Employment

  • May 23, 2018

    DOJ 'Vindictiveness' May Explain FCA Bid: Podiatry Chain

    The U.S. Department of Justice’s bid to join a False Claims Act suit alleging Medicare fraud against a podiatry chain may be “motivated by vindictiveness," the chain told a Kentucky federal court Wednesday, citing its successful challenge recently to the DOJ's investigative powers.

  • May 23, 2018

    Class Waivers Declared Legal: What's Next For Plaintiffs?

    Although employers scored a landmark win Monday when the U.S. Supreme Court ruled that workers can be barred from pursuing class claims, the decision could prove to be a double-edged sword, since businesses face the prospect of footing the bill for an avalanche of individual arbitration demands workers may file. Here's a look at how plaintiffs will forge ahead now that the ruling is on the books.

  • May 23, 2018

    Ex-Lab, Marketing Execs On Hook For Over $111M In FCA Case

    A South Carolina federal judge on Wednesday ordered a former medical testing lab head and two marketing consultants to pay more than $111 million after a jury found the trio filed thousands of false claims for reimbursement with Medicare and a health care program for military members.

  • May 23, 2018

    Unions Lose Priority Wage Claim Bid In Navillus Ch. 11

    A New York bankruptcy judge on Wednesday denied a group of construction worker unions effort to elevate to priority status $13 million in unpaid wage claims in a Chapter 11 case for contractor Navillus Tile Inc., finding the lack of an “employee-employer” relationship instructive.

  • May 23, 2018

    Ex-BigLaw Atty Who Shot Wife Sentenced To Life In Prison

    A Georgia judge on Wednesday sentenced a former Fisher Phillips LLP partner who fatally shot his wife to life in prison, after an Atlanta jury rejected the attorney’s contention that the shooting was an accident and convicted him of felony murder.

  • May 23, 2018

    BigLaw Too Focused On Legal Fallout In #MeToo: ABA Panel

    Too many BigLaw leaders are focused on sexual harassment in the workplace and the #MeToo movement as a legal risk rather than a solvable cultural problem, legal industry and employment experts said Wednesday.

  • May 23, 2018

    Texas IHOP Hit With Suit Alleging Wage Violations

    A group of at least 180 current and former employees at an International House of Pancakes has hit the entity operating the restaurant's Rockwall, Texas, location with a proposed collective action, alleging they were required to work while off the clock and weren't paid for overtime hours, in violation of the Fair Labor Standards Act.

  • May 23, 2018

    Seyfarth Shaw Adds Employment Pro From Baker McKenzie

    Seyfarth Shaw LLP announced Wednesday that it has added to its Houston office a former Baker McKenzie LLP employment partner with experience fending off major trade secret and class action suits.

  • May 23, 2018

    NFL Issues New Anthem Rules: Stand Up, Stay In Or Pay Up

    The National Football League will require all players on the field to stand for the national anthem and fine any team whose players or staff don’t follow that rule, according to a statement on Wednesday that said on-field protests during the song had made players seem "unpatriotic."

  • May 23, 2018

    NCAA Escapes Suit Over Vacated Wins

    An Arkansas federal court Wednesday rejected Arkansas Tech University’s attempt to restore more than 200 basketball wins vacated by the NCAA, saying the organization did not violate its own rules or the U.S. Constitution when it handed down the penalty.

  • May 23, 2018

    Jamba Juice Operator Wants Coverage For Sex Assault Case

    Jamba Juice operator Whirl Colorado LLC sued insurer Houston Casualty Co. in California federal court on Tuesday over the “offensive” refusal to resolve “very dangerous claims” stemming from a store manager’s sexual assault of one of his workers.

  • May 23, 2018

    Class Waiver Ruling Could Backfire On Businesses: Panel

    Though they’re celebrating the decision as a win, employers may not like the legal response to the U.S. Supreme Court’s recent ruling that businesses can make workers sign away their rights to file class suits as a condition of employment, panelists said Wednesday at an American Arbitration Association conference.

  • May 23, 2018

    Chipotle Worker Fights Contempt Order For OT Suit

    A Chipotle employee asked the Fifth Circuit to toss a Texas federal judge’s contempt order requiring her to withdraw claims citing violation of a U.S. Department of Labor overtime rule in her New Jersey suit, saying the judge cannot meddle in her case because she has no connection to his court.

  • May 23, 2018

    DOL Asks Justices To Nix 9th Circ. Decision On Tip Pool Rule

    The U.S. Department of Labor urged the U.S. Supreme Court to erase an "incorrect" Ninth Circuit decision that upheld a 2011 DOL rule regulating when so-called tip pools can be instituted by employers, but stopped short of backing full-blown high court review, noting that the agency has already moved to roll back the Obama-era regulations at the heart of the dispute. 

  • May 23, 2018

    Employment Atty Returns To McGuireWoods From Dollar Tree

    McGuireWoods LLP has bolstered its employment practice with the addition of the former assistant general counsel for Dollar Tree Inc., who had worked at the firm before leaving to supervise the retailer's legal affairs and guide its litigation strategy within the employment arena. 

  • May 23, 2018

    Powell Trachtman Faces OT Suit Amid Wind-Down

    A file clerk with Powell Trachtman PC has filed a proposed class action against the disbanding firm and several of its attorneys on behalf of its support staff, alleging that the firm does not pay file clerks, assistants and paralegals overtime.

  • May 23, 2018

    Tribal Health Care Group Accused Of Racial Bias

    A tribal health care group is accused of allowing racial discrimination against one of its native Alaskan employees, harassment she says contributed to a stress-related failed pregnancy, according to a lawsuit removed to Alaska federal court on Monday.

  • May 22, 2018

    McDonald's Hit With 10 Sexual Harassment EEOC Claims

    Ten women and girls in Los Angeles, Chicago and seven other cities have claimed they were sexually harassed by co-workers and managers while working at McDonald’s Corp. restaurants, according to filings with the U.S. Equal Employment Opportunity Commission.

  • May 22, 2018

    Va. School Can't Shake Trans Student's Bathroom Bias Suit

    A Virginia school board that created a policy aimed at keeping a transgender student from using restrooms that match his gender identity will have to face his discrimination claims that made it all the way to the U.S. Supreme Court and back, a federal judge ruled Tuesday.

  • May 22, 2018

    3 Reasons The Epic Systems Ruling Won't Sink #MeToo

    Although the U.S. Supreme Court's blockbuster Epic Systems ruling that gave businesses a green light to use employment contracts to bar workers from bringing class actions will have a far-reaching impact on employment law, attorneys say it won't significantly reduce the volume of sexual harassment cases that arise as part of the #MeToo movement.

Expert Analysis

  • Business As Usual For Employers After Epic Systems Opinion

    Veronica Gray

    While the U.S. Supreme Court's decision Monday in Epic Systems v. Lewis is a decisive win for employers, it simply preserves the status quo in wage and hour litigation and reaffirms the ability of employers to avoid costly class actions by requiring employees to sign arbitration agreements containing class action waivers as a condition of employment, say Veronica Gray and Allison Callaghan of Nossaman LLP.

  • ​A Wage-Analysis Primer For Antitrust Attorneys: Part 2

    Stephen Bronars

    Four challenges often arise in modeling wages for pay discrimination cases, and modeling wages across multiple firms in a no-poaching context further complicates matters, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.

  • Employee Choice Doctrine — Alive And Well In NY

    Jerome Coleman

    While the fate of recent bills seeking to prohibit or severely limit employment restrictive covenants is uncertain at best, in New York the employee choice doctrine remains a useful tool in the employer arsenal for restricting post-employment competition if the groundwork is properly created and administered, says Jerome Coleman of Putney Twombly Hall & Hirson LLP.

  • ​A Wage-Analysis Primer For Antitrust Attorneys: Part 1

    Stephen Bronars

    As the U.S. Department of Justice's Antitrust Division attempts to prosecute no-poach and wage-fixing agreements, the wage analyses that are frequently used in employment discrimination cases will become increasingly relevant in the antitrust arena, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.

  • Hidden Challenges In Applying New DOL Break Time Guidance

    Kevin Johnson

    The U.S. Department of Labor recently released an opinion letter that says breaks taken as part of intermittent leave under the Family and Medical Leave Act do not need to be compensated. However, it contains a troublesome caveat that threatens to destroy any clarity the letter might otherwise bring to the analysis, says Kevin Johnson of Johnson Jackson LLC.

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • 5 Questions You Should Ask About Your Global Equity Awards

    William Woolston

    U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.