LexisNexis® Legal Newsroom
Williams Mullen: In Rebuff To Labor Board, 5th Circuit Sustains Arbitration Agreements With Class Action Waivers

By David C. Burton , Beth Hirsch Berman and J. Nelson Wilkinson In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action waivers as...

Williams Mullen: Infosys I-9 Audit Results Likely to Trigger ICE Audits of Computer Consulting Firms

By Mary E. Pivec, Esq. Infosys Limited’s recent $34 million settlement with the U.S. Government resolved the threat of criminal charges against the company based on allegations of visa fraud. For our commentary on the False Claims Act allegations in the Government’s complaint click here...

Pennsylvania Supreme Court: Common Law Claims Against Employers Allowed For Latent Occupational Diseases

By Richard I. Nemeroff and R. Scott Marshall [Editor's Note: Mr. Nemeroff is the principal of The Nemeroff Law Firm, P.C., with offices in Dallas, TX, Houston, TX, Pittsburgh, PA, and New Orleans, LA and focuses his firm's practice on asbestos, pharmaceutical and catastrophic personal injury...

U.S. High Court Hears Oral Arguments In Dispute Over Taxing Severance Payments

WASHINGTON, D.C. — (Mealey’s) Severance payments fall within the Federal Insurance Contributions Act’s (FICA) definition of wages and are taxable, Assistant to the Solicitor General Eric J. Feigin told the U.S. Supreme Court Jan. 14 in arguments presented on behalf of the United States...

U.S. Supreme Court: Time Spent Donning, Doffing Gear Is Not Compensable

WASHINGTON, D.C. — (Mealey’s) The time workers at United States Steel Corp. spend donning and doffing protective gear is not compensable under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled Jan. 27 ( Clifton Sandifer, et al. v. United States Steel Corporation , No. 12-417...

Williams Mullen: For H-1B Employers: How Even a Single Employee’s H-1B Complaint Could Incite a Comprehensive DOL Investigation of Your H-1B Practices

By Mary E. Pivec and Reba M. Mendoza In Greater Missouri Medical Pro-Care Providers, Inc. , ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), a divided U.S. Department of Labor (“DOL”) Administrative Review Board (the “Board”) partially reversed the decision of the Administrative...

Ballard Spahr LLP: ACA Employer Mandate Final Regulations Released; Enforcement Delays Provided for Mid-Sized Employers

By Brian M. Pinheiro, Jean C. Hemphill and Jonathan M. Calpas | Very large employers will be required to offer health care coverage to their full-time employees or pay a penalty to the federal government beginning January 1, 2015. Under the final regulations released by the U.S. Department of Treasury...

Williams Mullen: Court Holds ERISA Plaintiff Can’t Claim Equitable Remedies When They Have Adequate Remedies to Recover Plan Benefits, Notwithstanding the Expansion of the Kinds of Equitable Relief in CIGNA Corp. v. Amara

By Mark S. Thomas and Robert W. Shaw A federal court has ruled that, although a recent U. S. Supreme Court decision expanded the kinds of equitable remedies available to a plaintiff under ERISA § 502(a)(3), those remedies are still unavailable when the ERISA plaintiff has an adequate remedy to...

LeClairRyan: Trial Court Dismisses Negligent Hiring, Retention Claims Against Motor Carrier

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier's vicarious liability and thus subject to dismissal. The ruling in Milton, et...

Supreme Court Holds Severance Payments Are Taxable Wages

WASHINGTON, D.C. — (Mealey’s) Severance payments fall within the definition of wages in the Federal Insurance Contributions Act (FICA) and are taxable, the U.S. Supreme Court ruled March 25 ( United States of America v. Quality Stores, Inc., et al. , No. 12-1408, U.S. Sup. [ enhanced opinion...

Ballard Spahr LLP: Federal Court Ruling In Pa. Narrows Computer Fraud And Abuse Act

By Robert R. Baron, Jr., David S. Fryman, Corinne Militello, and Philip N. Yannella A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that...

Ballard Spahr LLP: EB-5 Program Reforms Proposed

By Debbie A. Klis and Ellen Jerrehian Legislation has been introduced in the U.S. House of Representatives to reform and make permanent the EB-5 Immigrant Investor Program (EB-5 Program). The American Entrepreneurship and Investment Act of 2014 (the Act) seeks to provide certainty to investors and...

Williams Mullen: 7th Circuit Interprets ERISA’s Statute of Limitations for Fiduciary Breach: Fish v. GreatBanc Trust Company

By Mark S. Thomas and Robert W. Shaw The Seventh Circuit Court of Appeals in Fish v. GreatBanc Trust Company , No. 12-3330 (7th Cir. May 14, 2014) [ enhanced opinion available to lexis.com subscribers ], has issued a decision that clarifies the rules for suits for fiduciary breach under ERISA. The decision...

U.S. Supreme Court: Employee Speech Before Grand Jury Is Protected

WASHINGTON, D.C. — (Mealey’s) An employee’s testimony before a federal grand jury was protected under the First Amendment to the U.S. Constitution because he spoke as a citizen on a matter of public concern, not pursuant to his job responsibilities, a unanimous U.S. Supreme Court ruled...

Williams Mullen: D.C. Circuit Rules That ‘Exhaustion of Administrative Remedies’ Is Not Required For Violations of ERISA’S Statutory Guarantees: Stephens v. Pension Benefit Guaranty Corporation

By Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the District of Columbia Circuit has joined five other federal circuits to rule that pension plan participants need not exhaust a plan’s internal remedial procedures before they file suit in federal court to assert violations...

Williams Mullen: 4th Circuit Adopts More Demanding Test For Exercise Of Objective Prudence By Retirement Plan Fiduciaries

By Mark S. Thomas and Robert W. Shaw In the latest ruling in a long-running battle arising from company stock fund divestments, the U. S. Court of Appeals for the Fourth Circuit has underscored the importance of procedural prudence in the management of plan assets. In Tatum v. RJR Pension Investment...

ACA Compliance: Getting Ahead of the Curve. A LexisNexis® White Paper with Cynthia Stamer

The looming implementation of another round of employer mandates under the Affordable Care Act (ACA) has business leaders scrambling for help from legal counsel and other advisors. This flurry of activity is prudent; compliance with ACA is a matter of federal law and many penalties for failure to comply...

U.S. Supreme Court Denies Cert For Celebrity Cruise Line Workers

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 6 denied a petition for writ of certiorari filed by a group of Indian state room workers for a cruise line who sought review of a federal judge’s decision to dismiss their case to vacate an arbitration award as untimely (...

DLA Piper: Ebola: Best Practices For U.S. Employers – 6 Questions To Ask

By Phyllis Cheng The 2014 Ebola outbreak is the largest one of its type in history and the first in West Africa. A severe and often fatal disease in humans, Ebola symptoms include fever, headache, joint and muscle aches, weakness, diarrhea, vomiting, stomach pain and lack of appetite. Symptoms may...

DLA Piper: $185 Million Punitive Damages for Pregnancy Discrimination: What Led to the Largest Single-Plaintiff Employment Award?

By: Joseph Domenick Guarino and Kevin Connelly Rosario Juarez worked at AutoZone but now can buy 1 percent of its total market capitalization. Juarez began as a retail salesperson in San Diego in 2000. She was promoted to Parts Sales Manager but was unsuccessful in seeking advancement to store...

How I Did on My Employment Law Predictions For 2014

Last year I made predictions for what would happen in 2014. How did I do? Call me Cassandra again, because I did pretty well: Minimum Wage: I predicted that raising the minimum wage would be a hot political issue in 2014. Eleven states enacted minimum wage increases and so did several municipalities...

What I See In My Crystal Ball For Employment Law In 2015

So far I've been pretty prescient in my annual predictions, so better pay attention here. My predictions for what will happen on the employment law scene in 2015 are: 1. Intern sexual harassment : With Broward County moving to develop an ordinance to ban sexual harassment of interns, can Miami-Dade...

Employment Law Bills Pending in the Florida Legislature

Since I've been writing about states that have pro-employee laws, and complaining about the lack of protections for employees in Florida law, I thought you'd like to hear about some legislation that has been filed in the Florida legislature for the upcoming session. Will any of it pass? Doubtful...

Steptoe & Johnson PLLC: Trial Lawyers Targeting Oil and Gas Industry Layoffs

There have already been social media campaigns targeting laid off oil and gas workers. Trial lawyers are looking for claims to bring against companies that make mistakes in laying off workers. On its face, the WARN Act appears to be simple and straightforward. However, there are several traps in that...

Lunch with Justice Scalia

I initially wanted to hold off on posting this article in order to not inundate the blog with Justice Scalia posts back-to-back ( see Abercrombie case ) but I got to thinking— Could there ever be too much Scalia ? I don’t think so. Regardless of whether you agree with his decisions or...