May 19, 2017

    Software Developer Pleads Guilty To Stealing Code

    A software developer arrested in late 2015 has pled guilty to economic espionage and theft of a trade secret in connection with stolen source code from his former employer and his apparent efforts to sell it and use it for the Chinese government, prosecutors said Friday.

  • May 19, 2017

    Standard Register Settles $10M Dispute With Liberty Mutual

    The bankruptcy trust of Standard Register Co. has settled a $10 million dispute over workers' comp insurance with Liberty Mutual Insurance Co., according to a motion filed Thursday in Delaware bankruptcy court.

Expert Analysis

  • The Defend Trade Secrets Act — A Year In Review

    Boris Zelkind

    In honor of the one-year anniversary of the signing of the Defend Trade Secrets Act, attorneys at Knobbe Martens Olson & Bear LLP tracked every DTSA case filed over the last year to see how the law is affecting our courts and how it is being utilized throughout the country.

  • How 2 Courts View Gov't Role In Nonintervened FCA Cases

    Douglas Baruch

    Both the Eleventh Circuit's decision last week in the Everglades College case and a Florida federal court's ruling last month in Salus Rehabilitation take aim at the government’s practices in nonintervened False Claims Act qui tam cases — with mixed results, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • 6 Habits Of A Successful Tech Lawyer

    Caine Moss

    Many reputable tech lawyers are competent enough to handle the typical corporate work of a young startup, but when thorny issues inevitably arise, tech entrepreneurs deserve lawyers who can operate as true business partners, says Caine Moss of Goodwin Procter LLP.

  • Putting Gov't Employee Social Media Policies To The Test

    Patrick Hicks

    Despite our sophistication in social media and its ever-growing impact on how work gets done in modern society, public employers are rapidly facing challenges in how to implement workplace policies. A recent example is a Nevada federal court's pending decision in John Sabatini v. Las Vegas Metropolitan Police Department, say Patrick Hicks and Sandra McMullan of Littler Mendelson PC.

  • Defending Against SOX Whistleblower Retaliation Claims

    Joseph Costello

    Employers defending against retaliation claims brought under the Sarbanes-Oxley Act often build their defense around the argument that there was a legitimate, nonretaliatory basis for any adverse employment action taken against the whistleblower. However, an alternative approach that is sometimes overlooked is to take on the issue of the whistleblower’s reasonable belief, say Joseph Costello and Joseph Nuccio of Morgan Lewis & Bockius LLP.

  • Defining The Scope Of Property Improvements In Texas

    Pierre Grosdidier

    In the wake of Ineos v. Elmgren last year, Texas appellate courts have split over the exact meaning of a Chapter 95 improvement when determining whether premise owners are liable for employees' work-related injuries, says Pierre Grosdidier of Haynes and Boone LLP.

  • H-1B Cap Completed: A Look At Employer Alternatives

    Elizabeth Espín Stern

    As expected, last week U.S. Citizenship and Immigration Services announced that data entry for the fiscal year 2018 H-1B cap had been completed, which means many employers are left wondering, what now? Attorneys with Mayer Brown LLP outline the primary options and discuss potential H-1B reforms on the horizon.

  • Hospital Best Practices After 3rd Circ. Title IX Decision

    Amanda Wingfield Goldman

    In light of the Third Circuit's recent decision in Doe v. Mercy Catholic Medical Center, hospitals must determine whether their residency programs fall under Title IX’s umbrella. By treating medical residents like employees, hospitals can better defend against possible Title IX claims, say Amanda Wingfield Goldman and Vinson Knight of Coats Rose PC.

  • When You Can't Fire An Employee For A Nasty Facebook Post

    Stephanie Caffera

    Employee discipline may seem like an uphill battle, especially when dealing with the protections afforded to employees under the National Labor Relations Act. The Second Circuit's recent decision in National Labor Relations Board v. Pier Sixty demonstrates several related lessons, including how the NLRA continues to be construed much more broadly than employers generally expect, say attorneys with Nixon Peabody LLP.

  • Making H-1B Administrative Changes: Easier Said Than Done

    Leon Fresco

    Language in the recent "Buy American, Hire American" executive order suggests that an expansion of visas is not the administration’s preference for H-1B reform. Instead it prefers addressing visa shortages by changing how they are allocated. Therefore, the natural question any lawyer would ask is whether the goal of allocating visas based on wage or skill level can be accomplished administratively, says Leon Fresco of Holland & Knight LLP.