Employment

  • April 19, 2017

    Florida House Passes Workers' Comp Reform Bill

    The Florida House of Representatives on Wednesday passed a workers' compensation reform bill that would codify a pair of state high court rulings striking down parts of the current law, in an effort to stem the rate increases caused by the rulings.

  • April 19, 2017

    IDEX Corp. Pays $380K To Worker It Fired Over Cancer

    Chicago-based manufacturing company IDEX Corp. will pay $380,000 to settle allegations in Florida federal court that it fired a regional manager because he has cancer, the U.S. Equal Employment Opportunity Commission said Wednesday.

  • April 19, 2017

    OCC Report Highlights Agency's Wells Fargo Missteps

    The federal banking regulator charged with overseeing Wells Fargo & Co. failed to act quickly to curb fake account generation at the bank despite being aware of the problems as early as 2010 and receiving around 700 whistleblower complaints, an internal review released Wednesday said.

  • April 19, 2017

    Northwestern Says Ex-Basketball Player Can't Prove Contract

    Northwestern University earlier this week told an Illinois federal court that a former basketball player cannot prove it breached a contract to provide him with special benefits beyond a scholarship in a lawsuit against the university and the NCAA over his alleged ouster from the team. 

  • April 19, 2017

    Gilead's Unapproved Drug Plant Flouted FCA, 9th Circ. Told

    Two former Gilead Sciences quality control staffers asked a Ninth Circuit panel Wednesday to revive allegations Gilead illegally sought government reimbursements for drugs made at an unapproved plant in China, saying the requests violated the False Claims Act because the medications’ U.S. Food and Drug Administration approvals were obtained by fraud.

  • April 19, 2017

    Raymours Worker's NJ Claim Over NY Injury Revived

    The New Jersey Appellate Division on Wednesday said a workers' compensation claim against Raymours Furniture Co. Inc. could proceed in New Jersey in connection with an injury that occurred in New York, because the employee lives in the Garden State and he accepted his job while speaking by phone there.

  • April 19, 2017

    NFL Cheerleaders Defend Sufficiency Of Wage Plot Suit

    Lawyers for NFL cheerleaders who filed a proposed class suit in California federal court alleging wage suppression tactics by the league and 26 teams pushed back against a bid to dismiss, arguing Tuesday the complaint adequately alleges sufficient details to meet the pleading standard.

  • April 19, 2017

    Pa. Court Says Move To At-Will Work Doesn't End Covenants

    A Pennsylvania appeals court ruled in a published opinion Tuesday that a conversion to at-will employment after the end of a contract does not wipe away its nonsolicitation provisions, overturning a trial court decision against a Pittsburgh scrap metal broker.

  • April 19, 2017

    Key Energy Strikes $3M Deal To End OT Class Actions

    Texas-based oil company Key Energy reached a $3 million settlement Tuesday with California workers in two consolidated class actions that claim the company violated overtime laws.

  • April 19, 2017

    Ex-JPMorgan Exec Again Presses Judge To ID Secret Client

    A former JPMorgan executive who claims the bank fired her for flagging possible fraud has urged a New York federal judge to rethink rescinding an order that an anonymous bank client will be identified at trial and may be called to testify, saying the judge’s initial logic was sound.

  • April 19, 2017

    Metro Worker's Rehire Bid OK'd After Smoke Disaster Firing

    A D.C. federal court on Wednesday reluctantly signed off on an arbitration award ordering the Washington Metropolitan Area Transit Authority to reinstate a maintenance worker who falsely claimed to have inspected a fan that later malfunctioned following an incident that killed one Metro passenger and injured others.

  • April 19, 2017

    USPS Didn’t Fire Worker For Requesting Representation: NLRB

    A National Labor Relations Board judge on Tuesday cleared the U.S. Postal Service of allegations it fired a mail carrier for asking that a union representative be present during a meeting over her subpar performance.

  • April 19, 2017

    Fox Boots O'Reilly After Litany Of Harassment Claims

    The parent company of Fox News cut ties with star news anchor Bill O’Reilly on Wednesday amid allegations that he sexually harassed multiple female colleagues over a period of years, making him the second high-profile Fox News figure to be shown the door since July, when former CEO Roger Ailes departed in the wake of his own harassment controversy. 

  • April 19, 2017

    Fla. Sheriff Can't Buy Ex-Worker's Suit, Bankruptcy Court Says

    A Florida county sheriff cannot escape a former employee’s defamation and false arrest lawsuit by buying her rights to the litigation in Florida bankruptcy court, it has ruled, despite his more than doubling her offer.

  • April 19, 2017

    Texas Court Won't Revive $900K Trade Secrets Damages

    A Texas appellate court on Tuesday affirmed a trial judge’s decision to wipe out a jury’s $900,000 damages award to a life settlement firm in a trade secrets dispute with one of its former sales representatives, holding the firm didn’t show evidence establishing its damages.

  • April 18, 2017

    Jury Awards First Financial $1.2M In Poaching Row

    A San Jose, California, jury awarded $1.2 million in damages to life insurance and financial services marketing firm First Financial Security Inc. on Tuesday, finding its rival Freedom Equity Group LLC induced a breach of contract by hiring away 1,400 lower-level sales contractors.

  • April 18, 2017

    6 Questions To Test Employers' Expertise On Trans Issues

    The Seventh Circuit's landmark decision that sexual-orientation bias is prohibited under Title VII indicates that courts are increasingly willing to adopt more inclusive positions toward gay workers, and may well keep moving in the same direction with respect to transgender employees. Here, experts tackle six questions involving gender identity and the workplace that could trip up even well-meaning employers.

  • April 18, 2017

    MLB, Minor Leaguers Play Hardball On Wages At 9th Circ.

    Major League Baseball and a group of minor league players got their ups before a Ninth Circuit panel Tuesday over allegations that MLB teams colluded to fix minor leaguers’ wages, with the players arguing that the U.S. Supreme Court’s 1922 antitrust exemption for baseball is “wrong law.”

  • April 18, 2017

    Shepherds’ H-2A Visa Minimum Wage Claims Nixed In Nevada

    A Nevada federal judge has tossed a case in which a putative class of shepherds working on H-2A visas alleged that several ranches undercut them on minimum wage pay, concluding that his court does not have jurisdiction to hear the claims.

  • April 18, 2017

    DC Judge Certifies 3 Classes In Washington Metro Bias Row

    A Washington, D.C., federal judge certified three groups of African-American Washington Metropolitan Area Transit Authority employees and job applicants who claim they were disproportionately impacted by a criminal background check policy.

Expert Analysis

  • A Closer Look At The Current State Of Equal Pay

    Eve H. Wagner

    While progress has been made toward eliminating gender-based wage disparity, Equal Pay Day, observed Tuesday, is a reminder that more work needs to be done, and long before the next 50 years tick past. But hopefully it will be done through education about the law, and not more litigation, says Eve Wagner of Sauer & Wagner LLP.

  • Deciphering The Scope Of Competing Trade Secret Standards

    Peter M. Brody

    The Ninth Circuit is currently deciding whether a defendant can be criminally liable under the pre-Defend Trade Secrets Act definition for misappropriating a trade secret when the allegedly secret information had been previously disclosed to a competitor. While the Third, Seventh and Ninth Circuits have already faced this question in some form, none have yet answered it definitively, say attorneys with Ropes & Gray LLP.

  • USCIS Targets 'Computer-Related' H-1B Positions

    Melissa Winkler

    A recent memo from U.S. Citizenship and Immigration Services that rescinds its 2000 "Guidance memo on H-1B computer-related positions" indicates that USCIS is attempting to eliminate usage of the Level 1 designation and raise wages and skill levels of foreign nationals entering the U.S., says Melissa Winkler of Fakhoury Law Group.

  • Opinion

    Untold Stories: Trump's Budget Would Silence Legal Services

    Kevin Curnin

    President Trump's draft budget proposes total defunding of the Legal Services Corporation. Yet leaders of over 160 of the nation's top law firms and 185 general counsel from leading corporations, who make their living at the intersection of business and law, make the case that destroying the LSC is bad for both, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Defending Restaurant Manager Misclassification Claims

    Adriana S. Kosovych

    Three recent collective and class actions illustrate a trend of restaurant managers claiming they are entitled to overtime pay and, more importantly, highlight key defense strategies that owner/operators may use if faced with an exempt misclassification lawsuit, says Adriana Kosovych of Epstein Becker & Green PC.

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.

  • Harmonizing US And UK Workplace Dress Codes

    Furat Ashraf

    Given recent publicity surrounding workplace dress codes for women in both the U.S. and U.K., it's likely the issue will be subject to greater scrutiny going forward. Companies with an international reach must exercise particular caution when seeking to coordinate workplace dress codes across the business as considerations may differ widely, says Furat Ashraf of Bird & Bird.

  • Jeweler’s Handling Of Employee Complaints Far From Sterling

    Ann Fromholz

    It was recently revealed that hundreds of current and former employees of Sterling Jewelers, the parent company of Jared the Galleria of Jewelry and Kay Jewelers, are waging a class action alleging routine sexual harassment from their bosses. Their all-too-familiar allegations provide a golden example not only of how not to treat employees, but also of how not to handle their complaints, says Ann Fromholz of The Fromholz Firm.

  • Calif. Bill Puts Employers In Middle Of Immigration Debate

    Benjamin M. Ebbink

    It was anticipated that the California Legislature would respond to the Trump administration to address issues impacting immigrant workers. With the recent introduction of Assembly Bill 450 we now have a clear sense of what that response will look like, says Benjamin Ebbink of Fisher Phillips.

  • Series

    Advocate For An Agency: Ex-FERC GC Cynthia Marlette

    Cynthia Marlette.jpg

    Cynthia Marlette, the Federal Energy Regulatory Commission's general counsel from 2001 to 2005 and from 2007 to 2009, reflects on how she addressed the job's many responsibilities, including advising the commission on laws and enforcement actions, developing policy, seeking consensus among commissioners, and overseeing defense of agency actions in court, as well as dealing with historic events like the California energy crisis.