Employment

  • December 14, 2016

    McDonald's Workers Want To Supersize Unpaid Wage Class

    A class of thousands of workers at company-run McDonald’s stores urged a California judge Wednesday to let them add claims over withheld meal breaks and additional violations to already-certified claims for unpaid overtime, arguing it wouldn't prejudice McDonald's and is necessary to fairly represent the workers.

  • December 14, 2016

    Ex-Employee Sues Renaissance Festival For Discrimination

    The former public relations head of Texas Renaissance Festivals Inc. filed a discrimination suit Tuesday alleging the company fired her because she objected to the owner’s racist and sexist behavior despite her efforts taking the fair to new heights.

  • December 14, 2016

    NCAA Can't Halt Football Wage Suit After 7th Circ. Ruling

    A California federal judge said Wednesday the NCAA and Pac-12 Conference cannot delay a putative wage-and-hour class action by a former University of Southern California linebacker despite a possible motion to dismiss based on a recent Seventh Circuit decision that student-athletes are not “employees,” finding that case is “not controlling.”

  • December 14, 2016

    Judge Affirms $1.4M Award For Wrongfully Fired Salesman

    A Montana federal judge on Tuesday affirmed a $1.42 million jury award to a former Haas Group International Inc. salesman who was fired after complaining about how his commissions were calculated, finding the payment reasonable.

  • December 14, 2016

    Fired Baylor Athletics Employee Sues Pepper Hamilton

    A former employee of the Baylor University Athletic Department filed a state court lawsuit against Pepper Hamilton LLP and the two attorneys who conducted an investigation into the university's response to sexual assault reports, alleging they negligently investigated the matter and libeled him in the process.

  • December 14, 2016

    Career EEOC Attorney To Head Agency's Houston Office

    The Equal Employment Opportunity Commission said Tuesday it had promoted agency veteran Rudy L. Sustaita to the post of regional attorney in charge of the Houston District Office.

  • December 14, 2016

    East Texas Lab Pays $3.75M For Falsified Medicare Billing

    An East Texas clinical laboratory and its husband-and-wife owners who overcharged Medicare for falsified driving mileage bills have agreed to pay the U.S. government $3.75 million to settle a whistleblower lawsuit brought by a former employee, the U.S. Attorney’s Office announced Tuesday.

  • December 14, 2016

    FCA Crackdown Nets $4.7B In 2016, Capping Historic Run

    False Claims Act suits recouped $4.7 billion in fiscal year 2016, capping a historic run for FCA enforcement under the Obama administration, the U.S. Department of Justice said Wednesday.

  • December 14, 2016

    Farm Slams EEOC For 'Absurd' Response In Immigrant Suit

    A Florida farm owner accused of discriminating against a class of Hispanic workers because of their national origin slammed the Equal Employment Opportunity Commission on Tuesday for trying to admit documents from their pre-suit negotiations, saying federal law blocks these records from being used as evidence.

  • December 14, 2016

    6th Circ. Upholds NLRB Order Against Ohio Nursing Home

    The Sixth Circuit on Tuesday upheld a National Labor Relations Board decision that JAG Healthcare committed a variety of unfair labor practices when taking over an Ohio nursing home, including firing three employees for supporting the company’s pre-existing union.

  • December 14, 2016

    Employment MVP: Sanford Heisler's David Sanford

    David Sanford of Sanford Heisler LLP helped a pair of Chadbourne & Parke LLP female attorneys lodge a landmark $100 million lawsuit accusing the firm of discriminating against them and other women, and guided thousands of female Qualcomm Technologies Inc. employees to a rare $19.5 million pre-suit settlement in their own bias suit, earning him a place on Law360's list of 2016 employment MVPs.

  • December 13, 2016

    5th Circ. Slices Ex-DuPont Worker's Chemical Leak FCA Suit

    The Fifth Circuit on Tuesday threw out half of a former DuPont Co. safety operator’s False Claims Act suit accusing the company of not reporting carcinogen leaks, dismissing the employee’s claim that DuPont should have paid the government penalties because of the leaks.

  • December 13, 2016

    Calif. Court Revives Ex-CNN Producer's Race Bias Suit

    A California appeals court on Tuesday revived an Emmy-winning former CNN producer’s suit against the network, ruling CNN can’t hide behind free speech-protecting laws to escape allegations that it engaged in age and race discrimination and retaliation in firing the producer and labeling him a plagiarist.

  • December 13, 2016

    Bon Secours Delayed FCA Suit In Bad Faith, Fired VP Says

    A whistleblower accusing Bon Secours Health System of defrauding Medicare and Medicaid and firing her for making such allegations asked a New York federal judge Tuesday for more time to collect and review evidence, given the “extraordinary degree” of bad faith practiced by Bon Secours in producing information.

  • December 13, 2016

    Ex-Workers Hit Disney With National Origin, Race Bias Suit

    Thirty former Disney workers sued the company Monday over alleged national origin and race discrimination, claiming in Florida federal court that they were unfairly replaced by Indian nationals.

  • December 13, 2016

    Fox Harassment Culture Spread To Local Units, Reporter Says

    A local New York Fox reporter said she'd long been cheated out of shifts at work and kept away from the anchor desk thanks to a misogynistic culture of harassment and discrimination handed down from Roger Ailes to her local news director, according to a suit filed Tuesday.

  • December 13, 2016

    Gov't FCA Suit Fails Escobar Test, Hospice Chain Says

    Hospice chain Caris Healthcare LP on Tuesday mounted a sweeping attack on U.S. Department of Justice allegations of Medicare fraud, arguing in Tennessee federal court that a False Claims Act complaint fails under the U.S. Supreme Court’s Escobar ruling and many other standards.

  • December 13, 2016

    EEOC Details Rights Of Workers With Mental Conditions

    The U.S. Equal Employment Opportunity Commission issued a resource document Monday explaining the "important protections" individuals with mental health conditions have in the workplace under the Americans with Disabilities Act.

  • December 13, 2016

    New Partner Brings FordHarrison 27 Years Of Experience

    Leading management-side labor and employment law firm FordHarrison LLP has announced the addition of a partner in its Miami office who brings extensive experience and strong ties to the community.

  • December 13, 2016

    J. Walter Thompson, Ex-CEO Can't Escape Sex Bias Suit

    A New York federal judge on Tuesday refused to dismiss a lawsuit accusing J. Walter Thompson Co. LLC and former CEO Gustavo Martinez of sex discrimination, saying the female executive who filed the suit sufficiently pled her hostile work environment claims and adequately alleged Martinez was individually liable.

Expert Analysis

  • Why NBC Can (And Should) Fire Billy Bush

    Jill F. Cohen

    Given what we know now about "Today" show host Billy Bush's involvement in the recent Donald Trump video scandal, from a business perspective NBC’s decision to fire Bush does not seem that difficult. If his contract has a carefully worded morality clause, NBC would be more than justified in permanently terminating Bush, given that his comments shocked and offended a significant portion of the community, says Jill Cohen of Cohen & Cohen PC.

  • Lessons In Proactively Avoiding Age Discrimination Claims

    Steven M. Gutierrez

    Last month, the U.S. Equal Employment Opportunity Commission filed an age discrimination lawsuit against the Montrose Memorial Hospital in Colorado. Although the case is in its initial stages and none of the allegations have been proven, it speaks to the EEOC’s ongoing efforts to address claims that protect workers in collective actions, says Steven Gutierrez of Holland & Hart LLP.

  • DOL Clarifies Burden-Shifting Framework For Whistleblowers

    Jason Zuckerman

    The U.S. Department of Labor's recent decision in Palmer v. Canadian National Railway provides critical guidance on the two-stage, burden-shifting framework that governs whistleblower retaliation claims brought under several different laws. In particular, the ruling provides detailed instructions to DOL administrative law judges on how to assess “contributing factor” causation, say Jason Zuckerman and Dallas Hammer of Zuckerman Law.

  • 1 Year After Yates Memo: Measuring Its Impact

    Rachel K. Paulose

    An assessment of the Yates memo may be somewhat premature in that many white collar cases cannot be built in just one year. In fact, the Yates memo has not yet been cited in a single case or investigation, says Rachel Paulose, a partner at DLA Piper LLP and former U.S. attorney for the District of Minnesota.

  • SEC Re-Enters The Employment Law Arena

    Steven J. Pearlman

    The U.S. Securities and Exchange Commission's recent case against International Game Technology appears to illustrate the aggressive agenda of the new chief of the SEC Office of the Whistleblower. It should capture employers’ attention given the unique reputational and significant financial risks that employment litigation against the SEC presents, says Steven Pearlman of Proskauer Rose LLP.

  • The 3 Biggest Immigration Challenges For Growing Cos.

    Lowell Sachs

    A successful immigration program is of paramount importance for companies aiming to maintain reliable access to talent in order to fill critical positions on crucial projects. However, this is no small feat. Lowell Sachs and Stephen Smalley of Ogletree Deakins Nash Smoak & Stewart PC discuss three of the biggest challenges in today’s business immigration arena.

  • 10 Things To Look For This Supreme Court Term

    James Brosnahan

    This term of the U.S. Supreme Court will probably be one of the oddest in our history, according to Jim Brosnahan, senior trial counsel with Morrison & Foerster LLP. Here are some of the dynamics to look for between now and June 2017.

  • Provider Lessons From Tenet’s $513M Fraud Settlement

    Robert C. Threlkeld


    In a cautionary tale of extreme import for health care providers, several subsidiaries of Tenet Healthcare recently agreed to plead guilty to conspiring to defraud the United States and to paying and receiving kickbacks and bribes. There are several significant areas of focus and analysis that providers should review and understand as a result of this matter, say Robert Threlkeld
 and Edgar Bueno
 of Morris Manning & Martin LLP.

  • Practical Steps For Contractor Sick Leave Compliance

    Nathan J. Oleson

    The U.S. Department of Labor’s final rule requiring federal contractors and subcontractors to provide paid sick leave for certain employees imposes another set of onerous requirements on federal contractors. The regulations will be particularly burdensome for small or midsize contractors, given the administrative costs for tracking and complying with the complex regulatory requirements, say attorneys at Akin Gump Strauss Hauer & Feld LLP.

  • Coming Soon: The 3-D (And 4-D) Brief

    Martin Bienstock

    From e-discovery to attorney profitability, the technologies of the 21st century have had a major impact on legal practice. Yet the tech revolution has had surprisingly little impact on the form and content of legal briefs — the very bread-and-butter of many legal practices. This is about to change, according to Martin Bienstock of Weisbrod Matteis & Copley PLLC.