Employment

  • January 12, 2018

    Up Next At High Court: Betraying A Client, Appellate Rules

    A lawyer’s courtroom betrayal of his client in a Louisiana murder trial is likely the juiciest item on the Supreme Court’s oral argument calendar this week, but other cases involving the right of appeal in consolidated cases and a controversial question under the Fair Labor Standards Act could have major implications for the appellate and employment bars. Here's what to expect.

  • January 12, 2018

    Sikorsky Wants Feds' 'Excessive' FCA Claims Nixed

    Sikorsky urged a Wisconsin federal judge on Friday to trim claims from a consolidated False Claims Act suit accusing the company of overcharging the U.S. Navy for thousands of replacement aircraft parts, arguing the government has made “excessive and overbroad” allegations.

  • January 12, 2018

    Employment Roundup: 3 Things You May Have Missed

    In the first two weeks of 2018, a heterosexual woman lost her suit alleging her LGBT boss illegally fired her over an anti-trans post on Facebook, and a gay advertising executive settled a high-profile discrimination case that set the stage for the Second Circuit to rethink its interpretation of whether Title VII covers sexual orientation bias. Here, Law360 looks at three recent developments employment attorneys might have missed.

  • January 12, 2018

    Public Workers, Ill. AG Back Union Fees At High Court

    The American Federation of State, County and Municipal Employees and Illinois Attorney General Lisa Madigan urged the U.S. Supreme Court not to block state unions from making workers cover bargaining costs, arguing in briefs filed Friday in a pivotal case for public sector labor that so-called agency fees are constitutional.

  • January 12, 2018

    Trump Taps Morgan Lewis Vet To Round Out NLRB

    President Donald Trump on Friday selected Morgan Lewis & Bockius LLP partner John Ring to fill the lone vacancy on the five-member National Labor Relations Board, moving to restore a Republican majority that was lost following the departure of board chair Phil Miscimarra in December.

  • January 12, 2018

    Winston & Strawn Adds Ex-McDermott Tax Pro

    Months after nabbing a dozen employee benefits and expert compensation pros from McDermott Will & Emery LLP, Winston & Strawn LLP has added a tax specialist to its growing EBEC practice and reunited her with her former team.

  • January 12, 2018

    9th Circ. Affirms Toss Of Suit Over HP's $11B Autonomy Buy

    The Ninth Circuit on Friday affirmed the dismissal of a putative class action accusing the retirement plan review committee of Hewlett-Packard Co. and others of failing to disclose problems relating to HP's disastrous $11 billion purchase of Autonomy Corp., finding that the concealed data presented by the class was inconsistent with the whistleblower information that ultimately altered the purchase price.

  • January 12, 2018

    DC Circ. Partly Revives Truckers' DOT Safety Records Suit

    The D.C. Circuit on Friday rejected most of a suit from independent commercial truck drivers alleging the U.S. Department of Transportation mishandled safety citation records that can hurt truckers' job prospects and business reputations, saying there wasn’t enough proof of actual harm, but revived two drivers’ claims.

  • January 12, 2018

    CVS Blasts Class Bid by Employee Seeking Training Wages

    CVS Pharmacy Inc. urged a Pennsylvania federal judge on Thursday to deny a motion aimed at certifying a class of current and former employees who allege the company failed to pay them for time spent completing online training.

  • January 12, 2018

    Texas Atty Drops Suit Against Ex-Firm Over Fee Agreement

    A Houston-area lawyer has dropped the suit against his former law firm Walne Law PLLC, in which he alleged the firm violated a fee agreement and denied his right to a share of fees from an underlying contract dispute that could yield millions of dollars in damages. 

  • January 12, 2018

    Hinshaw & Culbertson Pulls In 6 Ex-Sedgwick Attys In Calif.

    Hinshaw & Culbertson LLP has announced it is bolstering its West Coast practice with the addition of six attorneys from recently shuttered Sedgwick LLP to its Los Angeles and San Francisco offices.

  • January 12, 2018

    Justices Will Review Rail Stock-Options Tax Case

    The U.S. Supreme Court on Friday said it will review a Seventh Circuit decision that found income from $13.3 million in stock options given to employees of a Canadian railroad company was taxable compensation.

  • January 12, 2018

    New Group To Probe Workplace Harassment In Federal Courts

    The Administrative Office of the U.S. Courts has launched a working group to examine the policies in place to protect employees of the federal judiciary from workplace harassment, the office announced on Friday.

  • January 12, 2018

    Holland & Knight Hires 5 From Jones Day In Mexico City

    Holland & Knight LLP has hired five Jones Day veterans for its Mexico City office in a move that bolsters its roster of attorneys experienced in a wide variety of commercial sectors, the firm announced recently.

  • January 12, 2018

    Logistics Co. To Pay $2.9M To End Workers' Wage Suit

    Supply chain company Geodis LLC and Ozburn-Hessey Logistics LLC will pay $2.9 million to settle claims from about 8,800 workers that it failed to properly pay them or provide them with required breaks, under a proposed settlement recently filed in California federal court.

  • January 12, 2018

    Seafood Co., Staffing Firm Can't Dodge EEOC Sex Bias Suit

    A Massachusetts-based seafood processor and its staffing firm lost their bid to shake a U.S. Equal Employment Opportunity Commission action alleging that Spanish-speaking female workers endured harassment and discrimination and were fired after complaining, with a federal judge holding Thursday that the agency met its obligations before filing suit.

  • January 11, 2018

    Orion Didn’t Fire CEO For Whistleblowing, 7th Circ. Says

    The Seventh Circuit on Thursday upheld a lower court’s decision to toss a suit accusing Orion Energy Systems Inc. of firing its former CEO in retaliation for whistleblowing, ruling that the subjects of the former CEO’s disputes with the company did not involve revelations of securities fraud.

  • January 11, 2018

    DOJ Ups Estimate Of FCA Whistleblower Recoveries

    False Claims Act whistleblowers who litigated cases without intervention by the U.S. Department of Justice recovered more money last year than originally reported, according to new DOJ statistics released Thursday.

  • January 11, 2018

    7th Circ. Eyes Hurdles In Reviving NHL Opioid Death Suit

    The Seventh Circuit on Thursday seemed wary of restoring a wrongful death suit against the National Hockey League over former player Derek Boogaard’s opioid overdose death, saying his family may still have trouble bringing a suit even if they have to do so with a trustee pursuant to Minnesota law.

  • January 11, 2018

    JPMorgan Workers Strike $8.3M Deal With Bank On OT Claims

    JPMorgan Chase & Co. will shell out $8.3 million to end a proposed class action brought by assistant bank managers who alleged they were misclassified as overtime-exempt employees, according to a deal proposed in California federal court Thursday.

Expert Analysis

  • Understanding The Tax Bill's Impact On Businesses

    Steven Klein

    The Tax Cuts and Jobs Act, which is set for final passage in the U.S. House on Wednesday, has many provisions related to taxation of businesses that will profoundly affect how taxpayers carry out their business and nonbusiness activity, says Steven Klein of Sher Garner Cahill Richter Klein & Hilbert LLC.

  • Roundup

    My Strangest Day In Court

    Logo

    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • A Closer Look At 2 Pro-Business Reversals At The NLRB

    Steven Gutierrez

    In a return to more employer-friendly standards, last week the National Labor Relations Board issued two significant decisions that will help ease employers' risk of engaging in unfair labor practices under the National Labor Relations Act, says Steven Gutierrez of Holland & Hart LLP.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • ERISA Litigation Trends In 2017

    Julie Goldsmith Reiser

    Developments this year in litigation under the Employee Retirement Income Security Act raise new issues for 2018 — such as whether state retirement plans will be hindered by ERISA preemption litigation and whether courts will develop a consistent approach to standing in defined benefit plan cases, say Julie Goldsmith Reiser and Jamie Bowers of Cohen Milstein Sellers & Toll PLLC.

  • What To Know About NY's Proposed 'Call-In Pay' Regs

    Kristin Klein Wheaton

    Recently proposed regulations by the New York State Department of Labor will result in challenges for employers who regularly fall into situations where employee schedules are not determined well in advance or change at the last minute, say Kristin Klein Wheaton and Christopher Maugans of Goldberg Segalla.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Employers' Insurance Issues For Sexual Harassment Claims

    Micah Skidmore

    With daily revelations of sexual assault committed by public figures, employers are renewing their focus on employment practices liability insurance. However, the extreme social sensibility associated with sexual assault claims may complicate recovery, and employers should consider three key issues when seeking recovery under EPLI forms, says Micah Skidmore of Haynes & Boone LLP.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • DOL Fiduciary Rule — Still Very Much Alive

    Robert Gower

    While certain requirements of the U.S. Department of Labor's Fiduciary Rule were recently delayed, the rule's expanded definition of a fiduciary and the standards to which such fiduciaries are to be held are currently in effect, says Robert Gower of Trucker Huss APC.