Employment

  • July 18, 2017

    House Republicans Lay Out Tax Reform, Spending Plans

    House Republicans on Tuesday unveiled their financial plan for the government next fiscal year, paving the way for tax reform tied to spending cuts in regulations, employee benefits and welfare benefits.

  • July 17, 2017

    Sergeant's Mortgage Not Shielded From Foreclosure: 4th Circ.

    A Fourth Circuit panel on Monday ruled that Wells Fargo Bank NA did not need court approval to foreclose on and sell the Virginia home of an active-duty U.S. Army sergeant, finding the Servicemembers Civil Relief Act does not protect his mortgage because it originated when he was active in the Navy.

  • July 17, 2017

    NJ College Hit With Whistleblower Suit Over VP's Conduct

    A New Jersey community college has been slapped with a whistleblower suit by its purchasing director, who claims she’s being subjected to a hostile work environment because she accused the school of skirting invoicing and contracting rules. 

  • July 17, 2017

    Jet Carriers Can't Bargain Over Pilot Seniority: 6th Circ.

    Flight Options LLC and Flexjet LLC must accept a pilot seniority list that was created by the Teamsters after the two companies merged or, if not, have the matter heard in a grievance arbitration, the Sixth Circuit ruled Monday, saying the issue is not one that should be subjected to collective bargaining.

  • July 17, 2017

    Mass. Justices Say Medical Marijuana Users Can Sue For Bias

    Massachusetts’ highest court ruled Monday that employees can sue for disability discrimination if they are fired or otherwise punished for using medical marijuana, reviving the case of an advertising employee who was fired after failing a mandatory drug test.

  • July 17, 2017

    Oilfield Co. Wants Texas Justices To Lift Heavy Sanction

    A Nabors Industries Inc. unit has asked the Texas Supreme Court to review a wrongful death case brought by the estate of one of its truck operators, arguing the company was hit with an unduly harsh sanction after mistakenly failing to turn over all the names of its hazardous materials drivers.

  • July 17, 2017

    7th Circ. Nixes Pet Food Co.’s Bid To Arbitrate Retaliation Suit

    The Seventh Circuit affirmed a district court decision Monday denying a bid by a pet food company to compel an employee to arbitrate a sexual harassment and retaliation suit, saying it cannot enforce an arbitration agreement she signed with the staffing agency that placed her with the company.

  • July 17, 2017

    11th Circ. Says Fed. Workers Can’t Sue Over Ponzi Scheme

    The Eleventh Circuit on Monday ruled a group of federal employees who lost $30 million in a Ponzi scheme can’t sue the government for hiring the schemer who gave them advice, finding sovereign immunity applies because the workers’ claims were based on misrepresentations.

  • July 17, 2017

    Gov’t Is Denied Google Worker Histories In Gender Pay Audit

    A U.S. Department of Labor administrative law judge on Friday narrowed a government request for Google Inc. records in an audit examining whether the company complied with anti-discrimination rules for federal contractors, blocking requests for salary history and some employee contact data.

  • July 17, 2017

    What To Do When You Suspect A Worker May Be Mentally Ill

    An otherwise reliable employee's behavior taking a turn for the erratic can disrupt the workplace and pose challenges for managers, particularly if it seems that the change may be tied to mental health problems. Here, experts tell Law360 how employers can calm the situation and keep their businesses running without ending up in legal hot water.

  • July 17, 2017

    School Bus Co. Beats Drivers’ Bid For Wage Class

    A federal magistrate judge in California refused to certify a class of First Student Inc. bus drivers Friday in a lawsuit that alleges the company failed to regularly pay wages or to meet the minimum wage, finding the workers didn't identify policies that applied uniformly to the class.

  • July 17, 2017

    P&G Faces Immigrant Discrimination Class Action

    A prospective Procter & Gamble Co. intern filed a class action in Florida federal court Monday, claiming the company discriminated against his DACA immigration status when he was not selected for its internship program.

  • July 17, 2017

    UFC Blasts Emergency Doc Bid In Fighters’ Antitrust Suit

    The UFC urged a Nevada federal court Friday to reject a bid by mixed martial arts fighters to force the production of purportedly privileged documents in an antitrust suit against the organization, arguing it has already reviewed thousands of documents at the fighters’ request.

  • July 17, 2017

    Draft Beer Equipment Maker Hit With Age Bias Suit

    A proposed class of former employees over the age of 40 are suing draft beer equipment company Micro Matic USA Inc. for alleged age discrimination, saying they were terminated because of their age, according to documents filed in Florida federal court on Friday.

  • July 17, 2017

    Therapist Fired For Unveiling False Claims, Jury Hears

    A physical therapist at a nursing home therapy provider asked a federal jury Monday in Boston to award her damages for allegedly being fired for blowing the whistle on fraudulent billing practices.

  • July 17, 2017

    VA Removes Administrators At Troubled NH Hospital

    The U.S. Department of Veterans Affairs has removed the director and chief of staff at a New Hampshire veterans’ hospital after media reports detailed widespread dysfunction and unsafe conditions at the facility, VA Secretary David J. Shulkin said Monday.

  • July 17, 2017

    Mich. Tribe Wins $8.4M From Blue Cross In Hidden Fee Suit

    A federal judge ruled Friday that Blue Cross Blue Shield of Michigan owes the Saginaw Chippewa Indian Tribe of Michigan roughly $8.4 million for charging hidden fees while managing the tribe’s employee health care benefits plan, but declined to hand the tribe a win on identical claims related to another plan.

  • July 17, 2017

    Dorsey Adds Ex-DLA Piper IP Litigator To Palo Alto Office

    Former DLA Piper intellectual property litigator Jeremy Elman has joined the Palo Alto, California, office of Dorsey & Whitney LLP as a partner, bringing with him 15 years of experience representing some of the world’s top tech companies, brands and startups.

  • July 17, 2017

    Religious Role Sinks Ex-Principal's Bias Suit, 2nd Circ. Says

    The Second Circuit on Friday rejected an appeal by a former elementary school principal in the Archdiocese of New York to revive her wrongful termination suit, saying she performed enough important religious functions that she qualified as a minister and was therefore barred from bringing discrimination claims against her religiously affiliated employer.

  • July 17, 2017

    Rising Star: Barnes & Thornburg's David Pryzbylski

    Barnes & Thornburg LLP partner David Pryzbylski recently helped a New York company escape a potentially seven-figure collective action with hardly a scratch and got an arbitrator to side with his client in a union spat over contract language, securing him a spot as one of five labor and employment attorneys under age 40 honored by Law360 as Rising Stars.

Expert Analysis

  • 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.

  • 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.