Employment

  • October 16, 2017

    Mortgage Underwriters OT-Exempt, Trade Groups Tell Justices

    The U.S. Chamber of Commerce, the American Bankers Association and other amici on Friday urged the U.S. Supreme Court to reject a Ninth Circuit decision finding mortgage underwriters were entitled to overtime, saying the conclusion departs from the long-standing application of U.S. Department of Labor rules.

  • October 16, 2017

    Kaepernick Grievance Tough To Prove In Face Of Controversy

    Free-agent quarterback Colin Kaepernick has filed a labor grievance alleging the NFL and its teams have colluded to keep him out of the league for spearheading national anthem protests last season, a charge that could destabilize the league’s labor agreement if he can manage to prove it. 

  • October 16, 2017

    9th Circ. Says Housing Loan Is Business Debt In Man's Ch. 7

    The Ninth Circuit on Monday found a $500,000 mortgage provided by an employer to induce a man to relocate to a new job is not consumer debt for Chapter 7 purposes.

  • October 16, 2017

    15 AGs Say Transgender Military Ban Is 'Unconstitutional'

    A D.C. federal court should halt the Trump administration’s plan to reinstate an unconstitutional ban against transgender members of the military, as it would discriminate against capable recruits without providing any proven benefits to the armed forces, 15 state attorneys general argued Monday.

  • October 16, 2017

    Insurers Sue Saudi Arabia For $1.5B In Losses After 9/11

    A group of 17 insurance companies from the U.S., Europe and Canada sued Saudi Arabia, two Saudi financial institutions and the construction company founded by Osama bin Laden’s father on Friday in New York federal court over their alleged roles in the 9/11 terrorist attacks, seeking compensation exceeding $1.5 billion.

  • October 16, 2017

    6th Circ. Sends Jet Pilots' Bargaining Dispute To Arbitration

    The Sixth Circuit ruled Monday that merged luxury airlines Flight Options LLC and Flexjet LLC have to arbitrate a dispute with the Teamsters over whether Flexjet pilots must be added into an existing collective bargaining agreement before changes covering both sets of pilots can be negotiated.

  • October 16, 2017

    NY Bill Would Deny Tax Credits Over Sexual Harassment

    A New York lawmaker on Monday announced her plan to introduce legislation that would deny tax credits to businesses that ignore sexual harassment, noting that producer Harvey Weinstein’s company received film production benefits in the state before it fired him amid a series of sexual assault and harassment accusations.

  • October 16, 2017

    Class Seeks Final OK On $98.3M Bon Secours ERISA Deal

    Thousands of class members affected by seven Bon Secours Health System Inc. pension plans that were allegedly in violation of the Employee Retirement Income Security Act asked a Maryland federal court Friday to give final approval to a settlement that would require the health care organization to provide $98.3 million to bolster funding.

  • October 16, 2017

    Fresenius Can't Duck FCA Claims Over Hepatitis B Tests

    Fresenius Medical Care can’t scrap parts of the federal government’s complaint in a False Claims Act suit over allegedly unnecessary hepatitis B tests billed to Medicare, a Massachusetts federal magistrate judge said Friday, rejecting arguments that the government can’t add claims that weren’t in the whistleblower’s original filing.

  • October 16, 2017

    NFL Concussion Deal Proceeds Can't Be Sold Off, Court Told

    Class counsel in multidistrict National Football League concussion litigation on Friday urged a Pennsylvania federal judge to rule that an uncapped settlement agreement prohibits players from assigning their payouts to a third party, hitting back at claims by a settlement advance firm accused of scamming NFL retirees with high-cost loans.

  • October 16, 2017

    FedEx NY Drivers Defend Cert. Bid In Misclassification Row

    A group of FedEx Ground Package System Inc. delivery drivers told a New York federal judge Friday that they’ve similarly claimed the company shorted them on pay by misclassifying them as independent contractors and should be allowed to proceed as a class.

  • October 16, 2017

    Wells Fargo Wins Temporary Bar In Client-Poaching Dispute

    A Pennsylvania state judge on Friday agreed to temporarily bar a group of ex-Wells Fargo Insurance Services USA Inc. employees from attempting to lure away any of the company’s clients to their own newly formed insurance business.

  • October 16, 2017

    Ford Workers Want EEOC Deal Delayed In Harassment Row

    Ford workers suing over alleged sexual harassment at two of the automaker’s Chicago plants asked an Illinois federal judge on Monday to block Ford from sending out notices of its settlement of similar claims by the U.S. Equal Employment Opportunity Commission, arguing the deal undercuts the workers' case.

  • October 16, 2017

    Corp. Tax Cut Will Boost Worker Income, WH Advisers Say

    A Council of Economic Advisers report released Monday claimed the proposed cut in the corporate tax rate from 35 percent to 20 percent, under the Unified Framework outlining the Republican tax reform plan, could in the medium term boost average household income between $4,000 and $9,000 annually.

  • October 16, 2017

    Former RadioShack Employees Object To Del. Ch. 11 Plan

    A group of former employees suing defunct RadioShack over botched mass layoffs urged a Delaware bankruptcy court Monday to shoot down the electronic retailer’s proposed Chapter 11 plan, saying it provides no information on how RadioShack will pay for the proposed class action if the laid-off workers prevail.

  • October 16, 2017

    PharMerica Says FCA Whistleblowers Got Info Secondhand

    PharMerica Inc. and two whistleblowers accusing the company of accepting kickbacks from drugmaker Organon USA Inc. on Friday sparred in Massachusetts federal court over whether the relators are eligible to bring a False Claims Act lawsuit, as the company claims they didn't get their information firsthand.

  • October 13, 2017

    NJ Judge Fights Training Program Ban Amid Bias Claims

    A New Jersey state judge pursuing a discrimination lawsuit urged a federal court Friday to stop the state judiciary from preventing him from attending a training program next month while he remains on administrative leave, saying that missing the event could jeopardize his eligibility to return to work.

  • October 13, 2017

    DOJ Drops Medicare Advantage Suit Against UnitedHealth

    The U.S. Department of Justice has dropped a closely watched False Claims Act suit accusing UnitedHealth Group Inc. of defrauding Medicare Advantage, apparently bowing to a California federal judge’s recent evisceration of the case.

  • October 13, 2017

    19 AGs Sue Trump Over Halted ACA Subsidies

    Eighteen states and the District of Columbia sued the Trump administration late Friday over its decision to halt billions of dollars in Affordable Care Act subsidies, saying the sudden move wasn’t explained properly and unconstitutionally disregarded mandatory spending.

  • October 13, 2017

    Live Nation's $1M Break Deal With 1,500 Calif. Workers OK'd

    A California judge Friday preliminarily approved Live Nation Worldwide Inc.’s $1.1 million settlement to resolve a putative class action alleging the entertainment giant denied breaks to 1,500 parking and traffic employees in the Golden State, saying the deal is fair and reasonable.

Expert Analysis

  • Wage And Hour Takeaways From Proposed TGI Friday's Deal

    David Miller

    A proposed $19.1 million deal to settle wage-related class claims affecting up to 28,800 employees of TGI Friday's was big news. Big news, that is, until a New York federal court quickly sent the parties back to the drawing board. The proposed settlement and the court’s reaction to it point up a number of hot spots in wage and hour suits, says David Miller of Bryant Miller Olive.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Section 409A And Deferred Compensation Arrangements

    Excerpt from Lexis Practice Advisor
    Sinead Kelly

    Section 409A of the Internal Revenue Code provides some special exemptions and exclusions for deferred compensation earned under certain foreign plans and otherwise by U.S. taxpayers who work or have previously worked outside the United States. In this article, Sinead Kelly and Narendra Acharya of Baker McKenzie outline what to know about these special rules.

  • 10th Circ. Offers FLSA Insight On Preshift Task Payment

    Lisa Hogan

    In Bustillos v. Board of County Commissioners of Hidalgo County, the Tenth Circuit recently provided more nuanced guidance regarding the compensability of preshift tasks under the Fair Labor Standards Act, especially in situations where employees are regularly required to show up early or work off the clock, say Lisa Hogan and Martine Wells of Brownstein Hyatt Farber Schreck LLP.

  • Employers Should Be Wary Of Turning Over Employee Info

    Meg Inomata

    An administrative law judge's recent decision to substantially limit the Office of Federal Contract Compliance Program’s demand for employee contact information from Google demonstrates that employers can, and should, request judicial intervention before producing their employees’ confidential information for the government, private litigants or opposing counsel, says Meg Inomata of Vedder Price PC.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • The Link Between Work Environments And Harassment Risk

    Murat Kayali

    Recently, Yellowstone National Park’s superintendent announced that he would be taking disciplinary action against 10 park employees after an investigation found that female employees at the park had been victims of sexual harassment. The problems at the National Park Service draw attention to issues that confront employers and employees located in remote areas, says Murat Kayali of Katz Marshall & Banks LLP.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Class Waiver Oral Arguments Show Room For Compromise

    Scott Oswald

    Following arguments Monday at the U.S. Supreme Court, the outcome of Epic Systems Corp. v. Lewis and its two consolidated cases is a toss-up. A 5-4 pro-employer decision may be the safe bet, but the court showed tantalizing signs that it could reach a broader consensus, says Scott Oswald of The Employment Law Group.

  • A Shift In Accommodating Employee Medical Marijuana Use

    Lino Lipinsky

    A Connecticut federal court's recent decision in Noffsinger v. SSC Niantic Operating, and other recent rulings in favor of employees and job candidates who use medical marijuana, reflects a significant shift in the law. However, it should not be seen as signifying a newfound judicial tolerance for marijuana use, says Lino Lipinsky of Dentons.