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Employment

  • June 8, 2018

    Nursing Facility Co. To Pay $30M To End Medicare Claims Suit

    A Kentucky-based owner of skilled nursing facilities will pay more than $30 million to resolve allegations the company made unnecessary or unreasonable Medicare reimbursement claims and submitted forged documents to Tennessee's Medicaid program, the U.S. Department of Justice announced Friday.

  • June 8, 2018

    Ex-Exec's Husband Can Be Sued For Conspiracy, Court Says

    A Pennsylvania appellate court has decided that an investment research company can sue the husband of a former employee for allegedly conspiring with his wife to use the company’s resources to benefit his own business, ruling the claims of a conspiracy implicated the husband and his company in the ex-employee’s actions.

  • June 8, 2018

    Roche, Humana Can't Flee FCA Suit Over Debt Deal

    Roche Diagnostics Corp. and Humana Inc. must face a whistleblower’s False Claims Act suit accusing the drugmaker of getting its diabetes products back on the insurer’s Medicare Advantage formulary by forgiving a massive debt the insurer had racked up, an Illinois federal judge ruled Thursday.

  • June 8, 2018

    NLRB Taking A Look At Recusal Process Amid Ethics Dispute

    The National Labor Relations Board is examining how it decides whether its members should sit out labor disputes because of conflicts of interest amid an ethics controversy over former Littler Mendelson PC attorney and current board member Bill Emanuel's participation in a pivotal December decision on the NLRB's joint employer test, the agency announced Friday.

  • June 7, 2018

    Union Boss Takes Aim At Feds' Double Fraud Theory

    Former New York City labor boss Norman Seabrook on Thursday said prosecutors are trying to charge him twice for the same conduct in his upcoming retrial over allegedly taking bribes from Platinum Partners in exchange for his union’s investment in the hedge fund.

  • June 7, 2018

    Ex-Baylor Football Official Can't Revive Suit Over Ouster

    A Texas appeals court ruled Wednesday that Baylor University deserved summary judgment on a former football official's claims that a university sexual assault report defamed him, saying the suit was barred because a different court had already dismissed similar claims.

  • June 7, 2018

    $7.5M Uber FCRA Deal To Face Drivers' 9th Circ. Appeal

    Dozens of Uber drivers filed a notice of appeal in the Ninth Circuit on Thursday challenging a $7.5 million settlement in California federal court for claims accusing the ride-sharing company of violating the Fair Credit Reporting Act by conducting background checks without drivers' knowledge.

  • June 7, 2018

    Extra Oversight For NLRB Offices Not In Cards, GC Indicates

    National Labor Relations Board General Counsel Peter Robb indicated at a public event Thursday that any potential reorganization of the agency's regional office system won’t include placing those offices under the supervision of a newly created group of political appointees.

  • June 7, 2018

    NJ Senate OKs Bill Barring Sex Harassment Secrecy Pacts

    The New Jersey Senate on Thursday approved legislation that would ban nondisclosure agreements preventing workers from speaking about sexual harassment and related claims, a measure that some critics have said would be harmful to victims and unlawfully preclude arbitration agreements.

  • June 7, 2018

    Nestle, Cargill 'In Bed' With Slave Owners, 9th Circ. Hears

    An attorney representing six victims of human trafficking urged the Ninth Circuit on Thursday to revive their suit accusing Nestle and Cargill of aiding child slavery in Ivory Coast cocoa farms by funding slave owners, arguing that the companies' U.S. corporate teams are "in bed with slaveholders" and are liable for violating international law.

  • June 7, 2018

    Media Cos. Must Face Newspaper Deliverers' Expenses Claim

    A California appellate court on Wednesday reversed a win handed to various related media organizations and newspapers over reimbursements for business expenses incurred by a class of newspaper delivery persons, saying there were triable issues of fact in the case.

  • June 7, 2018

    'Gig Economy' Has Shrunk, DOL Data Show

    Even as apps such as Uber, Lyft and Handy surge in prominence, a smaller portion of American workers are performing so-called “gig” work as their primary income source than did in 2005, according to data from the U.S. Department of Labor released Thursday.

  • June 7, 2018

    Rockport Incentive Pay Plan Fails Ch. 11 Tests, Trustee Says

    The U.S. Trustee’s Office asked a Delaware bankruptcy court Thursday to reject a request by bankrupt shoemaker The Rockport Company LLC to pay up to $3.3 million in employee bonuses, saying it provided too little information to evaluate the plan.

  • June 7, 2018

    Schlumberger Beats Whistleblower's Wrongful Firing Suit

    A Texas appellate court on Thursday upheld the dismissal of a wrongful termination claim from a former Schlumberger Technology Corp. worker who alleged he was fired after warning a vessel could not be operated safely with certain offshore seismic surveying equipment.

  • June 7, 2018

    Judge Quizzes Wigdor On Bid To Quit Repping Ex-Fox Pundit

    Manhattan U.S. District Judge William H. Pauley III questioned Wigdor LLP Thursday in search of an explanation for why the firm asked to quit representing former Fox News commentator Scottie Nell Hughes one day before it announced a $10 million deal ending another of its cases targeting the right-wing network.

  • June 7, 2018

    Trump Admin. Backs GOP's Latest Anti-ACA Suit

    The Trump administration on Thursday largely endorsed the GOP’s latest legal assault on the Affordable Care Act, telling a Texas federal court that it agrees that the landmark law's individual mandate is now unconstitutional and that key parts of the ACA must be invalidated as a result.

  • June 7, 2018

    Cenveo's Revised Ch. 11 Plan Disclosures OK'd By Judge

    A New York bankruptcy judge on Thursday approved envelope maker Cenveo’s recently revised Chapter 11 plan disclosures, dismissing objections to the plan’s release provisions.

  • June 7, 2018

    Chicago Law Firm Didn't Honor Parting Pay, Lawyer Says

    An Illinois lawyer on Thursday hit Chicago law firm Williams Montgomery & John Ltd. and one of its executives with a lawsuit in federal court, claiming they have failed to pay $150,000 in benefits along with other money he says he is owed but hasn't received since leaving the firm.

  • June 7, 2018

    Uber Driver's Wage Class Action Stayed Pending Similar Suits

    An Uber driver’s class action alleging the ride-sharing company stiffs drivers on wages with a deceptive pricing model is substantially similar to several other suits filed before it and must therefore be put on hold, a California federal judge ruled on Wednesday.

  • June 7, 2018

    Walmart Sues To Stop Chief Tax Officer's Move To Amazon

    Walmart Inc. filed suit late Wednesday in Delaware to prevent its chief tax officer from jumping ship and taking a similar position with Amazon.com Inc., arguing the move would breach a noncompete provision of her employment contract.

Expert Analysis

  • 6th Circ. Church Volunteer Decision Offers FLSA Insights

    Gregory Mersol

    The Sixth Circuit's recent decision in Acosta v. Cathedral Buffet highlights that the key to whether a volunteer at a nonprofit is an employee under the Fair Labor Standards Act is whether they have an expectation of compensation, not why they volunteered in the first place, says Gregory Mersol of BakerHostetler.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Compliance Lessons From An Arms Export Enforcement Case

    Thomas McVey

    Last month, the U.S. Department of State's Directorate of Defense Trade Controls announced a major enforcement case and settlement for violations of arms export regulations involving FLIR Systems Inc. The case is a reminder to U.S. companies that what may seem like “routine” violations can quickly turn into a $30 million problem, says Thomas McVey of Williams Mullen.

  • Defenses For Using Contractors In A Post-Dynamex World

    Samantha Rollins

    While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.

  • Ending Forced Arbitration In Workplace Discrimination Cases

    Joseph Abboud

    While recent actions to eliminate forced arbitration for employee sexual harassment and sex discrimination claims are welcomed developments in the wake of the #MeToo movement, the concerns motivating the movement provide a similar opportunity to consider the ramifications of changes that benefit one group and how they might be expanded to benefit all workers, says Joseph Abboud of Katz Marshall & Banks LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Employee Promotion Lessons From Hussain V. FedEx

    Jill Vorobiev

    While Federal Express succeeded at summary judgment and juries twice found in its favor in Hussain v. FedEx, the path to its recent victory was a long and likely costly one. Employers seeking to mitigate the risk of similar promotion-related discrimination claims should bear in mind the factors that led the Seventh Circuit to reverse the district court's summary judgment, say Jill Vorobiev and Adam Weiner of Reed Smith LLP.

  • Gender Pay Data: Impact Of European Laws In The US

    Lynne Bernabei

    Although American and European equal pay laws often develop on parallel tracks, the U.S has not kept pace with the EU in terms of pay transparency. However, new European laws may have the unintended consequence of pushing multinationals with U.S. employees to publish pay data to keep up with their European counterparts, say Lynne Bernabei and Kristen Sinisi of Bernabei & Kabat PLLC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Tackling Depositions In Wage And Hour Misclassification Suits

    Excerpt from Lexis Practice Advisor
    Kamran Mirrafati

    A plaintiff’s deposition is often the most crucial deposition in wage and hour exemption misclassification cases. Kamran Mirrafati and Archana Manwani of Foley & Lardner LLP discuss how to prepare for and take this type of deposition, as well as how to defend the deposition of a Federal Rule of Civil Procedure 30(b)(6) witness in such cases.