Employment

  • January 9, 2017

    Calif. Biz Group Backs Docs In Workers' Comp, Med Mal Row

    The California Chamber of Commerce recently filed a friend-of-the-court brief in a California Supreme Court case that will decide whether doctors appointed by workers' compensation review boards who make certain medical decisions can be sued for medical malpractice.

  • January 9, 2017

    NLRA Preempts Ill. Town's Right-To-Work Law, Judge Say

    An Illinois town can't enforce a union-weakening "right-to-work" ordinance because it's preempted by federal labor law, an Illinois federal judge ruled on Saturday.

  • January 9, 2017

    OSHA Injury Reporting Rule, Database Ripped By Chamber

    The U.S. Chamber of Commerce and other industry groups are looking to prevent the Occupational Safety and Health Administration from implementing its injury and illness recordkeeping reporting rule, saying the proposed online database violates businesses' First Amendment rights and oversteps OSHA’s authority.

  • January 9, 2017

    Justices Want SG's Take On ERISA Fiduciary Breaches

    The U.S. Supreme Court asked the solicitor general Monday to weigh in on a businessman’s push to duck covering the payment obligations of his partners in an alleged sham deal, a signal the high court may review whether a fiduciary to an Employee Retirement Income Security Act plan can be made to indemnify his co-fiduciaries.

  • January 9, 2017

    Delta Ditches Flight Attendants' Calif. Wage Class Action

    A California federal judge on Monday ended a suit brought by a putative nationwide class of flight attendants who say Delta should provide them with state-mandated wage statements, finding the California Supreme Court’s 2011 Sullivan decision couldn’t be used to trigger California labor laws for the minimal time spent on the ground in the state.

  • January 9, 2017

    The Firms That Dominated In 2016

    Law360's Firms of the Year rose above the competition in 2016 by earning a combined 20 Practice Group of the Year awards on the strength of work that helped their clients attain game-changing judgments and close record deals.

  • January 9, 2017

    Justices Probe Tribal Immunity In Mohegan Limo Crash Suit

    Several justices of the U.S. Supreme Court showed concern on Monday about how much protection against litigation can be claimed by tribes and their employees, as the justices weigh whether the driver of a Mohegan Tribe-owned limousine must face a tort suit over an off-reservation car accident.

  • January 9, 2017

    11th Circ. Won't Revive Privacy Suits Over Fla. Driver Info

    The Eleventh Circuit on Monday affirmed the dismissal of a Florida couple's cases against local governments and their workers over allegedly improper access of their personal information through state driver and motor vehicle records, ruling that their claims are time-barred.

  • January 9, 2017

    Bankrupt Trucking Co. QTS Gets OK For $5M Wage Deal

    A California judge on Monday said he would grant preliminary approval to bankrupt trucking company QTS Inc.'s $5 million settlement to end claims that it shorted its drivers on their wages, saying the deal was fair and had been approved by a bankruptcy judge.

  • January 9, 2017

    High Court Won't Consider FCA Amendment In Kmart Case

    The U.S. Supreme Court declined on Monday to hear a case involving a recent amendment to the False Claims Act that Kmart argues shouldn’t be retroactively applied to encompass payments made for Medicare prescriptions that the company stands accused of overbilling the government for.

  • January 9, 2017

    Hawaiian Airlines' Unpaid Training Program Not Work: Judge

    Hawaiian Airlines Inc. dodged most of a putative class and collective action claiming it violated the law by not paying people for time spent in a customer service training program, after a California federal judge ruled Monday that trainees are not employees engaged in work.

  • January 9, 2017

    5th Circ. Asked To End Block Of Transgender Bathroom Rule

    The U.S. government on Friday asked the Fifth Circuit to overturn an injunction blocking an Obama administration rule incorporating gender identity discrimination as part of sex discrimination under Title IX, calling the injunction overbroad and unnecessary.

  • January 9, 2017

    Texas Roadhouse’s Recipe Was Age Bias, EEOC Tells Jury

    Texas Roadhouse engaged in blatant age discrimination when it rejected job seekers with sticky notes on their applications that said things like “older,” “super old,” “old and chubby” and “old chick,” a government agency suing the restaurant chain told a federal jury in Boston Monday.

  • January 9, 2017

    NJ Transit Sued Again After $3.65M Racial Bias Settlement

    A New Jersey Transit employee has slapped the agency with a lawsuit in New Jersey state court alleging that she has suffered retaliation since she and other plaintiffs reached a $3.65 million settlement with the agency last year over racial discrimination claims.

  • January 9, 2017

    Future Of Wellness Program Regs Murky After Block Denied

    New Equal Employment Opportunity Commission rules setting parameters for employer-sponsored wellness programs took effect Jan. 1, days after surviving a preliminary injunction request rooted in worries they threaten worker privacy. The rules’ long-term future, however, remains in doubt, as the judge left the door open for a permanent injunction down the road based on the rules' “complex interaction” with various federal laws.

  • January 9, 2017

    NY Aims To Ban Wells Fargo-Styled Scammers From Banking

    New York Gov. Andrew Cuomo pitched banning from the banking and insurance industries “bad actors” who commit frauds like Wells Fargo & Co.’s opening of thousands of unauthorized accounts to boost its sales numbers, according to a proposal Sunday from the governor’s State of the State address.

  • January 9, 2017

    7th Circ. Grants Mother Fees In FMLA Accommodation Suit

    The Seventh Circuit on Monday upheld most of a jury verdict in favor of a woman who said she was forced out of her job at a Wisconsin recycling plant to care for her autistic son in violation of the Family Medical Leave Act, and granted her a full award of attorneys’ fees because it said all of her claims were persuasive.

  • January 9, 2017

    Justices Won't Review Universities', Lenders' FCA Immunity

    The U.S. Supreme Court Monday denied certiorari in three cases over whether state student loan agencies and universities are protected by government immunity from False Claims Act suits, dashing chances for a unified test over government affiliation advocated by one loan agency.

  • January 9, 2017

    Supreme Court Derails Railway's Union Dispute Appeal

    The U.S. Supreme Court will not review a Sixth Circuit ruling that upheld the dismissal of Wheeling & Lake Erie Railway's lawsuit against a union it accused of violating the Railway Labor Act with a strike over a “minor dispute.”

  • January 9, 2017

    High Court Snubs Michigan Health Plan Tax Dispute

    The U.S. Supreme Court declined Monday to take up Self-Insurance Institute of America Inc.'s challenge to a Michigan tax on health insurance plans, despite having told a lower appeals court in March to reconsider its upholding of the tax.

Expert Analysis

  • The 7th Circ. Stance In Uhlig V. Fluor

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    While the Seventh Circuit’s substantive False Claims Act ruling in Uhlig v. Fluor Corp. did not break new ground, its ruling on the relator’s retaliation claim confirms that it will continue to join several other courts of appeal in applying both objective and subjective components to inquiries into whether an employee’s actions are protected by the FCA’s anti-retaliation provision, say attorneys with Ropes & Gray LLP.

  • How Bad Data Analyses Can Sabotage Discrimination Cases

    Mike Nguyen

    Used properly, statistics can be highly effective in supporting legal arguments, but misinterpreted statistics can quickly sink cases. It is especially critical to understand the benefits and limitations of using data in discrimination cases, says Mike Nguyen of Analysis Group Inc.

  • Overturning NLRB Unit Determination Standards At 2nd Circ.

    Shay Dvoretzky

    In Constellation Brands v. NLRB, the Second Circuit recently handed an employer a rare victory in a challenge to a National Labor Relations Board unit determination confirming a petitioned-for bargaining unit. This decision, along with another recent ruling from the Fifth circuit, is important because it sets forth a road map for NLRB regional directors analyzing the appropriateness of bargaining units, say attorneys at Jones Day.

  • Public Records Access V. Privacy: California's Struggle

    Louie Castoria

    As Associate Justice Goodwin Liu commented during oral arguments last week, “Every jurisdiction in California will be parsing what we say to tell their employees what to do.” City of San Jose v. Superior Court poses a narrow question: whether a blanket exemption exists under the Public Records Act for communications conducted on private devices, say Louie Castoria and Aaron Cargain of Kaufman Dolowich & Voluck LLP.

  • Key Trade Secret Developments Of 2016: Part 1

    Randy Kahnke

    This year brought significant developments in trade secret law, the most important of which was the passage of the long-awaited federal Defend Trade Secrets Act. In the few months since the act took effect, litigants have already asserted DTSA claims in more than 75 federal cases, say attorneys with Faegre Baker Daniels LLP.

  • How Mental Health Testimony Revictimizes Plaintiffs

    Chloe J. Roberts

    Attorneys litigating high-stakes sexual harassment and discrimination claims are increasingly turning to behavioral science and expert mental health consultants for help. However, when courts allow such expert testimony to go beyond the traditional context of proving the reasonable amount of emotional distress a plaintiff has faced, they essentially condone the revictimization of plaintiffs, says Chloe Roberts of Roberts & Associates Law Firm.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • Spokeo Poses High Hurdle For Background Check Plaintiffs

    Michael P. Daly

    In recent years a species of “no injury” class actions has arisen under the Fair Credit Reporting Act, which requires employers to disclose collection of consumer reports for employment purposes. Although Spokeo did not involve this statute’s specific requirements concerning such disclosures, a number of courts have cited it in dismissing related claims, say attorneys with Drinker Biddle & Reath LLP.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel

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    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.