Employment

  • July 12, 2017

    Drinker Biddle Beats Ex-Associate’s $30M Firing Suit

    A California judge on Tuesday tossed the final claims of a former Drinker Biddle & Reath LLP associate’s $30 million wrongful firing suit, saying there wasn’t factual support for fraud allegations that included a purported promise that she would stay employed as long as she delivered “average quality work.”

  • July 12, 2017

    Calif. Medi-Cal Offers Discriminatory Access, Suit Says

    Health care and civil rights advocacy groups filed a putative class action Wednesday claiming California’s Medi-Cal system discriminates against millions of low-income residents, the majority of whom are Latinos, by using a low reimbursement rate that creates unequal access to medical care.

  • July 12, 2017

    Tough Questions Expected For Trump's NLRB, DOL Picks

    President Donald Trump's picks to fill the National Labor Relations Board's two vacancies and the No. 2 job at the U.S. Department of Labor will almost certainly be approved, but sparks may still fly at Thursday's Senate confirmation hearing, attorneys tell Law360. Here, they discuss the questions they expect the nominees to face.

  • July 12, 2017

    NJ ShopRite Chain Hit With FLSA Suit For Unpaid Overtime

    A ShopRite supermarket chain has been slammed with a proposed collective action in New Jersey federal court by a former store chef alleging that the business misclassified him and other employees as being exempt from overtime pay requirements and stiffed them on the additional compensation.

  • July 12, 2017

    Justice Breyer On Changing His Mind And Sparring With Scalia

    Justice Stephen Breyer discusses the extent to which oral arguments can influence his thinking and recalls his many debates with the late Justice Antonin Scalia, in the second of two articles based on an exclusive interview.

  • July 12, 2017

    Ex-Lehman Workers Grilled Over $300M Deferred Pay Claims

    Hundreds of former Shearson Lehman Brothers Inc. workers seeking up to $300 million in deferred pay from the defunct investment firm's liquidating trustee are looking at an uphill battle after a New York bankruptcy judge said Wednesday she could not get past "clear documentation" that seemingly subordinates their claims.

  • July 12, 2017

    Groups Want DOL, NLRB Confirmation Hearing Postponed

    The U.S. Senate Committee on Health, Education, Labor and Pensions was told on Wednesday by a host of organizations that it should postpone Thursday’s scheduled hearings for two National Labor Relations Board nominees and the nominee for the deputy secretary of labor.

  • July 12, 2017

    Jury Finds Cos. Don't Owe Boy In $23M Farm Pesticide Suit

    A California jury on Wednesday sided with three companies in a toxic tort trial, rejecting a mother’s claims for $23 million in damages due to her son’s alleged in utero exposure to chemicals when she worked on a berry farm, a defendant’s law firm said.

  • July 12, 2017

    Disability Trumps Unemployment Benefits: Del. High Court

    The Delaware Supreme Court ruled Tuesday that employees can't receive unemployment benefits during periods in which they are medically disabled, finding against an out-of-work housekeeper who sought such benefits.

  • July 12, 2017

    Split NLRB Says Pa. Lacrosse Referees Are Employees

    The National Labor Relations Board on Tuesday ruled in a split decision Tuesday that lacrosse referees in western Pennsylvania are employees of the Pennsylvania Interscholastic Athletic Association and can unionize, saying the athletic governing body failed to establish that the officials are independent contractors.

  • July 12, 2017

    Baker McKenzie Adopts Transgender Workplace Policy

    Baker McKenzie said Wednesday it has implemented a new policy adopting a set of guidelines for how gender transition and gender identity will be addressed in the workplace.

  • July 12, 2017

    Auto Shop Urges Texas Justices To Review Trade Secrets Row

    Autocraft Bodywerks Inc. asked the Texas Supreme Court on Monday to reverse a lower appellate court's ruling in its trade secrets dispute with a rival auto repair shop, arguing that the lower court's interpretation of a state free speech law was overly broad and cannot stand.

  • July 12, 2017

    CVS Shift Supervisors Lose Class Cert. Bid In Break Suit

    A Massachusetts federal judge on Wednesday refused to certify a proposed class of CVS Pharmacy Inc. shift supervisors who allege they weren’t paid for meal breaks during which they were required to remain in the store, saying neither of the two proposed classes satisfied a requirement for commonality.

  • July 12, 2017

    Biz Backers Ask House Lawmakers For Joint Employer Clarity

    Business advocates urged House lawmakers at a hearing Wednesday to enact legislation that rescinds the National Labor Relations Board’s controversial expansion of the standard for determining joint employment, while other legal experts said such a move could endanger common worker protections.

  • July 12, 2017

    Wendy's Dodges Shareholder Suit Over Farm Wages

    A New York federal judge on Tuesday tossed a shareholder suit alleging Wendy’s stagnant stock price was due to a loss of goodwill after the fast food chain refused to participate in a fair-wage program for Florida farm workers, finding no evidence the decision was outside the board’s “wide bounds of defensible business judgment.”

  • July 12, 2017

    Chicago Teamsters Leader Indicted For Extortion

    A leader in the Teamsters' Chicago-area chapter was indicted Wednesday on federal charges that he extorted $100,000 from a local business with threats of work stoppages and other union action.

  • July 12, 2017

    Investors Bancorp Slams Director Pay Row At Del. High Court

    Investors Bancorp Inc. on Tuesday asked the Delaware Supreme Court to reject a shareholder suit alleging an excessive directors’ compensation plan was rammed through without full disclosure, saying the shareholders are asking the high court to judge the plan on a purely subjective standard.

  • July 12, 2017

    NJ High Court OKs Nurse's Bias Suit Against Hospital

    The New Jersey Supreme Court ruled Wednesday that a nurse should be allowed to proceed in her wrongful termination suit against a hospital system, upholding a split appellate court decision to revive the case and determining that the nurse had established a case for disability discrimination.

  • July 12, 2017

    Uber Says Drivers Are Ignoring Contract In Pricing Suit

    A proposed class action claiming Uber breached its contract with drivers by instituting an “upfront” pricing model that cuts into their earnings is only plausible if the California federal court ignores what the driver agreement actually says, the ride-hailing company said Friday.

  • July 12, 2017

    Panel OKs Toss Of Whistleblower Suit Against Texas A&M

    A former associate director at a Texas A&M University research center on Wednesday failed to convince a state appellate court to revive his whistleblower lawsuit claiming that colleagues improperly billed the federal government, with the panel agreeing that the case was correctly tossed because law enforcement wasn't notified of the alleged wrongdoing.

Expert Analysis

  • What To Know About New NYC 'Fair Workweek' Laws

    Aaron Warshaw

    Under local legislation set to be become effective in November, retail and fast food establishments in New York City may soon face costly and confusing pay and scheduling requirements. However, several factors could impact ultimate implementation of the laws, say Aaron Warshaw and Nicole Welch of Ogletree Deakins Nash Smoak & Stewart PC.

  • How The FCA Is Weeding Out Medicare And Medicaid Fraud

    Sarah Coyne

    If Medicare and Medicaid managed care is a garden, then false claims are the weeds. Accordingly, the government is ratcheting up its enforcement efforts in the managed care arena (the garden) using the False Claims Act (the weed killer). One particularly illustrative example is the recent settlement agreement reached in Miller v. CareCore National, say Sarah Coyne and Jon Kammerzelt of Quarles & Brady LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Update On Discovery Of Patent Prosecution Communications

    Jeffrey Thomas

    Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.

  • Tough Times For Forum Shoppers

    Lawrence Ebner

    A trio of rulings from the U.S. Supreme Court has made this a difficult spring for forum-shopping lawyers. TC Heartland, BNSF Railway and now Bristol-Myers Squibb have enforced limits on exercise of personal jurisdiction over corporate defendants, sending an unmistakable message to lower courts, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Rebuttal

    Flawed Commentary Can't Stop Trans Rights Momentum

    Raymond Wendell

    In a recent Law360 guest article, Jordan Lorence of Alliance for Defending Freedom argues that the Seventh Circuit misapplied Title IX in its recent decision in Whitaker v. Kenosha Unified School District. But to reach his conclusion, he mischaracterizes the facts and reasoning of the case as well as the law on which it relies, say Raymond Wendell and Ginger Grimes of Goldstein Borgen Dardarian & Ho.

  • Calif. Considers 'Don’t Ask, Must Tell' Pay History Bill

    James Nelson

    If enacted, California's AB 168 will prohibit employers from asking about prior salary history and allow applicants to ask the prospective employer to disclose the pay scale for the position. From a compliance perspective, ceasing to ask about salary history is easy, but the impact on employer decision-making is more complicated, says James Nelson of Greenberg Traurig LLP.

  • The Stakes Are High For Those Caught In No-Poach Probes

    Elizabeth Prewitt

    The U.S. Department of Justice is reportedly examining whether Barclays breached antitrust laws by agreeing not to hire JPMorgan Chase employees. Reports that no formal investigation has yet been launched will only go so far in comforting the banks and individuals involved, given the DOJ’s recently announced intent to pursue certain no-poaching agreements criminally, say attorneys with Hughes Hubbard & Reed LLP.

  • FCA Lessons From A Year Of Escobar

    Thomas Gallagher

    Immediately following the U.S. Supreme Court's Escobar decision, it was unclear how defendants would be able to fend off implied false certification claims based on the Escobar standard. But the past year has shown that the heightened standard has teeth and that courts can, and will, dismiss False Claims Act complaints on materiality grounds, even before discovery, say attorneys with Pepper Hamilton LLP.

  • How Prison Factories Pluck Jobs From The US Economy

    Rick Helfenbein

    U.S. apparel manufacturers face major competition from the U.S. prison system, where inmates produce clothing and footwear for military personnel. While it is illegal to import prison-made apparel, it is legal to make it in the U.S. This not only undermines American industry, but also raises 13th Amendment questions, says Rick Helfenbein of the American Apparel & Footwear Association.