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Employment

  • May 17, 2019

    Gov't Must Provide Info In Challenge To 2-For-1 Rule Order

    The D.C. federal judge presiding over public interest groups' challenge to President Donald Trump's executive order requiring that for every new regulation, two rules must be eliminated, said Friday that federal agencies must do a better job complying with discovery.

  • May 17, 2019

    Janus Stops Pa. Union Fee Challenge In Its Tracks

    A federal judge closed the book Friday on a group of Pennsylvania public school workers complaining about compulsory union fees, finding that the 2018 U.S. Supreme Court decision declaring the practice unconstitutional made their case moot.

  • May 17, 2019

    Texas Judge Backs Broad DOJ Authority To End FCA Suits

    A Texas federal judge on Thursday recommended the dismissal of False Claims Act suits accusing Eli Lilly and Bayer of providing kickbacks to doctors in the form of various assistance services, saying the U.S. Department of Justice has "virtually unfettered" dismissal authority in whistleblower FCA cases.

  • May 17, 2019

    NJ Judge Won't Toss Domino's Wage Suit Without Seeing Deal

    A New Jersey federal judge on Friday rejected separate bids to toss a proposed class action against a company that operates Domino’s Pizza franchises, saying the business must turn over a purported settlement agreement for the court’s approval or swear that there is no deal to resolve claims of Fair Labor Standards Act violations.

  • May 17, 2019

    9th Circ. Says Tesla Can Arbitrate Worker's Race Bias Claims

    A black Tesla employee who says he was constantly subjected to racial epithets, harassment and threats at work and then ignored when he complained must pursue his claims in arbitration, the Ninth Circuit ruled Friday, with the chief judge saying the panel's hand was forced by precedent.

  • May 17, 2019

    IRS Can't Use Law To Force Health Plan Penalty Payment

    The Internal Revenue Service can’t use the Anti-Injunction Act to dodge an injunction preventing it from collecting payments from employers whose health plans fail to cover birth control, a North Dakota federal court has ruled.

  • May 17, 2019

    Conn. Senate Sends $15 Minimum Wage Bill To Governor

    Connecticut is poised to become the seventh state to adopt a $15 minimum wage after its Senate approved a wage hike early Friday, sending the plan to Gov. Ned Lamont's desk.

  • May 17, 2019

    Symrise Accused Of Raiding Refresco To Develop New Drink

    Dutch soft-drink company Refresco Beverages U.S. Inc. has sued flavoring and fragrance maker Symrise Inc. in New Jersey federal court, alleging it is conspiring with former Refresco executives and researchers to develop a new soft drink for a competitor using its resources and trade secrets.

  • May 17, 2019

    CSX Aims To Dump Train Manager's Medical Leave Suit

    CSX Transportation Inc. asked a Florida federal judge Friday to dump a suit from a train manager alleging his position was wrongfully eliminated while he was out on disability leave, insisting the manager wasn’t singled out.

  • May 17, 2019

    Morgan Stanley’s $10M Deal Is Too Low, Advisers Say

    A group of former Morgan Stanley financial advisers urged a California federal judge Thursday to reject a $10 million deal proposed last month to settle allegations that the investment bank routinely refused to reimburse them for work-related expenses, arguing the amount is too low and the release of claims is too broad.

  • May 17, 2019

    Jury Backs Pizza King Mario Sbarro In Steakhouse Wage Suit

    A New York federal jury has found in favor of pizza restaurateur Mario Sbarro and his son in a suit brought by tipped workers for a now-closed steakhouse who claimed the Sbarros failed to pay them minimum and overtime wages as the business struggled to survive.

  • May 17, 2019

    Robinson Bradshaw Liable For Diversity Promises, Atty Says

    Law firms should be held liable for deceptive advertising when they lure minority and female attorneys by talking up their diversity and inclusion efforts and then fail to live up to their promises, according to a Thursday filing in a race bias suit against Robinson Bradshaw & Hinson PA.

  • May 17, 2019

    How Supreme Court Conservatives Have Shaped The FCA

    The U.S. Supreme Court’s latest False Claims Act ruling didn’t just decide how much time whistleblowers have to launch fraud cases — it added to a long line of FCA opinions written by right-leaning justices, who have authored virtually all of the high court’s modern FCA precedent.

  • May 17, 2019

    Nurses Were Paid Hourly, Not On Salary, Texas Justices Say

    A Texas hospital never intended to pay four nursing supervisors an annual salary instead of an hourly wage, and therefore didn't short them on income, the state's highest court held Friday.

  • May 17, 2019

    House Passes Broad LGBTQ Rights Legislation

    The U.S. House of Representatives on Friday passed a sweeping bill that would prohibit discrimination based on sexual orientation and gender identity in the workplace, as well as several other facets of public life. 

  • May 16, 2019

    Del Taco Pushes Arbitration In EEOC Sex Harassment Suit

    Del Taco urged a California federal judge Thursday to send to arbitration claims brought by the U.S. Equal Employment Opportunity Commission alleging the fast food restaurant chain discriminated against a putative class of its female employees and subjected them to sexual harassment.

  • May 16, 2019

    EEOC Wins $3.3M Verdict Against Strip Club In Race Bias Suit

    A Mississippi federal jury has sided with the U.S. Equal Employment Opportunity Commission and found that a strip club in the state had discriminated against five black dancers, awarding more than $3.3 million in damages.

  • May 16, 2019

    Prison Health Giant Settles EEOC Disability Bias Suit For $1M

    A national prison health-care provider agreed Thursday to pay nearly $1 million to resolve a U.S. Equal Employment Opportunity Commission suit claiming the company refused to accommodate disabled employees and had a “medical termination” policy that axed anyone who exhausted a 30-day medical leave.

  • May 16, 2019

    Ex-Citgo Exec Says She Was Fired Over Kickback Refusal

    The former vice president of human resources for Citgo has sued the oil giant, alleging she was fired by its then-chief executive officer in 2017 after refusing to participate in three illegal kickback schemes.

  • May 16, 2019

    Hospital Giant Abandons FCA Case At Supreme Court

    Hospital chain Intermountain Healthcare has settled a high-profile case alleging unnecessary heart procedures, eliminating yet another opportunity for the U.S. Supreme Court to clarify how precisely False Claims Act suits must describe purportedly improper billing.

Expert Analysis

  • Inside The New FCA Cooperation Credit Guidelines

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    The recently issued U.S. Department of Justice cooperation credit guidelines provide False Claims Act litigators important information about factors the government considers before awarding cooperation credit or moving to intervene and dismiss a qui tam relator's suit, say attorneys at Cleary.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • How DOJ Compliance Guide Affects Employer Best Practices

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    April guidance from the U.S. Department of Justice on corporate compliance programs serves as a reminder of the value of coordination among a company’s human resources, legal and compliance functions, say Steven Pearlman and Pinchos Goldberg of Proskauer.

  • Claiming The 'Iron Throne' With A Noncompete?

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    While watching events unfold on the final season of "Game of Thrones," it occurred to me: Many of Daenerys Targaryen’s problems concerned with her claim to the Iron Throne might have been solved with an enforceable noncompete, says Emily Wajert of Kramer Levin.

  • Cybersecurity Enforcement Shouldn't Be Left To FCA Relators

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    The denial last week of a contractor's motion to dismiss a False Claims Act case in the Eastern District of California wrongly looks to whistleblowers for cybersecurity enforcement and may allow cybersecurity to become the qui tam bar’s next feeding ground, say Robert Metzger and Stephen Bacon at Rogers Joseph O'Donnell.

  • EEOC Data Rules Pose 2 Equal Pay Study Challenges

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    New reporting requirements will provide the U.S. Equal Employment Opportunity Commission with additional data to evaluate employers’ pay practices, but the type of data to be collected and the statistical tests the EEOC proposes may result in several issues for employers, says Audrius Girnius at Advanced Analytical Consulting Group.

  • Opinion

    Calif. Fair Pay Law Is Unfair To Startup Founders

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    It's time for legislatures and courts to recognize the unfair burden the California Fair Day’s Pay Act has placed on company leaders — like founders of California startups — by holding them liable for failure to pay wages, say David Siegel and Mital Mikada of Grellas Shah.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • 4 Steps For New Jersey Equal Pay Act Compliance

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    As New Jersey's Equal Pay Act approaches its one-year anniversary, partners at Deloitte and members at Epstein Becker discuss what employers should do now to reduce exposure to claims brought under the expansive pay equity law.

  • Practical Safeguards For Employee Use Of Messaging Apps

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    Independent of the U.S. Department of Justice's recent interest in instant and ephemeral messaging apps, companies have plenty of sound reasons to control their use in the office and have an array of tools to do it, say Erin Schrantz and Andrew Philip Walker of Jenner & Block.