Employment

  • July 14, 2017

    2nd Circ. Says Booz Retirees May Have Securities Fraud Suit

    The Second Circuit on Thursday partly resuscitated a suit against Booz Allen Hamilton Inc. by retirees of the government contractor who say they were ripped off when the company was split in 2008, saying the plaintiffs had no case under the Employee Retirement Income Security Act but that a securities class action is possible.

  • July 14, 2017

    Houston Hospital Ex-Finance Director Claims Discrimination

    The former director of financial clearance for the University of Texas MD Anderson Cancer Center filed a lawsuit in state district court in Harris County on Thursday, alleging that he was terminated after complaining about discrimination he was subjected to following medical leave for a hemorrhagic stroke.

  • July 14, 2017

    Del. Court Won't Disturb TIAA Class Action Coverage Verdict

    A Delaware judge has left intact a verdict that placed two insurers on the hook for retirement services giant TIAA's costs to defend against and settle a pair of class actions alleging intentional and costly fund-transfer delays, and that found a TIAA excess insurer did not receive proper notice.

  • July 14, 2017

    Salk Institute Sued By Top Scientists For Gender Bias

    Two tenured professors sued the Salk Institute for Biological Studies in San Diego for gender discrimination Thursday, alleging that women are “second-class citizens” compared to their male colleagues.

  • July 14, 2017

    Uber Wins Arbitration Bid In Ill. Driver Wage Fight

    An Illinois federal judge on Friday granted a bid from Uber Technologies Inc. to compel arbitration in a proposed class action alleging the ride-hailing service misclassified drivers as independent contractors, but refused to toss the case as a whole.

  • July 14, 2017

    9 Workers Object To Proposed $2.9M BAE Wage Settlement

    Nine ship workers filed an objection Thursday to a proposed $2.9 million settlement between BAE Systems San Diego Ship Repair Inc. and nearly 2,000 employees to resolve allegations of unpaid wages and missed lunch breaks, saying the deal is inadequate.

  • July 14, 2017

    Akerman Adds 4 Partners To Labor And Employment Group

    Akerman LLP is continuing the national expansion of its labor and employment practice group with the addition of four partners formerly with the U.S. Equal Employment Opportunity Commission, Holland & Knight, Fragomen and Blank Rome, the law firm announced Thursday.

  • July 14, 2017

    Democratic Lawmakers Urge Mnuchin To Push IRA Alternative

    Five high-ranking Democratic lawmakers on Friday sent a letter to U.S. Department of the Treasury Secretary Steven Mnuchin urging him to support an Obama-era program that helps workers without access to an employer-sponsored retirement account or a private sector plan save for their post-work years.

  • July 14, 2017

    Amazon Settles Job Applicant's Background Check Suit

    A man denied a job at Amazon.com based on an allegedly inaccurate background check has reached a settlement with the online retailer to resolve his proposed class action alleging violations of the Fair Credit Reporting Act, according to a Thursday filing in New Jersey federal court.

  • July 13, 2017

    ACA Endgame In Sight As GOP Focuses On Conservatives

    The latest tweaks to Affordable Care Act repeal legislation show that Republicans are mainly focused on placating conservatives and have seemingly given up on crafting a bill that avoids large declines in health insurance coverage, experts say.

  • July 13, 2017

    7th Circ. Upholds Wis. Right-To-Work Law

    The Seventh Circuit on Wednesday upheld Wisconsin's right-to-work law prohibiting agreements that require union membership as a condition of employment and mandate "fair share fees" from nonmembers. 

  • July 13, 2017

    Ex-Lehman Workers Denied $300M In Deferred Pay Claims

    A New York bankruptcy judge on Thursday denied a request from hundreds of former Shearson Lehman Brothers Inc. workers seeking up to $300 million in deferred pay, agreeing with the defunct investment banker’s liquidating trustee that previously signed agreements subordinate their claims.

  • July 13, 2017

    Calif. High Court Reverses Discovery Ruling In Marshalls Suit

    The California Supreme Court on Thursday reversed a state appellate court decision that left in place a lower court's order that didn't force Marshalls to produce the contact information of all its employees in the state in a Private Attorneys General Act suit, saying the right to discovery in California is broad.

  • July 13, 2017

    Duke CEO Ouster Settlement OK'd, But Fee Issues Punted

    A $27 million settlement that ends a Delaware Chancery Court derivative suit over the termination of Duke Energy Corp.'s CEO received the court's approval Thursday, but issues over how a $5.9 million fee award to counsel will be divvied up remain.

  • July 13, 2017

    EEOC, Restaurants Ask For Quick Wins In Age Bias Suit

    Federal regulators and a national chain of restaurants each moved for summary judgment Wednesday in a case alleging the businesses intentionally discriminated against hiring employees over the age of 40.

  • July 13, 2017

    9th Circ. Remands Award In Nat'l Origin Bias Case

    A Ninth Circuit panel on Wednesday found a lower court wrongly imposed liability on the California State Personnel Board in a suit from a Mexican native and U.S. citizen who won his case over a question on a correctional officer job application about past use of an invalid Social Security number.

  • July 13, 2017

    Draft Bill To Repeal Fiduciary Rule Attracts Industry Support

    A draft bill that would repeal the U.S. Department of Labor’s fiduciary rule for retirement account advisers and place responsibility for a uniform fiduciary standard with the U.S. Securities and Exchange Commission attracted support from the financial industry at a Thursday hearing, but was condemned by the AARP and Democratic lawmakers.

  • July 13, 2017

    Feds Win Round In Bid To Hold Meat Co. In Contempt

    The federal government on Thursday won a bid to compel Nebraska Beef Ltd. to show why it shouldn’t be held in contempt of a court order that required it to perform non-monetary obligations under a settlement  that resolved the government’s investigation into alleged discrimination.

  • July 13, 2017

    Deputy DOL Pick Avoids Fireworks At Confirmation Hearing

    Deputy labor secretary nominee Patrick Pizzella defended his previous work under disgraced lobbyist Jack Abramoff at a confirmation hearing Thursday and pushed back against contentions that budget cuts proposed by the Trump administration will undermine the U.S. Department of Labor’s enforcement ability or its workforce development programs.

  • July 13, 2017

    Winston & Strawn Lures McDermott Worker Benefits Team

    Winston & Strawn LLP has added 10 partners to its employee benefits and executive compensation team, all of whom come from McDermott Will & Emery LLP, Winston announced Thursday.

Expert Analysis

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Evaluating The 'Timing Defense' When Fighting DTSA Claims

     Jonathan Shapiro

    Since the enactment of the Defend Trade Secrets Act last year, savvy defendants have established a viable strategy: moving to dismiss the claim where the plaintiff has only alleged facts that show acts of misappropriation occurring prior to the law's enactment date. At least a half-dozen courts have tackled this “timing defense” and defendants raising it in motions to dismiss have seen mixed results, says Jonathan Shapiro of Epstein Becker Green.

  • 3 Labor Law Issues All Employers Should Follow

    Jordan Faykus

    Later this year, decisions are anticipated from various courts regarding the enforceability of employee class action waivers, the validity of the National Labor Relations Board's joint employer doctrine, and the appropriateness of "micro units" under the NLRB's 2011 Specialty Healthcare decision. Companies operating in the U.S. will want to closely monitor these decisions and understand their potential impact, says Jordan Faykus of... (continued)

  • Monthly Column

    Gray Matters: We Feel, We Decide

    DecisionError.jpg

    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • June Brought A Flurry Of Employment Law Developments

    Adam Primm

    In the past few weeks, the U.S. Department of Labor, under new Labor Secretary Alexander Acosta, has moved to dismantle a series of Obama administration rules and guidance regarding employment regulation. Adam Primm and Peter Kirsanow of Benesch discuss what employers should know about these recent developments.

  • Employer Steps For Avoiding Business Travel Mishaps

    Elizabeth Espín Stern

    Steps taken by the Trump administration to tighten U.S. border security have signaled a new era in global mobility, both in the United States and throughout the world, in which cross-border travelers should expect more advanced investigation techniques by immigration officers as well as increased scrutiny and examination for even seemingly routine international travel, say attorneys at Mayer Brown LLP.

  • Ambiguous Regulation May Not Preclude FCA Liability

    Michael Prendergast

    The recent Lincare opinion gives notice that, at least in the Eleventh Circuit, regulation ambiguity alone will not provide an impenetrable shield against False Claims Act liability for contractors, say Michael Prendergast and Jerome Hoffman of Holland & Knight LLP.

  • DuPont Ruling And Trade Secret Enforcement Under Trump

    Joseph Fazioli

    In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Clarifying Anti-Retaliation Protections Under Dodd-Frank

    Stephen Kohn

    What protections are available under the Dodd-Frank Act’s whistleblower law if an employee reports securities fraud within the company? Courts have pointed to two separate definitions of “whistleblower” under the law to justify their differing positions. However, a more careful review of its history should resolve this prolonged dispute, says Stephen Kohn of Kohn Kohn and Colapinto LLP.