Employment

  • February 9, 2018

    Bucs Look To Dodge Player's Negligence Claim In Injury Suit

    The Tampa Bay Buccaneers are looking to dismiss a lawsuit brought by a former National Football League player alleging the team concealed the extent of his injuries to induce a settlement, telling a Florida federal court that the claims are barred by the collective bargaining agreement.

  • February 9, 2018

    ​​​​​​​Disneyland Edges Toward Early Win In FCRA Class Suit

    A California judge on Friday tentatively granted Disneyland’s bid for an early win in a class action alleging the park violated the Fair Credit Reporting Act by preventing job applicants with adverse background checks from attending orientation pending possible appeals, while the applicants argued the park violated the statute.

  • February 9, 2018

    Waymo Settlement With Uber Ends Wild Ride

    Waymo and Uber reached a settlement Friday to end their blockbuster trade secrets fight over self-driving car technology, capping off a year of contentious discovery disputes, shocking revelations and numerous delays. Here's a play-by-play of how we got here.

  • February 9, 2018

    NHL Players Fight Bid To Dump Experts From Concussion Suit

    National Hockey League players in multidistrict litigation over the league’s alleged concealment of the dangerous effects of concussions urged a Minnesota federal judge Friday not to bar the testimony of four experts in the case, saying the NHL’s argument that the opinions are unsupported or irrelevant misses the mark.

  • February 9, 2018

    DOJ's No-Poach Stance Attaches Big Risk To Nuanced Issue

    Looming criminal prosecutions from the U.S. Department of Justice's Antitrust Division targeting employment issues, including agreements by companies not to hire each other's workers, show that the area is a serious concern for the new administration, meaning companies need to be on notice about the heightened risks associated with criminal charges and where to look for problems.

  • February 9, 2018

    Judge Denies Truckers' Bid For New Trial, Slashes Atty Fees

    A Nebraska federal judge on Friday denied student truck drivers’ bid for a new trial in their class action alleging Werner Enterprises Inc. and a subsidiary violated minimum wage laws, granting only $337,293.69 in attorneys' fees despite their request for $2.2 million after finding vague expense explanations.

  • February 9, 2018

    Girardi Keese Must Open Books On $130M Deal, 9th Circ. Told

    An attorney whose client accused Girardi Keese of mismanaging a $130 million settlement with Lockheed Martin urged the Ninth Circuit on Friday to allow an accounting of the funds to move forward, while the firm argued that a lower court correctly found the suit was time-barred since the funds were distributed nearly two decades ago.

  • February 9, 2018

    Mich. State Seeks Removal Of Med School Dean Over Nassar

    Michigan State University interim President John Engler on Friday asked the university to revoke the tenure of the former dean of the College of Osteopathic Medicine after he failed to notify the MSU HealthTeam about guidelines that had been established to monitor former gymnastics doctor Larry Nassar as a result of a 2014 sexual harassment investigation.

  • February 9, 2018

    Ex-BofA Worker Overstating Claim, Bank Expert Tells Jury

    Bank of America NA closed out its defense Friday in a California federal trial over a former client manager's blacklisting and defamation claims, calling on a certified public accountant to testify that the plaintiff was “grossly” overstating the value of her blacklisting claim.

  • February 9, 2018

    Calif. Homeowner Association Hit With $2M Slander Verdict

    A California federal jury on Thursday found a homeowners association liable for $2 million to its former golf director, who said his supervisor spread distressing lies about him, including that he kept child pornography on his work computer.

  • February 9, 2018

    Stanley Steemer Hit With FSLA Class Action Over Unpaid OT

    A putative class of current and former Stanley Steemer employees hit the carpet cleaning chain with a Fair Labor Standards Act suit in Illinois federal court Thursday, alleging Stanley Steemer routinely failed to pay employees overtime, even though they regularly worked over 40 hours per week.

  • February 9, 2018

    Fed Circ. Says Federal Military Leave Provisions Are Broad

    The Merit Systems Protection Board took too narrow a view of what constitutes support for a military operation when it upheld a decision denying an Army reservist’s request for additional military leave after he was called to active duty, the Federal Circuit ruled Friday.

  • February 9, 2018

    Chefs' Warehouse Drivers Denied Class Cert. In Wage Suit

    The Chefs’ Warehouse Inc. on Thursday defeated class certification in a wage-and-hour class action brought by a group of delivery drivers, as a California federal judge found the lead plaintiffs in the case — who promised their sanctioned attorney wouldn’t represent the class — were inadequate class representatives.

  • February 9, 2018

    GrubHub Win Doesn't Settle Debate Over Gig Workers' Status

    A first-of-its-kind ruling holding that a former Grubhub delivery driver was an independent contractor rather than an employee was a victory for gig economy employers who hope the decision bodes well for their chances of defeating similar lawsuits, but experts say businesses shouldn't get too excited.

  • February 9, 2018

    Sen. Murray Asks Trade Groups For Sex Harassment Data

    U.S. Sen. Patty Murray, D-Wash., on Friday called on a dozen top business groups, including the U.S. Chamber of Commerce and the National Association of Manufacturers, to turn over information about the way their industries and members handle sexual harassment allegations.

  • February 9, 2018

    Hunton & Williams Nabs 4 Employment Attys From Reed Smith

    Hunton & Williams LLP has bolstered its employment law bench by adding a four-attorney team from Reed Smith LLP to its Los Angeles office, the firm announced Thursday.

  • February 9, 2018

    Fox's 'Unusual' $90M Scandal Deal Gets Chancery's OK

    Terming the deal “unusual” but sensible, Delaware’s Chancery Court approved a $90 million settlement Friday between Twenty-First Century Fox Inc. and investors seeking a company recovery of huge payouts in sexual harassment scandals involving Fox News management and talent.

  • February 9, 2018

    Eversheds Sutherland Snags 2 Jackson Walker Attys In Texas

    Eversheds Sutherland said Thursday it has snagged two labor and employment attorneys from Jackson Walker LLP, saying they have come on to the firm as partners in the Houston office.

  • February 9, 2018

    Mental Health Centers Strike $4M Deal In Medicaid Fraud Row

    A company that operates several mental health centers in Massachusetts has agreed to pay $4 million to settle accusations that it improperly billed the state Medicaid program for services provided by unlicensed, unqualified and unsupervised employees, Attorney General Maura Healey announced Thursday.

  • February 9, 2018

    Flight Attendants Slam Virgin's Bid To Decertify Wage Action

    A class of 1,800 flight attendants accusing Virgin America Inc. of shorting them on wages and meal breaks slammed the airline's bid to decertify their California class action on Thursday, saying the company's policies were applied uniformly to the class and that the airline is twisting facts to back its play.

Expert Analysis

  • Tax Reform Reshuffles The Deck For Outsourcing

    Gary Wilcox

    The new tax bill changes the calculus for cross-border services outsourcing and cloud agreements. For a U.S.-parented provider deciding whether to increase its U.S. operations relative to non-U.S. operations, several provisions must be considered, including the deduction for foreign-derived intangible income, the tax on global intangible low-taxed income and the base erosion and anti-abuse tax, say attorneys at Mayer Brown LLP.

  • 4 Issues Of Interest From Revived DOL Opinion Letters

    Shlomo Katz

    Seventeen opinion letters that were signed by the administrator of the U.S. Department of Labor's Wage and Hour Division in the closing days of the George W. Bush administration, but never mailed, were recently issued formally. Addressing a range of Fair Labor Standards Act issues, they provide insight into how the current DOL will enforce the law, says Shlomo Katz of Brown Rudnick LLP.

  • America's Shifting Views On Marijuana Post-Cole Memo

    Jonathan Robbins

    Although Attorney General Jeff Sessions' rescission of the Cole memo does not change federal law, negative response to the rescission across the cannabis sector and political landscape was strong, swift and bipartisan, which may lead to congressional action in the future, say Jonathan Robbins and Joshua Mandell of Akerman LLP.

  • 2017 Health Care Enforcement Review: Trends In FCA Cases

    Kevin McGinty

    The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.

  • Structuring Unpaid Internships After Wang V. Hearst

    Michael Pepperman

    The Second Circuit's recent decision in Wang v. Hearst Corporation, coupled with a recent announcement from the U.S. Department of Labor, demonstrates that the flexible, multifactor “primary beneficiary” test for unpaid interns established in Glatt v. Fox Searchlight Pictures is now easier for employers to satisfy, say Michael Pepperman and Ivo Becica of Obermayer Rebmann Maxwell & Hippel LLP.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.

  • The Latest From IRS On Section 409A Relief

    Marc Fosse

    Taxpayers required to include the value of their 457A plan benefit in income before receiving a distribution may find they have an unexpected tax hit without a plan distribution to cover the tax liability. But a notice recently issued by the IRS allows for distribution of funds from 457A plans without incurring additional penalties under Section 409A of the Internal Revenue Code, say Marc Fosse and Yatindra Pandya of Trucker Huss APC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Practitioner's Guide To Statistical Sampling: Part 4

    Brian Kriegler

    Brian Kriegler of Econ One Research concludes his series on statistical sampling by addressing several common misperceptions about random sampling requirements.

  • What To Know About NY's New Paid Family Leave Law: Part 2

    Tony Dulgerian

    In their final article discussing New York's new paid family leave law, attorneys with Nixon Peabody LLP address common employer questions regarding the definition of "wages," how the law interacts with other federal, state and local leave and benefits laws, and recent updates to official paid family leave forms.