Employment

  • June 22, 2017

    Cogent Communications Gets OK For $3M Class OT Deal

    A California federal judge on Thursday granted preliminary approval to Cogent Communications’ $3 million deal to end class action claims that the internet provider shorted the overtime payments of over 300 workers and purposely kept them in the dark about the state’s labor laws.

  • June 22, 2017

    Pfizer Wins Interlocutory Review In Vfend Whistleblower Suit

    A Pennsylvania federal judge agreed Thursday to allow the Third Circuit to weigh in on whether he should have granted a motion from Pfizer Inc. to throw out a whistleblower suit accusing the company of pushing illegal off-label use of its antifungal medication Vfend.

  • June 22, 2017

    DOL Flags Optima Ch. 11 For ERISA Liability Releases

    Optima Specialty Steel Inc.’s Chapter 11 plan drew an objection Thursday from the U.S. Department of Labor, based on agency findings that some terms of the plan violate or could violate the Employee Retirement Income Security Act.

  • June 22, 2017

    7th Circ. Upholds Cert. Of Foundry Worker OT Class

    The Seventh Circuit on Thursday upheld the certification of two classes of Wisconsin iron foundry workers who say a Hitachi-owned foundry operator violated state law and the Fair Labor Standards Act by not paying for the time workers spend decontaminating themselves after their day is done.

  • June 22, 2017

    4 Things Employers Must Know About NY's Family Leave Law

    As employers in New York prepare to start collecting payroll deductions funding the state’s new paid family leave law, experts warn the statute contains certain key differences from the federal Family and Medical Leave Act that could create confusion and cause compliance headaches. Here, Law360 examines four administrative challenges that may trip up employers.

  • June 22, 2017

    Burger King Wrongly Ditched Wage Activist, 8th Circ. Says

    A Burger King franchisee in Kansas City, Missouri, illegally refused to rehire an employee because he was a prominent member of Fight for $15, which advocates for increasing the minimum wages of fast-food workers, the Eighth Circuit ruled on Wednesday.

  • June 22, 2017

    Puerto Rico Court Shouldn't Hear Tax Row, Stakeholders Say

    The board overseeing Puerto Rico’s financial restructuring Wednesday united with bondholders and retirees to oppose moving a key dispute over sales tax revenue from federal court to the territory’s Supreme Court.

  • June 22, 2017

    Duty To Defend Doesn't Cover Counterclaims: Mass. Court

    The Massachusetts Supreme Judicial Court ruled Thursday that insurers don’t have to pay to prosecute their clients’ counterclaims under the duty to defend, even when the counterclaims are integral to a client’s case.

  • June 22, 2017

    Senate GOP Unveils ACA Repeal Bill

    Senate Republicans on Thursday unveiled draft legislation to scrap much of the Affordable Care Act, setting the stage for another make-or-break vote on the GOP repeal effort.

  • June 21, 2017

    LA Times Ex-Publisher, Editor Dodge Fired Cartoonist’s Suit

    A California judge on Wednesday dismissed a former Los Angeles Times publisher and three staffers from a fired cartoonist’s defamation suit, siding with the newspaper’s assertion that published pieces alleging inconsistencies in how the artist described a police encounter aren’t actionable under the First Amendment and state law.

  • June 21, 2017

    Details Emerge On Senate's ACA Repeal Bill

    A Republican bill in the U.S. Senate to repeal much of the Affordable Care Act would temporarily extend disputed cost-sharing reductions, sharply cut Medicaid and dial back premium assistance for private insurance, according to an outline of the legislation.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Whistleblowers, MDL Plaintiffs Object To $32M SunEd Deal

    Two former SunEdison Inc. officers with pending whistleblower suits against the bankrupt solar energy giant and the lead plaintiffs in a Securities Act multidistrict litigation have asked the New York bankruptcy court overseeing the case for assurances that their suits won’t be affected by a recent $32 million settlement with unsecured creditors.

  • June 21, 2017

    Ex-Swisher Execs Convicted Of Securities Fraud Conspiracy

    Two former executives at dissolving cleaning company Swisher Hygiene Inc. were found guilty of conspiracy to commit securities fraud by a North Carolina federal judge Tuesday after a nearly three-week bench trial held earlier this year.

  • June 21, 2017

    Ex-Baseball Analyst Wins $1.5M Verdict Against MLB Network

    A onetime MLB Network Inc. broadcaster won a roughly $1.5 million verdict against the channel in New Jersey state court Tuesday over allegations he was wrongfully terminated in the wake of false media reports that he unleashed a profanity-laced tirade while coaching his son’s Little League team, his attorneys said.

  • June 21, 2017

    O'Hare Airport Workers Lose Class Cert. Bid In OT Suit

    Hourly workers at Chicago's O'Hare International Airport cannot be certified as a class, an Illinois federal judge ruled Wednesday, writing that the group of workers was too disparate to be considered one cohesive class.

  • June 21, 2017

    Tyson Doesn't Change UniTek Wage Rulings, 6th Circ. Says

    The Sixth Circuit ordered the District of Tennessee to revisit a $3.8 million damages calculation in an overtime collective action by UniTek cable installers on Wednesday but otherwise kept intact the workers’ class certification and post-trial wins in light of the U.S. Supreme Court’s Tyson ruling.

  • June 21, 2017

    Real Estate Rumors: Landesbank, YouTube, Rockrose

    Landesbank Baden-Württemberg has reportedly loaned $250 million for a Park Avenue property; YouTube is said to be eyeing 400,000 square feet of additional development at its Bay Area campus; and Rockrose Development is said to have recently leased out more than 27,000 square feet of space on Park Avenue.

  • June 21, 2017

    7th Circ. Says AutoZone Worker's Transfer Not Discrimination

    The Seventh Circuit upheld a lower court that threw out a U.S. Equal Employment Opportunity Commission case against AutoZone Inc., saying Tuesday that transferring a black employee out of a store serving a mostly Hispanic community did not rise to the level of unlawful discrimination.

  • June 21, 2017

    Philly Pub, Produce Stand To Pay $700K For OT Violations

    The U.S. Department of Labor announced Tuesday that it has entered into an agreement with a Philadelphia produce market and restaurant in Reading Terminal Market to settle allegations that the owners failed to pay the employees overtime.

Expert Analysis

  • New Policies Pose Threat To Immigrant Workplace Rights

    Mehreen Rasheed

    While most workplace protections such as minimum wage and anti-discrimination laws apply to all employees regardless of immigration status, these assurances ring hollow to many immigrant workers given the Trump administration’s aggressive rollout of its new immigration enforcement priorities, say Mehreen Rasheed and Debra Katz of Katz Marshall & Banks LLP.

  • ADA Insights From 2nd Circ. 'Needle-Phobia' Decision

    Roland M. Juarez

    Companies still grapple with the bounds of their obligations and how to evaluate possible accommodations under the Americans with Disabilities Act. But a recent Second Circuit opinion provides helpful reminders regarding various aspects of compliance, say Roland Juarez and Lindsay Velarde of Hunton & Williams LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Fla. Case Highlights FCA Risk For Nursing Homes

    Maurice Bellan

    U.S. v. CMC is the latest False Claims Act enforcement action to demonstrate that the failure of nursing home companies to nurture and understand their health care service providers and effectively implement controls and accountability can lead to financial devastation and potential shuttering of the organizations' doors, say Maurice Bellan and Marilyn Batonga of Baker McKenzie LLP.

  • Handling EEOC Discrimination Investigations And Litigation

    Excerpt from Lexis Practice Advisor
    Elizabeth Torphy-Donzella

    The U.S. Equal Employment Opportunity Commission received 89,385 charges of discrimination in fiscal year 2015, so the odds are good that at some point, an employer will find itself the target of an investigation. Elizabeth Torphy-Donzella and Lindsey White of Shawe & Rosenthal LLP address how to effectively represent an employer in both individual and systemic investigations and litigations by the EEOC.

  • Ex Parte Seizures Under DTSA: A 1-Year Update

    Jay D. Hermele

    Despite the potential for the Defend Trade Secrets Act to grant severe remedies to plaintiffs in federal trade secret claims, in the year since its implementation, the limitation of ex parte seizure to “extraordinary circumstances” may not provide plaintiffs with the leverage they initially anticipated, say Jay Hermele and Abigail Brown of Moye White LLP.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Chipotle Case Shows How Cos. Can Avoid Overtime Claims

    Adriana S. Kosovych

    While a New York federal court recently acknowledged that certain factors supported class and collective treatment of the plaintiffs’ claims in Scott v. Chipotle Mexican Grill, a number of factors impacting employees' daily activities rendered certification of the plaintiffs’ state and federal wage and hour claims inappropriate, says Adriana Kosovych of Epstein Becker & Green PC.

  • Sexual Orientation And Title VII: Where Do We Go From Here?

    David Long-Daniels

    Since the enactment of Title VII of the Civil Rights Act, it has been well-settled among the federal appellate courts that sexual orientation is not a protected category under Title VII. However, recent decisions by the Eleventh and Seventh Circuits have created a split and could ultimately force the U.S. Supreme Court to decide the issue, say David Long-Daniels and Adonica Starke-Melson of Greenberg Traurig LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.