Employment

  • April 3, 2017

    7th Circ. Axes Ex-Baker McKenzie Staffer's Retaliation Suit

    A former Baker McKenzie LLP secretary alleging the firm sabotaged her job search efforts after she quit in the 1990s saw her appeal denied again by the Seventh Circuit, which said Monday the dismissal of her similar, 2012 case precluded her from pursuing the current one.

  • April 3, 2017

    FCA Decision Tracker: Continued Interpretations Of Escobar

    Varying interpretations of the many important words and phrases in the U.S. Supreme Court's landscape-shifting Universal Health Services v. Escobar opinion continue to come out of federal courts. In the fourth installment of an ongoing series, Law360 looks at the latest rulings to address the blockbuster False Claims Act decision.

  • April 3, 2017

    Judge Voids $5M Award Against Reinsurers, Citing Bias

    A New York federal judge on Friday vacated a $5 million arbitral award against British reinsurers after learning one of the arbitrators had an undisclosed business relationship with the Florida workers' compensation firm that filed the arbitration claim.

  • April 3, 2017

    Conn. High Court Affirms Win For Anthem In Stock Case

    The Connecticut Supreme Court closed out a 15-year court battle Friday by finding a lower court was right to dismiss a class action arguing that state employees were entitled to proceeds from the nearly $100 million in stock value the state received as part of Anthem Insurance Co.'s 2001 demutualization.

  • April 3, 2017

    Judge Breathes New Life Into Minor Leaguers’ Wage Suit

    Major League Baseball opened the season Sunday still having to face claims from thousands of minor leaguers who say they should be paid minimum wage and overtime, after a California federal judge pulled their case from "death’s door" and granted them class status.

  • April 3, 2017

    Ex-Players: NFL 'Wishes Away' Evidence In Painkiller Suit

    Retired NFL players suing the league and some of its teams for allegedly pressuring them to play through injuries while on painkillers asked a California federal judge not to toss their suit on Monday, arguing that dismissal would be improper at this stage in the litigation.

  • April 3, 2017

    Fox News, Ailes, Exec Face Another Sex Harassment Suit

    Fox News Network LLC host Julie Roginsky filed suit in New York state court Monday claiming the channel withheld full-time hosting jobs after she rebuffed advances by former boss Roger Ailes, joining a parade of female personalities alleging they were sexually harassed by the company’s disgraced ex-chairman.

  • April 3, 2017

    Wells Fargo Told to Rehire Whistleblower, Pay $5.4 Million

    Wells Fargo & Co. will have to rehire and pay about $5.4 million in back pay and legal fees to a bank manager who was canned after reporting suspected fraud on the bank ethics hotline and to his superiors, the U.S. Department of Labor said Monday.

  • April 3, 2017

    1st Circ. Sides With NLRB To Enforce 'Successor Bar' Ruling

    The First Circuit enforced a National Labor Relations Board decision that Lily Transportation Co. was a successor to a prior employer and had illegally refused to bargain with a union representing drivers, finding no issue with the board’s adherence to its latest interpretation of the so-called successor bar doctrine.

  • April 3, 2017

    Biz Groups Tell 5th Circ. Fiduciary Rule Delay Not Enough

    A coalition of business groups suing over the U.S. Department of Labor’s fiduciary rule for retirement account advisers told the Fifth Circuit on Friday that the agency’s “patchwork relief plan” isn’t enough to forestall damage from the rule, and that staying the rule altogether would benefit the DOL as well.

  • April 3, 2017

    Justices Won't Hear Overweight Trucker's ADA Appeal

    The U.S. Supreme Court on Monday said it would not disturb the Eighth Circuit's determination that a trucking company did not violate federal disability laws by suspending an overweight driver for refusing to undergo a medical examination to determine whether he had sleep apnea.

  • April 3, 2017

    Justices Won't Hear BNSF Worker's Injury Appeal

    The U.S. Supreme Court on Monday declined to hear the case of a former BNSF railway foreman who wanted the court to reinstate his workplace-injury trial award after the Seventh Circuit ruled that the company justifiably fired him for stealing scrap railroad ties.

  • April 3, 2017

    DC Circ. Focuses On Deferral Standard In King Soopers

    A D.C. Circuit panel quizzed the National Labor Relations Board and supermarket King Soopers on Monday about whether the board broke with its arbitration deferral standard in a ruling that revised its back pay award calculation to include work search expenses.

  • April 3, 2017

    Amazon Warehouse Workers' Wage Claims Won’t Be Revived

    The Sixth Circuit on Friday refused to revive a Kentucky Wages and Hours Act suit that’s part of multidistrict litigation alleging Amazon's warehouse workers deserve pay for time spent passing through security checks, saying a lower court was right to rule that time spent waiting in line isn’t payable work.

  • April 3, 2017

    Wells Fargo Settles Phone Bankers' Unpaid Bootup Time Suit

    Wells Fargo Bank has agreed to settle a Fair Labor Standards Act suit with more than 2,000 employees for allegedly failing to pay them for time spent logging onto their computers before they could take customer service calls, according to California federal court records filed Friday.

  • April 3, 2017

    3 Get Prison Over Undocumented Immigrant Hiring Scheme

    Three former employees of Waste Management Inc. have been sentenced to prison for their roles in a conspiracy to hire undocumented immigrants by giving them identities stolen from U.S citizens who worked for the company or applied for jobs there, the U.S. Department of Justice announced Friday.

  • April 3, 2017

    Coca-Cola Scores Quick Win In Ex-Worker's Data Breach Suit

    The Coca-Cola Co. nabbed a quick win Friday in an ex-employee’s proposed class action accusing it of exposing him and other staff members to identity theft after a number of laptops were stolen, with a Pennsylvania federal judge finding that the company had no contractual obligation to secure his personal information.

  • April 3, 2017

    Bakery Distributors Can't Unionize With Teamsters

    Distributors of Bimbo Foods Bakeries Distribution LLC products such as Sara Lee desserts and Arnold bread can’t unionize with the Teamsters because their near-full control over their daily operations makes them independent contractors, a National Labor Relations Board regional director ruled on Friday.

  • April 3, 2017

    Senate Panel Advances Gorsuch, Filibuster Showdown Likely

    Tenth Circuit Judge Neil Gorsuch was approved by the Senate Judiciary Committee 11-9 along party lines Monday, teeing up an all-week fight in the Senate over his nomination to the U.S. Supreme Court.

  • April 3, 2017

    Beef Co. Asks 8th Circ. To Nix Immigrant Bias Probe Deal

    Nebraska Beef Ltd. has urged the Eighth Circuit to overturn a ruling that found the U.S. Department of Justice didn’t violate its deal with the meat company when it made certain public comments over the resolution of an immigrant discrimination probe, saying the DOJ’s disclosure “destroyed” the purpose of the deal.

Expert Analysis

  • The International Scope Of SEC’s Whistleblower Program

    Vincent H. Cohen Jr.

    Around the world, corporate insiders are taking note of the significant awards issued by the U.S. Securities and Exchange Commission's whistleblower program and are more willing than ever to report their perceptions of corporate misconduct. This is an unmistakable call to action for multinational companies, say attorneys with Dechert LLP.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Employment-Based Immigration And Trump: What To Expect

    Brian J. Coughlin

    As President-elect Donald Trump continues to assemble his cabinet and develop strategies for his first 100 days in office, U.S. employers with temporary foreign workers contemplate an uncertain future. Despite Trump’s prediction that he will in time be regarded as the country’s “greatest jobs president,” many in the international business community remain apprehensive, say Brian Coughlin and David Iannella of Fragomen Del Rey Bernsen & Loewy LLP.

  • Examining Preponderance-Of-Evidence Standard At 7th Circ.

    Cinthia Granados Motley

    In Ramirez v. T&H Lemont, the Seventh Circuit recently reasoned that when sanctioning a party’s misconduct under inherent authority or Federal Rule of Civil Procedure 37, a preponderance of evidence is sufficient. The decision will no doubt extend beyond the requisite proof for discovery-related sanctions and misconduct and provide guidance on the applicable burden of proof in other contexts, say attorneys at Sedgwick LLP.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.

  • New Guidance On Safe Harbor For Information Return Errors

    Michael Chittenden

    On Jan. 4, 2017, the IRS released Notice 2017-09, providing guidance on the de minimis safe harbor for errors in amounts reported on information returns. The notice sheds significant light on the safe harbor, which was enacted by the PATH Act of 2015. But it raises compliance concerns for small payors and for payees receiving intermittent payments, says Michael Chittenden of Miller & Chevalier.

  • Ambiguity For On-Call Rest Breaks At Calif. High Court

    Barbara L. Harris Chiang

    While the California Supreme Court's recent decision in Augustus v. ABM Security Services prohibited on-call rest periods and workplace policies that promulgate them, the practical implications of the decision remain unclear, say Barbara Harris Chiang and Elina Protich of Kaufman Dolowich & Voluck LLP.