Employment

  • January 19, 2018

    Attorneys Preparing Clients For A Costly Shutdown

    The federal government shutdown has attorneys worried, and they're preparing their clients for potential problems regarding contractors and labor regulations when the federal government shuts its doors Monday.

  • January 19, 2018

    Government To Shut Down After Band-Aid Funding Falls Off

    The federal government is set to shut down early Saturday morning after Senate Democrats blocked a short-term funding measure, following a breakdown in spending negotiations and partisan wrestling over immigration policy.

  • January 19, 2018

    New MLB Collusion Rumors May Reveal Bigger Issues

    With the Major League Baseball free-agent market the quietest it has been in years, rumors that the teams may be colluding with one another to avoid offering big contracts have begun to swirl, but experts say a grievance may be hard to prove as the economics of baseball have changed. 

  • January 19, 2018

    DOL Gets $1.9M Sanction Against Health Care Co. In OT Case

    A Florida federal judge Friday ordered a $1.9 million sanction against a home health care staffing service in a U.S. Department of Labor overtime suit, saying the company has yet again failed to comply with an order to produce copies of nurses’ payroll records.

  • January 19, 2018

    Expert Ups Suggested Fee Cap In NFL Concussion Deal

    A court-appointed expert brought in to address several questions surrounding attorneys’ fees in the uncapped NFL concussion settlement updated his recommendations on Friday, telling a Pennsylvania federal court that additional information from class counsel convinced him to raise the cap from 15 percent to 22 percent.

  • January 19, 2018

    Ex-Mass. Authority Worker Awarded $1.2M For Wrongful Firing

    Massachusetts jurors have awarded $1.2 million in damages to a former state worker they decided was wrongfully terminated for taking medical leave and planning to use it again to remove painful nerve tumors from both of his feet.

  • January 19, 2018

    Leaker Cop Forfeits Benefits With Guilty Plea, NJ Panel Says

    A state appellate court affirmed Friday the forfeiture of a former New Jersey police officer’s disability retirement benefits after he admitted to tipping off drug dealers about an undercover wiretap investigation.

  • January 19, 2018

    Republicans Back Union In Fees Case At High Court

    A group of past and present Republican state and local lawmakers along with two dozen former presidents of the Washington, D.C., bar on Friday threw their support behind a union’s fight urging the U.S. Supreme Court not to block state unions from making workers cover bargaining costs.

  • January 19, 2018

    Dentons Probing Claims Of Atty’s 'Inappropriate Behavior'

    Dentons has put on leave one of the partners it absorbed in its October combination with Scottish firm Maclay Murray & Spens LLP while the firm investigates claims of “inappropriate behavior,” the firm confirmed Friday.

  • January 19, 2018

    Trump's First Year: Labor And Employment Report Card

    Saturday marks one year since President Donald Trump's inauguration, and the past 365 days have been nothing if not eventful, with the administration moving to fill key positions at agencies and weighing in on hot-button cases. Here, four experts grade the Trump administration's performance on labor and employment issues during its first year.

  • January 19, 2018

    HHS' Anti-Abortion Protections Put Hospitals On Notice

    The U.S. Department of Health and Human Services on Friday said it will get more assertive about ensuring that doctors and nurses can refuse to participate in abortions, a move that will encourage hospitals to assess employee attitudes on the subject.

  • January 19, 2018

    NLRB Gets 2-Month Pause In McDonald's Case To Talk Deal

    A National Labor Relations Board judge on Friday granted the board’s general counsel a two-month pause near the end of a sprawling, yearslong trial over whether McDonald’s USA LLC and its franchisees are jointly liable for alleged labor law violations so that the parties can discuss a potential settlement.

  • January 19, 2018

    3rd Circ. Affirms Medco's Win In FCA Kickback Suit

    The Third Circuit ruled in a precedential decision Friday that a whistleblower suit alleging Medco Health Solutions Inc. flouted the False Claims Act by engaging in a kickback scheme could not proceed without establishing a link between the scheme and the Medicare and Medicaid patients whose claims the government reimbursed.

  • January 19, 2018

    Jackson Lewis Adds Leave, Workplace Accommodation Pro

    Jackson Lewis PC has nabbed absence-management solutions provider ReedGroup’s former vice president of compliance in Denver, bolstering its disability, leave and health management group with her extensive experience in employment law and leave of absence compliance.

  • January 19, 2018

    NY Judge Denies Uber’s Proposed $3M Settlement

    A New York federal judge on Friday denied preliminary approval for a proposed $3 million agreement to settle claims that Uber Technologies Inc. improperly accounted for taxes and other charges in calculating a service fee it deducted from fares earned by New York drivers.

  • January 19, 2018

    Software Developer Gets 5 Years For Stealing Source Code

    A software developer arrested in late 2015, who pled guilty to economic espionage and theft of a trade secret in New York federal court, was sentenced Friday to five years in prison for stealing source code from his former employer, with apparent plans to sell it and use it for the Chinese government.

  • January 19, 2018

    Judge Won't Set EEOC Schedule On Wellness Program Rules

    A D.C. federal judge who recently ordered the U.S. Equal Employment Opportunity Commission to start over on its rules for workplace wellness programs has walked back his requirement that the agency issue public notice by August for replacement regulations, but said Thursday the existing rules must still be vacated in 2019.

  • January 19, 2018

    Los Angeles Times Staff Vote 248-44 To Join Union

    Newsroom employees at the Los Angeles Times voted decidedly to unionize, with a final tally of 288-44, the NewsGuild-Communications Workers of America announced Friday, marking the first time in the newspaper's 136-year history that its journalists have voted to form a union.

  • January 19, 2018

    High Court Signals Interest In Hearing 2nd State Tax Case

    In the same week the U.S. Supreme Court shocked the tax bar by agreeing to hear the Wayfair case, the court strongly signaled it would consider taking on another state tax case in which federal law enforcement retirees challenge West Virginia's tax laws.

  • January 19, 2018

    Ex-Banker Hits Wells Fargo With $25M Whistleblower Suit

    A mortgage banker who was temporarily banned by the Consumer Financial Protection Bureau for manipulating mortgage fees has lobbed a $25 million whistleblower suit against Wells Fargo, claiming it used him as a scapegoat to steer the CFPB’s attention away from its predatory mortgage prices.

Expert Analysis

  • The Potential Impact Of Taxing Nondisclosure Agreements

    Allan King

    Recent tax amendments no longer permit corporations to deduct sexual harassment settlements subject to nondisclosure agreements. However, these provisions will likely have a negligible effect on the number of agreements that are subject to disclosure, reduce the value of settlements paid to victims, and the increased taxes that result will be paid largely by victims of harassment, say Allan King and William Hays Weissman of Littler Mendelson PC.

  • Using Section 83(i) To Take Advantage Of New Tax Code

    Marc Fosse

    Last month the Tax Cuts and Jobs Act introduced a new section of the Internal Revenue Code that provides for the deferral of taxation on certain qualified equity grants to employees of eligible corporations. Marc Fosse and Angel Garrett of Trucker Huss APC explain why qualified equity grants can be a helpful tax strategy for employees and an excellent recruiting, retention and incentive program for employers.

  • 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.