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U.S. Department Of Justice States No Title VII Protection For Sex Orientation Bias
NEW YORK - The U.S. Department of Justice on July 26 filed an amicus curiae brief in the Second Circuit U.S. Court of Appeals on behalf of the United States stating that Title VII of the Civil Rights Act of 1964 does not protect from discrimination based on sexual orientation (Melissa Zarda, co-independent executor of the estate of Donald Zarda, et al. v. Altitude Express, doing business as Skydive Long Island, et al., No. 15-3775, 2nd Cir.).



Employers Tell High Court That Age Bias Suit Was Filed Too Late
WASHINGTON, D.C. - Federal Rule of Appellate Procedure 4(a)(5)(C) provides a 30-day limit for filing a notice of appeal that is just as "jurisdictional" as all other aspects of Rule 4 and is mandatory and "unalterable," two employers argue in their July 31 respondents brief filed in an age discrimination suit before the U.S. Supreme Court, adding that even if the rule was "otherwise open to equitable exceptions, the 'unique circumstances' doctrine would not apply" (Charmaine Hamer v. Neighborhood Housing Services of Chicago, et al., No. 16-658, U.S. Sup.).



Magistrate Defines Scope Of Discovery In Google ADEA Lawsuit
SAN JOSE, Calif. - A California federal magistrate judge on July 27 permitted Google Inc. to conduct discovery on a sampling of the plaintiffs who have opted into a collective action alleging discriminatory hiring practices under the Age Discrimination in Employment Act (ADEA), while limiting the amount of discovery Google may seek from each plaintiff (Robert Heath, et al. v. Google Inc., No. 5:15-cv-01824, N.D. Calif.).



Loffredo Petitioners Bolster Case For High Court Review Of Age Discrimination Case
WASHINGTON, D.C. - In a June 15 reply brief in support of their petition for writ of certiorari with the U.S. Supreme Court, former Chrysler Corp. executives who lost benefits under the company's retirement plan say the respondents make several errors in their arguments in opposition, including that the petitioners failed to exhaust administrative remedies before filing suit (John Loffredo, et al. v. Daimler AG, et al., No. 16-1334, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 2155).



Tribe Declines To Respond To Fired Employee's Sovereign Immunity Petition
WASHINGTON, D.C. - The U.S. Supreme Court will consider hearing a woman's constitutional rights challenge to dismissal of her age discrimination claim against an Alabama Indian tribe without the benefit of argument from the tribe, which on June 29 waived its right to respond (Christine J. Williams v. Poarch Band of Creek Indians, No. 16-1324, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 1541).



Trial Court Must Consider Substitute Class Rep In U.S. Marshal's Race-Bias Suit
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on July 21 directed the U.S. District Court for the District of Columbia to consider motions to substitute absent class members as named plaintiffs in a racial discrimination suit brought on behalf of a class of black deputy U.S. marshals (In re: Herman Brewer, et al., No. 15-8009, D.C. Cir., 2017 U.S. App. LEXIS 13111).



Lockheed Martin's $22.8M Race Bias Settlement Is Rejected By D.C. Federal Judge
WASHINGTON, D.C. - A proposed settlement under which Lockheed Martin Corp. would pay $22.8 million to end a class complaint accusing the company of engaging in a performance appraisal system that discriminates against African-American employees was rejected July 28 by a District of Columbia federal judge, who found that the plaintiffs failed to prove commonality and that the agreement's release of legal claims is too broad (Vernon Ross, et al. v. Lockheed Martin Corp., No. 16-2508, D. D.C., 2017 U.S. Dist. LEXIS 118373).



Bass Pro Will Pay $10.5M To End EEOC Bias Hiring, Retaliation Claims
HOUSTON - Bass Pro Outdoor World LLC will pay $10.5 million to settle a hiring discrimination and retaliation "pattern or practice" lawsuit filed by the Equal Employment Opportunity Commission on behalf of 50,000 job applicants, according to a consent decree filed in the U.S. District Court for the Southern District of Texas on July 25 (U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC, et al., No. 11-3425, S.D. Texas).



Dollar General Defends Deposition Of EEOC In Background Check Suit
CHICAGO - The operator of the Dollar General retail chain on July 28 told an Illinois federal court that its requested deposition of the Equal Employment Opportunity Commission is necessary to learn the factual basis for the commission's discrimination claim over the chain's use of employee background checks, asking the court to deny the EEOC's motion for a protective order (Equal Employment Opportunity Commission v. Dolgencorp LLC, No. 1:13-cv-04307, N.D. Ill.).



3rd Circuit Reinstates Race Bias Suit Due To Court's 'Significant Procedural Defect'
PHILADELPHIA - A trial court's treatment of a motion to enforce in a racial bias suit that was reviewed by a federal magistrate judge constituted a "significant procedural defect" under the Federal Magistrates Act, the Third Circuit U.S. Court of Appeals ruled Aug. 2, vacating the trial court's ruling for the employer (Equal Employment Opportunity Commission v. City of Long Branch, No. 16-2514, 3rd Cir., 2017 U.S. App. LEXIS 14151).



11th Circuit Finds 2nd Notice Of Right To Sue Doesn't Revive Limitations Period
ATLANTA - An employee may not proceed with her race and disability bias claims because the issuance of a second notice of right to sue failed to revive the limitations period and the employee failed to show that she is entitled to equitable tolling, an 11th Circuit U.S. Court of Appeals panel ruled July 18 (Tyquisha M. Stamper v. Duval County School Board, No. 15-11788, 11th Cir., 2017 U.S. App. LEXIS 12894).



7th Circuit Reinstates Firefighter's Hostile Environment, Retaliation Claims
CHICAGO - A Chicago firefighter may proceed with his claims that he was improperly exposed to a hostile work environment and then made to jump through extra hoops to return from a medical leave due to his complaints, a Seventh Circuit U.S. Court of Appeals panel ruled July 20 (Roberto G. Alamo v. Charlie Bliss, et al., No. 15-2849, 7th Cir., 2017 U.S. App. LEXIS 13094).



Split 9th Circuit Reinstates Hostile Environment Claim By Worker Alleging Rape
SEATTLE - An employee of the Idaho Department of Corrections (IDOC) who claims that she was raped by a co-worker may proceed to trial with her Title VII of the Civil Rights Act of 1964 hostile work environment claim, a split Ninth Circuit U.S. Court of Appeals panel ruled July 31, partially reversing a trial court's grant of summary judgment to the IDOC (Cynthia Fuller v. Idaho Department of Corrections, et al., No. 14-36110, 9th Cir., 2017 U.S. App. LEXIS 13862).



7th Circuit Finds Chicago Officers' Overtime Suit Fails For Never Requesting Pay
CHICAGO - Chicago police officers who filed a collective action claiming that they were denied pay for time spent checking their electronic devices failed to show that they requested such payment and were denied it, the Seventh Circuit U.S. Court of Appeals ruled Aug. 3, upholding a trial court's ruling for the city (Jeffrey Allen, et al. v. City of Chicago, No. 16-1029, 7th Cir., 2017 U.S. App. LEXIS 14230).



5th Circuit Orders Trial Court To Decide Fluctuating Workweek Application At Trial
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 4 reversed the dismissal of two plaintiffs in an overtime suit, finding that the applicability of the fluctuating workweek method must be decided at trial as alternating hours, as claimed by the plaintiffs, does not necessarily qualify as "fluctuating" as the term is used in the method (Nathan Hills, III, et al. v. Entergy Operations, Incorporated, No. 16-30924, 5th Cir., 2017 U.S. App. LEXIS 14387).



9th Circuit Finds Nordstrom Employees Failed To Show They Had To Work 7 Days A Week
PASADENA, Calif. - Two workers who claimed that their employer, Nordstrom Inc., violated California law failed to show that they were forced to work more than six consecutive days in any one work week, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 3 (Christopher Mendoza, et al. v. Nordstrom Inc., Nos. 12-57130 and 12-57144, 9th Cir., 2017 U.S. App. LEXIS 14249).



Judge Finds UCL Class Claims Against Emergency Medical Entities Can Proceed
SAN DIEGO - After finding that wages provided for under California labor code are considered wages and constitute restitution, a California federal judge on July 31 refused to dismiss a claim for violation of California's unfair competition law (UCL) asserted by a group of ambulance and emergency medical technicians against their employers (Rueben Calleros, et al. v. Rural Metro of San Diego Inc., No. 17-cv-00686, S.D. Calif., 2017 U.S. Dist. LEXIS 120119).



Behavioral Health Services Employer Settles Class Wage Claims For $865,000
PHILADELPHIA - A Pennsylvania federal magistrate judge on July 13 granted approval of a $865,000 settlement to be paid by a behavioral health services company to end claims that it misclassified and underpaid its clinicians, consultants and therapists (Sarina Brown, et al. v. Progressions Behavioral Health Services, Inc., No. 16-6054, E.D. Pa., 2017 U.S. Dist. LEXIS 108487).



Limo Drivers' Tip Class Certified; Misclassification Class Is Rejected
BOSTON - A Massachusetts federal judge on July 6 certified one of two classes proposed by a group of limousine drivers who claim that the company with which they contracted failed to turn over all gratuities and misclassified them as independent contractors (Vladimir Chebotnikov, et al. v. LimoLink, Inc., No. 14-13475, D. Mass., 2017 U.S. Dist. LEXIS 104262).



Partial Reversal Of Judgment For Paper Carrier Class Means Revisiting Attorney Fees
SAN DIEGO - A California appellate panel on July 7 partially reversed a trial court's award of nearly $3.2 million and prejudgment interest for a class of newspaper carriers suing for various wage violations and unfair business practices and ordered reconsideration of the more than $6.1 million award for attorney fees given the possible award reduction (Liliana Espejo, et al. v. The Copley Press, Inc., No. D065397, Calif. App., 4th Dist., Div. 1, 2017 Cal. App. LEXIS 609).



Vita-Mix, Kelly Services $1.6M Wages Settlement Is Preliminarily Approved
LOS ANGELES - A California federal judge on July 14 granted preliminary approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and Kelly Services Inc. to end a class complaint by workers alleging that they were misclassified and denied overtime wages and benefits (Rainoldo Gooding, et al. v. Vita-Mix Corporation, et al., No. 16-3898, C.D. Calif., 2017 U.S. Dist. LEXIS 109863).



Medical Transportation Drivers Claim They Were Paid As Little As $3.61 Per Hour
WASHINGTON, D.C. - Three nonemergency medical transportation (NMET) drivers filed a class complaint on July 13 seeking unpaid wages and alleging that they were paid flat rates that resulted in pay as little as $3.61 per hour for their work (Isaac Harris, et al. v. Medical Transportation Management, Inc., No. 17-1371, D. D.C.).



Managers' Wage-And-Hour Suit Against Starbucks, Teavana Is Sent Back To State Court
LOS ANGELES - A California federal judge on July 12 sent a wage-and-hour class suit filed by managers against Starbucks Corp. and Teavana Corp. to state court, finding that the defendants failed to show that the amount in controversy exceeds $5 million (Marie Hernandez v. Starbucks Corporation, et al., No. 17-3150, C.D. Calif., 2017 U.S. Dist. LEXIS 108081).



Pennsylvania Federal Judge Decertifies Class, Dismisses Health Aides' Wage Claims
PHILADELPHIA - A Pennsylvania federal judge on July 21 decertified a conditionally certified collective action class and granted an employer's motion for summary judgment in a suit filed by a health aide who alleged that she and other similarly situated workers were denied timely wage payments (Markisha Gordon v. Maxim Healthcare Services, Inc., No. 13-7175, E.D. Pa., 2017 U.S. App. LEXIS 113736).



NFL Cheerleader's Wage Claims Amendment Denied; No Refiling Permitted
SAN FRANCISCO - On July 21, approximately two months after dismissing, with leave to amend, Sherman Act and Cartwright Act claims brought by a National Football League (NFL) cheerleader on behalf of a class of cheerleaders who, she alleged, have suffered from suppressed wages, a California federal judge denied a motion for leave to file a first amended complaint and ruled that the plaintiff may not seek further leave to amend (Kelsey K., et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 114199).



Pennsylvania Restaurant Files Counterclaims Against Drivers In Tip-Pooling Suit
WILLIAMSPORT, Pa. - A State College, Pa., restaurant facing a class complaint by five delivery drivers over the restaurant's tip-pooling policy denied the claims in its July 21 answer filed in a Pennsylvania federal court and brought counterclaims accusing the lead named plaintiff of fraud, negligent and intentional misrepresentation and breach of the duty of loyalty (Jacob Wilson, et al. v. Wings Over Happy Valley MDF, LLC, et al., No. 17-915, M.D. Pa.).



California High Court: Marshalls Employees' Info Discoverable In Labor Suit
SAN FRANCISCO - A department store did not meet its burden to show that the contact information of employees is not subject to discovery in a wage-and-hour representative suit, the California Supreme Court held July 13, rejecting arguments of overbreadth and privacy violations and vacating the rulings of an appeals court and a trial court (Michael Williams v. The Superior Court of Los Angeles County and Marshalls of CA LLC, No. S227228, Calif. Sup., 2017 Cal. LEXIS 5124).



Franchise Groups File Amicus Brief In DIRECTV Joint Employer Case
WASHINGTON, D.C. - Five franchise organizations on July 6 filed a joint amicus curiae brief with the U.S. Supreme Court in support of DIRECTV and DirectSat USA LLC, asking the high court to review a Fourth Circuit U.S. Court of Appeals ruling that they say threatens the business franchise model by claiming that multiple entities should be held jointly responsible for the same employees (DIRECTV LLC, et al. v. Marlon Hall, et al., No. 16-1449, U.S. Sup.).



California Federal Judge Cuts Jan-Pro International's Request For Litigation Costs
SAN FRANCISCO - A California federal judge on July 20 assessed costs of $100 for all three plaintiffs in an unsuccessful wage-and-hour class action against cleaning franchisor Jan-Pro Franchising International Inc. (JPI), less than the roughly $1,200 per plaintiff JPI was seeking, because the plaintiffs have shown that they will suffer disproportionate financial harm if full costs are taxed against them (Gloria Roman, et al. v. Jan-Pro Franchising International Inc., No. C 16-05961, N.D. Calif., 2017 U.S. Dist. LEXIS 113458).



Arizona Federal Judge Denies Equitable Tolling Motion In Jimmy John's FLSA Case
PHOENIX - An Arizona federal judge on July 27 denied without prejudice a motion for equitable tolling of the statute of limitations in a putative Fair Labor Standard Act (FLSA) class action brought on behalf of current and former Jimmy John's assistant store managers in Arizona and Michigan, saying that it would constitute an impermissible advisory opinion (Jared Ruder v. CWL Investments LLC, No. 16-04460, D. Ariz., 2017 U.S. Dist. LEXIS 117584).



Massachusetts High Court: Employee Fired For Using Medical Marijuana May Sue
BOSTON - An employee who was fired after testing positive for marijuana due to her lawful medical use of the drug may sue her former employer for handicap discrimination in violation of Massachusetts' medical marijuana act, the Massachusetts Supreme Judicial Court ruled July 17 (Cristina Barbuto v. Advantage Sales and Marketing, LLC, et al., No. SJC-12226, Mass. Sup., 2017 Mass. LEXIS 504).



D.C. Circuit Refuses Enforcement Of NLRB's Fred Meyer Union Ruling
WASHINGTON, D.C. - Calling a ruling by the National Labor Relations Board (NLRB) on a dispute between a retailer and its employees' union "a complete failure to reasonably reflect upon the information contained in the record and grapple with contrary evidence," a District of Columbia Circuit U.S. Court of Appeals panel ruled Aug. 1 that the NLRB must reconsider the whole dispute after acting more like "an advocate than an adjudicator" (Fred Meyer Stores, Inc. v. National Labor Relations Board, No. 15-1135, D.C. Cir., 2017 U.S. App. LEXIS 13910).



Split D.C. Circuit: Casino Surveillance Techs Must Be Represented By Guards' Union
WASHINGTON, D.C. - Surveillance technicians employed by two Las Vegas casinos qualify as "guards" under Section 9(b)(3) of the National Labor Relations Act (NLRA) and may be represented only by an all-guard union, a divided District of Columbia Circuit U.S. Court of Appeals panel ruled July 18 (Bellagio, LLC, et al. v. National Labor Relations Board, No. 16-1191, D.C. Cir., 2017 U.S. App. LEXIS 12844).



6th Circuit: Carriers Must Accept Or Arbitrate Seniority List Accepted By Pilots
CINCINNATI - Two merged airlines must accept or submit to expedited grievance arbitration a pilots seniority list agreed to by the union and representatives for the two groups of pilots, a Sixth Circuit U.S. Court of Appeals panel ruled July 17, adding that the matter is a "major" dispute under the Railway Labor Act (RLA) (Flight Options, LLC, et al. v. International Brotherhood of Teamsters, Local 1108, et al., No. 16-3606, 6th Cir., 2017 U.S. App. LEXIS 12728).



Split Panel Remands CNN Joint Employer Finding, Upholds Successor Employer Finding
WASHINGTON, D.C. - A split District of Columbia Circuit U.S. Court of Appeals panel on Aug. 4 denied enforcement of a National Labor Relations Board's (NLRB) finding that CNN America Inc. was a joint employer of technicians hired by a contractor because the NLRB failed to explain its reasoning, but enforced the NLRB's ruling that CNN was a successor employer and must bargain with the technicians' union (National Labor Relations Board v. CNN America, Inc., et al., No. 15-1112, D.C. Cir., 2017 U.S. App. LEXIS 14342).



5th Circuit Finds T-Mobile Recording Policy Prohibits Employees From Unionizing
NEW ORLEANS - A telecommunications company's policy barring recording in the workplace prohibits employees from exercising unionizing rights, the Fifth Circuit U.S. Court of Appeals ruled July 25, enforcing in part an order by the National Labor Relations Board (NLRB) (T-Mobile USA, Incorporated v. National Labor Relation Board, No. 16-60284, National Labor Relations Board v. MetroPCS Communications, Incorporated, No. 16-60497, 5th Cir., 2017 U.S. App. LEXIS 13470).



Maryland Special Appeals Court Upholds Forfeiture Of Pension Following Harassment
ANNAPOLIS, Md. - A fire captain who was found to have harassed women and created a hostile work environment during the latter part of his tenure was properly denied the entire amount of his pension benefits, a Maryland Court of Special Appeals panel ruled July 27, affirming a determination that county code did not permit an administrative law judge's (ALJ) award of partial benefits (Theodore Priester, Jr. v. Board of Appeals of Baltimore County, No. 1030, Md. Spec. App., 2017 Md. App. LEXIS 760).



Federal Judge Confirms Award In Maritime Employment Dispute
SEATTLE - A Washington federal judge on July 31 granted a motion filed by several fishing and marine companies to enforce a Philippines arbitral award, finding that a former deck hand agreed to the settlement of his claims and had notice of the arbitral proceedings and award (Michael D. Castro v. Tri Marine Fish Company LLC, et al., No. C17-8RSL, W.D. Wash., 2017 U.S. Dist. LEXIS 120037).



11th Circuit Rejects Appeals By Unnamed Former Dukes Plaintiffs As Untimely, Moot
ATLANTA - Unnamed plaintiffs in a suit stemming from Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), that alleged gender discrimination and sought certification of regional classes, filed an untimely appeal of the dismissal of class claims, an 11th Circuit U.S. Court of Appeals panel ruled Aug. 3, adding that their appeal of the order denying their motion to intervene is moot (Penelope Morris, et al. v. Wal-Mart Stores, Inc., No. 15-15260, 11th Cir., 2017 U.S. App. LEXIS 14261).



EEOC Letter Rules Transgender Bias Claims May Proceed Under Title VII
TAMPA, Fla. - A transgender woman's allegations that her employer denied her the opportunity for promotions, partially withheld her wages due and denied medically necessary care due to her transgender status are covered under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, the Equal Employment Opportunity Commission ruled in a July 24 letter of determination.



Split 9th Circuit Upholds Class Arbitration In Data Breach Suit
PASADENA, Calif. - An employee who sued his employer following a data breach must arbitrate his claims but may proceed representing a class because the agreement he signed doesn't bar class arbitration, a split Ninth Circuit U.S. Court of Appeals panel ruled Aug. 3 (Frank Varela, et al. v. Lamps Plus, Inc., et al., No. 16-56085, 9th Cir., 2017 U.S. App. LEXIS 14284).



11th Circuit: Arbitration Agreement Signed After Class Suit Is Valid
ATLANTA - An arbitration agreement signed by an employee after he already filed a class complaint against his employer over a background check is valid and prevents the lawsuit from proceeding, the 11th Circuit U.S. Court of Appeals ruled Aug. 7 (William Jones, et al. v. Waffle House, Inc., et al., No. 16-15574, 11th Cir., 2017 U.S. App. LEXIS 14497).



Pennsylvania High Court: No Vet Preference For Military Academy Cadet
HARRISBURG, Pa. - A cadet at a military academy who never obligated himself to subsequent military service does not qualify for veterans' preference for testing and hiring in Pennsylvania, the Pennsylvania Supreme Court ruled July 25 (Scott R. Blake v. State Civil Service Commission, No. 103 MAP 2016, Pa. Sup., 2017 Pa. LEXIS 1739).



2nd Circuit: FMLA Retaliation Claims Require Motivating Factor Causation Standard
NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 19 vacated a jury verdict for an employer in a Family and Medical Leave Act (FMLA) lawsuit, finding that the retaliation claims brought by the employee required only a "motivating factor" causation standard and that the employee was unduly prejudiced when the jury was permitted to infer that the employee would have answered "yes" to relevant questions at her deposition (Cassandra Woods v. START Treatment & Recovery Centers, Inc., No. 16-1318, 2nd Cir., 2017 U.S. App. LEXIS 13038).



The Dwyer Group CEO Asks Congress To Reverse NLRB's Joint Employer Rule
WASHINGTN, D.C. - The National Labor Relations Board's adoption of an indirect control standard has made employers potentially liable for employees they do not even employ, and the "broad, unpredictable" standard ties the hands of franchisors who want to provide valuable services to their franchisee, the CEO for the Dwyer Group told a House Committee July 12.



Split High Court: District Court Must Review 'Mixed' Civil Service Case
WASHINGTON, D.C. - Review of a dismissal of a mixed case by the Merit Systems Protection Board (MSPB) where, like the present case, an employee complains of adverse action prompted at least in part by the employing agency's violation of federal anti-discrimination laws must occur in the district court, rather than the Federal Circuit U.S. Court of Appeals, a U.S. Supreme Court majority ruled June 23 (Anthony W. Perry v. Merit Systems Protection Board, No. 16-399, U.S. Sup.).



5th Circuit: BNSF Applicant Failed To Prove Withdrawal Of Job Offer Was Biased
NEW ORLEANS - The withdrawal of a job offer following a medical evaluation was not shown to be discrimination as the job applicant was unable to show that she was regarded as disabled, a Fifth Circuit U.S. Court of Appeals panel ruled July 6, upholding a trial court's decision (Kris Arthur v. BNSF Railway Company, No. 16-10270, 5th Cir., 2017 U.S. App. LEXIS 12108).



Time Warner Sued By EEOC For Firing Disabled Employee
RIVERSIDE, Calif. - Time Warner Cable Inc. and Charter Communications Inc. violated the Americans with Disabilities when it fired an account executive less than two weeks after learning she had thyroid cancer, the Equal Employment Opportunity Commission alleges in a complaint filed July 6 in the U.S. District Court for the Central District of California (U.S. Equal Employment Opportunity Commission v. Time Warner Cable, Inc., No. 17-1355, C.D. Calif.).



10th Circuit: Temp Agency, Business Cleared In Firing After Cancer Diagnosis
DENVER - A staffing agency and business that terminated the temporary employment of a worker after she missed a significant amount of work following a cancer diagnosis were properly cleared in a case accusing them of disability discrimination, a 10th Circuit U.S. Court of Appeals panel ruled July 6 (Kristin Punt v. Kelly Services, et al., No. 16-1026, 10th Cir., 2017 U.S. App. LEXIS 12046).



EEOC Sues Georgia KFC Franchise, Alleging Disability Discrimination
ATLANTA - The Equal Employment Opportunity Commission on June 7 filed a lawsuit in Georgia federal court alleging that a Kentucky Fried Chicken restaurant franchise in Dublin, Ga., violated federal law by discriminating against an employee after the owner found out that she was taking medications prescribed by her doctor for bipolar disorder (Equal Employment Opportunity Commission v. Hester Foods Inc., d/b/a Kentucky Fried Chicken, No. 37-cv-00034, S.D. Ga.).



DOJ Flips Support To Employer In Supreme Court Class Waiver Appeal
WASHINGTON, D.C. - The United States filed an amicus curiae brief on June 16 in the U.S. Supreme Court fully supporting the employers in three consolidated appeals challenging the barring of class or collective action waivers in employment agreements, noting that it was changing its position as it had previously filed a petition for a writ of certiorari on behalf of the National Labor Relations Board in one of the cases, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup. (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup.).



Wage Suppression Class Suit Is Settled With No Recovery Due To Employer's Finances
FRESNO, Calif. - A class complaint accusing an employer of suppressing wages by hiring undocumented immigrants was settled June 29 with no recovery for the class due to the defendant's negative net worth due to a multimillion-dollar judgment already entered against him and his lack of future job prospects (Robin Brewer v. Scott Salyer, No. 06-1324, E.D. Calif., 2017 U.S. Dist. LEXIS 101374).



7th Circuit Affirms Certification Limited To Wisconsin Workers In Wage Suit
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on June 22 upheld class certification of Wisconsin workers in a compensable time suit, and the majority noted that the district court acted within its authority when it severed and transferred claims of workers in two other states (Ryan DeKeyser, et al. v. ThyssenKrupp Waupaca, Inc., doing business as Waupaca Foundry, Inc., No. 16-2159, 7th Cir., 2017 U.S. App. LEXIS 11049).



Restrictions On Employer's Use Of Tips Apply Only Where Tip Credit Is Used
DENVER - An employer who pays more than the minimum wage and doesn't use the Fair Labor Standards Act's (FLSA) tip credit is not restricted from holding onto tips from customers, the 10th Circuit U.S. Court of Appeals ruled June 30 (Bridgette Marlow, et al. v. The New Food Guy, Inc., et al., No. 16-1134, 10th Cir., 2017 U.S. App. LEXIS 11678).



Victoria's Secret Agrees To Settle Call-In Scheduling Dispute For $12 Million
LOS ANGELES - Former employees suing Victoria's Secret Stores LLC (VS) for violating California's reporting time law moved in the U.S. District Court for the Central District of California on June 8 for preliminary approval of a $12 million class action settlement (Mayra Casas, et al. v. Victoria's Secret Stores, LLC, et al., No. 14-6412, C.D. Calif.).



More Briefing Ordered As Counsel Tries To Substitute Plaintiffs In Costco Wage Suit
SAN DIEGO - A California federal judge on June 2 ordered supplemental briefing after the counsel representing a class of Costco Wholesale Corp. employees in a wage dispute asked to amend the complaint to substitute new class representatives and to withdraw from representing the lead named plaintiffs after they allegedly reneged on a settlement (Paula Dittmar, et al. v. Costco Wholesale Corp., No. 14-1156, S.D. Calif., 2017 U.S. Dist. LEXIS 85193).



Judge Approves Proposed Settlement For Class Members, FLSA Collective Members
NEWARK, N.J. - A New Jersey federal judge on June 9 granted final approval of a proposed settlement as fair, reasonable and adequate for class members and Fair Labor Standards Act (FLSA) collective members, further approving $450,000 in class counsel fees and costs and a $10,000 service award to the named plaintiff (Juan Luna Dominguez, et al. v. Galaxy Recycling Inc., et al., No. 12-7521, D. N.J., 2017 U.S. Dist. LEXIS 88855).



Judge Rejects Settlement Of PAGA Penalties, Finds Ambiguity On Released Claims
SAN DIEGO - After finding that a proposed settlement of class action claims seeking penalties under the Private Attorneys General Act of 2004 (PAGA) did not leave the class members with a clear option for asserting their non-PAGA claims, a California federal judge on June 12 denied a joint motion for approval of the agreement (David Vargas v. Central Freight Lines Inc., et al., No. 3:16-cv-00507, S.D. Calif., 2017 U.S. Dist. LEXIS 90070).



Judge Finds PAGA Penalties Are Not Included Amount In Controversy
RIVERSIDE, Calif.- After finding that the amount in controversy in a proposed class action filed by an employee, who alleges that her employer failed to record and pay her hours worked, did not meet jurisdictional requirements, a California federal judge on June 30 remanded the case to a state court for lack of jurisdiction (Kymberlee Arnold v. OSF International Inc., d/b/a the Old Spaghetti Factory, et al., No. 17-897, C.D. Calif., 2017 U.S. Dist. LEXIS 103006).



Conditional Class Certification Granted In Oil Field Employees' Wage-And-Hour Suit
PITTSBURGH - An employee of a Pennsylvania oil field who alleges that he was paid miscalculated overtime wages or none at all was granted conditional class certification June 6 in his wage-and-hour lawsuit by a Pennsylvania federal judge (Christopher Meals, et al. v. Keane Frac GP LLC, et al., No. 16-1674, W.D. Pa., 2017 U.S. Dist. LEXIS 86149).



Federal Judge Partly Denies Motion To Conditionally Certify FLSA Collective Action
SAN JOSE, Calif. - A California federal judge on June 9 granted in part and denied in part a retired bus driver's motion to conditionally certify a collective action under the Fair Labor Standards Act (FLSA) (Robert Estorga v. Santa Clara Valley Transportation Authority, No. 16-02668, N.D. Calif., 2017 U.S. Dist. LEXIS 89200).



Florida Federal Judge: No Potential Opt-Ins Means No Uber Driver Collective
MIAMI - A lead plaintiff's failure to show that there are any potential opt-in plaintiffs is fatal to his motion for certification of a misclassification collective action, a Florida federal judge ruled June 27 (Sebastian A. Rojas v. Uber Technologies, Inc., et al., No. 16-23670, S.D. Fla., 2017 U.S. Dist. LEXIS 98716).



Frito-Lay Wage Settlement Rejected For 3rd Time By California Federal Judge
FRESNO, Calif. - A California federal judge on June 27 rejected for the third time a proposed $600,000 settlement agreement reached by Frito-Lay Inc. and a class of plaintiffs bringing wage violations, finding that the plaintiffs' counsel's methodology for arriving at an assumed violation rate continues to be faulty (Eliazar Sanchez, et al. v. Frito-Lay, Inc., No. 14-797, E.D. Calif., 2017 U.S. Dist. LEXIS 99468).



Individual Issues Predominate, No Class Certification For Baked Goods Distributors
SAN FRANCISCO - A California federal magistrate judge on June 28 denied a motion for class certification filed by distributors of baked goods who claim that they were improperly classified as independent contractors, finding that individualized issues predominate (Mark Soares, et al. v. Flowers Foods, Inc., et al., No. 15-4918, N.D. Calif., 2017 U.S. Dist. LEXIS 100418).



California Federal Judge Finds Wage Claims Exceed $12M, Denies Remand
RIVERSIDE, Calif. - A California federal judge on June 22 denied a motion to remand a wage-and-hour class complaint seeking, in part, unpaid compensation for missed meal and rest breaks, finding that the amount in controversy exceeds $12 million (Belen Torrez, et al. v. Freedom Mortgage, Corp., et al., No. 17-867, C.D. Calif., 2017 U.S. Dist. LEXIS 97704).



Washington High Court Ruling On Certified Questions Clarifies Meal Break Violations
OLYMPIA, Wash. - An employee may waive a meal break, clearing the employer from liability as long as the employer can show that that a valid waiver exists, the Washington Supreme Court ruled June 29, answering two questions certified from the U.S. District Court for the Western District of Washington (Michael Brady v. Autozone Stores, Inc., et al., No. 93564-5, Wash. Sup., 2017 Wash. LEXIS 681).



8th Circuit Upholds Verdict For Employer In Legal Process Server's Wage Complaint
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on June 26 upheld a jury verdict in favor of an employer in a lawsuit filed by a legal process server seeking unpaid overtime and alleging that he was misclassified as an independent contractor (Jeffrey Karlson v. Action Process Service & Private Investigations, LLC, et al., No. 15-3322, 8th Cir., 2017 U.S. App. LEXIS 11377).



D.C. Circuit Upholds 3 Out Of 4 NLRB Findings In Employee Expenses Appeal
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appels panel on June 9 enforced three of four findings by the National Labor Relations Board against an employer in a dispute over the employer's practice of treating employee's search-for-work and interim employment expenses as an offset that reduces the amount of interim earnings deducted from gross back pay (King Soopers, Inc. v. National Labor Relations Board, No. 16-1316, D.C. Cir., 2017 U.S. App. LEXIS 10260).



Illinois Federal Judge Conditionally Certifies Restaurant Workers' Action
CHICAGO - An Illinois federal judge on June 7 conditionally certified a Fair Labor Standards Act (FLSA) collective action brought by Buffalo Wild Wings (BWW) restaurant workers, saying the plaintiffs make a modest showing that the defendants' BWW franchises had a common policy or practice of requiring bartenders and servers to perform non-tipped maintenance or janitorial duties that are not related to their occupations (Lindsay Grosscup, et al. v. KPW Management Inc., et al., No. 16-cv-06501, N.D. Ill., 2017 U.S. Dist. LEXIS 87014).



Oklahoma Federal Judge Grants Cleaning Franchisor's Motion To Dismiss Lawsuit
OKLAHOMA CITY - An Oklahoma federal judge on June 9 granted a cleaning franchisor's motion to dismiss the U.S. Department of Labor's (DOL) Fair Labor Standards Act (FLSA) lawsuit against it, saying the department has not plausibly alleged that the FLSA applies to janitorial cleaners (U.S. Department of Labor v. Jani-King of Oklahoma Inc., No. 5:16-cv-1133, W.D. Okla.).



Minneapolis Council Votes To Raise City's Minimum Wage To $15 An Hour
MINNEAPOLIS - The Minneapolis City Council on June 30 voted 11-1 to raise the city's minimum wage to $15 an hour, joining other large U.S. cities that have increased basic wages.



Appellate Panel Vacates NLRB's Finding Of Anti-Union Animus By Employer
WASHINGTON, D.C. - A divided District of Columbia Circuit U.S. Court of Appeals panel on June 30 vacated a ruling by the National Labor Relations Board that a nonprofit employer violated the National Labor Relations Act (NLRA) by deciding not to increase the wages of the represented employees, finding that there was no showing that the decision was motivated by anti-union animus (Arc Bridges, Inc. v. National Labor Relations Board, No. 15-1113, D.C. Cir., 2017 U.S. App. LEXIS 11667).



U.S. High Court Denies Certiorari In Macy's Bargaining Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on June 19 denied a petition for writ of certiorari filed by Macy's Inc., seeking a ruling on "[w]hether the National Labor Relations Board must explain the legal significance of factual distinctions between included and excluded employees when deciding if a petitioned-for 'unit [is] appropriate for collective bargaining'" (Macy's Inc. v. National Labor Relations Board, No. 16-1016, U.S. Sup.).



Split Labor Board Denies Reviews Of Bargaining Units That Include Student Employees
WASHINGTON, D.C. - A split National Labor Relations Board issued two orders on July 6 declining to review regional directors' direction of election for two school bargaining units that include student employees (The New School and Student Employees at the New School-SENS UAW, No. 02-RC-143009, NLRB, Loyola University Chicago and Service Employees International Union Local 73, CLC/CTW, No. 13-RC-189548, NLRB).



7th Circuit Upholds Arbitrators' Awards Against Hyatt In Union Disputes
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 6 upheld awards by two arbitrators in favor of a union in disputes over bargaining unit work being performed by supervisors, finding that the awards don't prevent pending and future disputes regarding the same issue from being arbitrated (Unite Here Local 1 v. Hyatt Corporation, doing business as Hyatt Regency Chicago, No. 15-3668, 7th Cir., 2017 U.S. App. LEXIS 12101).



8th Circuit: Jimmy John's Franchise Owner Within Rights To Fire Union Workers
ST. LOUIS - The full Eighth Circuit U.S. Court of Appeals on July 3 ruled that a company that owns 10 Jimmy John's Franchise LLC sandwich shops in the Twin Cities was within its rights to fire six union workers who circulated posters critical of the company's sick leave policy, saying they made a "sharp, public disparaging attack upon the quality of the company's product and its business policies, in a manner reasonably calculated to harm the company's reputation and reduce its income" (MikLin Enterprises Inc. v. National Labor Relations Board, et al., No. 14-3099, 8th Cir., 2017 U.S. App. LEXIS 11792).



7th Circuit: Claim Of Race Bias Under Little-Used Statute Must Show Adverse Action
CHICAGO - A racial bias claim brought by the Equal Employment Opportunity Commission on behalf of a sales manager who claimed that he was transferred out of a particular store because he was a different race than the surrounding neighborhood fails as the claimant must show an action that adversely affected his employment status, a Seventh Circuit U.S. Court of Appeals panel ruled June 20 (United States Equal Employment Opportunity Commission v. AutoZone, Inc., et al., No. 15-3201, 7th Cir., 2017 U.S. App. LEXIS 10903).



MetLife Settles Race Bias Class Claims For $32.5 Million
NEW YORK - A New York federal judge on June 27 granted final approval of a $32.5 million settlement to be paid by Metropolitan Life Insurance Co. to end claims by financial services representatives (FSRs) that it maintained a racially biased culture and maintained policies and practices that resulted in a segregated workforce and steered accounts and business opportunities away from black FSRs (Marcus Creighton, et al. v. Metropolitan Life Insurance Company, No. 15-8321, S.D. N.Y.).



9th Circuit: Arbitration Agreement Doesn't Moot Retaliatory Discharge Suit
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 26 reversed a trial court's ruling that an employee's retaliatory discharge complaint against Neiman Marcus Group Inc. was mooted by a mandatory arbitration agreement and remanded for further proceedings (Tayler Bayer v. Neiman Marcus Group, Inc., No. 15-15287, 9th Cir., 2017 U.S. App. LEXIS 11294).



3rd Circuit Panel Affirms Company Didn't Intend For Health Benefits To Vest
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on June 15 affirmed summary judgment for Johnson Controls Inc. in an Employee Income Retirement Act lawsuit, saying that language in collective bargaining agreements (CBAs) and insurance booklets indicates that the company never intended for retirees' health insurance benefits to vest (William Grove Sr., et al. v. Johnson Controls Inc., et al., No. 16-2178, 3rd Cir., 2017 U.S. App. LEXIS 10615).



Federal Judge Grants Injunction For Retirees In Medical Coverage Dispute
HARTFORD, Conn. - A Connecticut federal judge on June 27 granted retired union employees' motion for a preliminary injunction and ordered Honeywell International Inc. to reinstate previously existing medical coverage benefits, saying that the threat of termination and the actual termination of medical coverage benefits constitute irreparable harm (David Kelly, et al. v. Honeywell International Inc., No. 3:16-cv-00543, D. Conn., 2017 U.S. Dist. LEXIS 99419).



Texas High Court Reverses Ruling On Same-Sex Benefits Injunction
AUSTIN, Texas - The Texas Supreme Court on June 30 reversed an appellate panel's reversal of a temporary injunction issued in a lawsuit by taxpayers challenging a Texas city's expansion of employee benefits to include same-sex spouses, finding that the appellate panel's opinion and judgment could be read to impose greater restrictions than required by the high court's precedent or the precedent established in Obergefell v. Hodges (Jack Pidgeon, et al. v. Mayor Sylvester Turner, et al., No. 15-0688, Texas Sup., 2017 Tex. LEXIS 654).



Judge Refuses To Remand UCL, Labor Code Claims Against Health Care Center
LOS ANGELES - A California federal judge on July 5 refused to remand class action claims for violation of California's Labor Code and unfair competition law (UCL) asserted by an employee against a health care center and payroll company, finding that the employer and payroll company showed that the amount in controversy will exceed $5 million (Maricela Reyes v. Carehouse Healthcare Center LLC, et al., No. 16-01159, C.D. Calif., 2017 U.S. Dist. LEXIS 103764).



City Colleges Of Chicago Settles EEOC Age Bias Lawsuit For $60,000
CHICAGO - City Colleges of Chicago will pay $60,000 to settle a federal age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of a 66-year-old adjunct professor who was passed over for a full-time faculty position because of her age, the EEOC announced in a June 14 press release (Equal Employment Opportunity Commission v. City Colleges of Chicago d/b/a Harold Washington College, No. 1:14-cv-5864, N.D. Ill.).



AARP Asks High Court To Review 'Errant' Ruling That ADEA Bars Damages
WASHINGTON, D.C. - AARP and the AARP Foundation on June 15 filed an amicus curiae brief with the U.S. Supreme Court asking the high court to review an "errant" Fifth Circuit U.S. Court of Appeals holding that no damages beyond lost wages are available in retaliation cases under the Age Discrimination in Employment Act (ADEA), saying the appeals panel's reasoning runs counter to the underlying logic of many of the high court's opinions (Susan L. Vaughan v. Anderson Regional Medical Center, No. 16-1386, U.S. Sup.).



Illinois Federal Judge: Woman's ADEA Claims Not Adverse Employment Actions
CHICAGO - An Illinois federal judge on June 15 granted the Illinois Department of Human Services' motion for summary judgment in an Age Discrimination in Employment Act (ADEA) lawsuit, saying the plaintiff failed to show that any of the claims she alleged constituted a materially adverse employment action (Diannah Evans v. Illinois Department of Human Services, No. 15-cv-4098, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 91908).



3rd Circuit Reinstates Age Bias Claims Brought By 2 Of 5 Temp Employees
PHILADELPHIA - Two out of five temporary employees who allege that they were denied full-time employment due to their age presented sufficient evidence of bias after they were skipped over for positions despite sufficient rankings and may proceed with their claims, a Third Circuit U.S. Court of Appeals panel ruled July 7 (Shawn Bulifant, et al. v. Delaware River & Bay Authority, No. 16-3899, 3rd Cir., 2017 U.S. App. LEXIS 12157).



Former School Employee's Age Discrimination Suit Survives Judgment Motion
ORLANDO, Fla. - A woman who alleges that her age was the motivating factor in a decision to not renew her employment contract has established a prima facie case of age discrimination, a Florida federal judge ruled June 12, finding that genuine issues of fact precluded granting her former employer's motion for summary judgment (Carmel Saxon v. Seminole County Public Schools, No. 6:15-cv-01854, M.D. Fla., 2017 U.S. Dist. LEXIS 89663).



Respondents: High Court Should Deny Certiorari In Age Discrimination Case
WASHINGTON, D.C. - In a June 5 brief, respondents contend that the U.S. Supreme Court should deny a petition for writ of certiorari asking the high court to determine whether a state law age discrimination claim relating to employee benefits that is untimely under the Age Discrimination in Employment Act (ADEA) is preempted by the Employee Retirement Income Security Act, saying a Sixth Circuit U.S. Court of Appeals decision is entirely consistent with Supreme Court precedent and all other lower court decisions on ERISA preemption and presents no important issue of federal law (John Loffredo, et al. v. Daimler AG, et al., No. 16-1334, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 1990).



Summary Judgment, Conditional Certification Denied In Attorney's Bias Suit
NEW YORK - A New York federal judge on June 14 denied numerous motions in a gender bias suit brought by a former Chadbourne & Parke LLP partner, including one for summary judgment and one for conditional certification of a collective action under the Equal Pay Act, finding that additional discovery must occur (Kerrie Campbell, et al. v. Chadbourne & Parke LLP, et al., No. 16-6832, S.D. N.Y., 2017 U.S. Dist. LEXIS 91289).



Father Denied Parental Leave Request Files Discrimination Charge Against Employer
COLUMBUS, Ohio - A man who claims that J.P. Morgan Chase Co. (JPMC) violated Title VII of the Civil Rights Act and Ohio Fair Employment Practices Act by denying his request for parental leave on the ground that only women can be primary caregivers for children on June 14 filed a charge asking the Ohio Equal Employment Opportunity Commission to investigate his allegations on a classwide basis.



School Workers' Row Sent To Tribal Commission By Split 9th Circuit
SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals on June 28 sent an employment dispute involving two school districts on tribal land back to the tribe's labor commission to decide whether it has jurisdiction to decide the employees' claims for merit pay and violation of the tribe's hiring preference law (Window Rock Unified School District, et al. v. Ann Reeves, et al., No. 13-16278, 9th Cir., 2017 U.S. App. LEXIS 11503).



9th Circuit Reverses Dismissal Of False Claims Act Case Against Drug Maker Gilead
SAN FRANCISCO - Relying on the U.S. Supreme Court's ruling in Universal Health Services, Inc. v. United States, ex rel Escobar, __ U.S. __, , 136 S. Ct. 1989 (2016), the Ninth Circuit U.S. Court of Appeals on July 7 reversed dismissal of a False Claims Act/retaliation claim alleging that drug maker Gilead Sciences Inc. used unapproved and contaminated ingredients in its HIV drugs (United States of America, ex rel. Jeffrey Campie, et al. v. Gilead Sciences, Inc., No. 15-16380, 9th Cir., 2017 U.S. App. LEXIS 12163).



NLRB ALJ: Texas Charter School Is Exempt From NLRA Jurisdiction
COPPELL, Texas - A Texas charter school is a political subdivision of the state and is exempt from the National Labor Relation Act's (NLRA) jurisdiction, a National Labor Relations Board administrative law judge (ALJ) ruled June 21 (LTTS Charter School, Inc. d/b/a Universal Academy and Kimberly Free, No. 16-CA-170669, NLRB).



Uber WARN Act Class Suit Stayed Again Pending Arbitration Ruling
SAN FRANCISCO - A class suit accusing Uber Technologies Inc. of stopping its operations in a Texas city without first properly notifying its drivers was stayed a second time on June 22 by a California federal judge who determined a Ninth Circuit U.S. Court of Appeals ruling on the enforceability of an arbitration agreement is needed first (Todd Johnston v. Uber Technologies, Inc., No. 16-3134, N.D. Calif., 2017 U.S. Dist. LEXIS 96734).



U.S. High Court Will Decide On Reach Of Dodd-Frank's Whistleblower Provision
WASHINGTON, D.C. - The U.S. Supreme Court on June 26 agreed to decide whether the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010's whistleblower provision extends to individuals who have not reported the alleged misconduct to the Securities and Exchange Commission (Digital Realty Trust, Inc. v. Paul Somers, No. 16-1276, U.S. Sup.).



IFA Applauds Withdrawal Of DOL Joint Employer Informal Guidance
WASHINGTON, D.C. - The International Franchise Association (IFA) on June 7 applauded the announcement by U.S. Secretary of Labor Alexander Acosta that day that the U.S. Department of Labor (DOL) would withdraw the Obama administration's interpretation of joint employer that it called "one of the most costly and burdensome regulations impacting the franchise business model."



New York City Mayor Signs 'Fair Workweek' Legislative Package
NEW YORK - New York City Mayor Bill de Blasio on May 30 signed into law a "Fair Workweek" legislative package that is designed to ensure predictability of schedules and paychecks for workers in the city fast food and retail industries.



U.S. High Court: No Personal Jurisdiction For BNSF In Montana Injury Suits
WASHINGTON, D.C. - The U.S. Supreme Court on May 30 reversed a Montana Supreme Court ruling and held that BNSF Railway Co., under the Federal Employers' Liability Act (FELA), is not subject to general personal jurisdiction in Montana - a state where it is not headquartered or incorporated - when it comes to injury claims that are unrelated to activity occurring in that state (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).



Split 1st Circuit Rules On 2 Arbitration Issues Of First Impression
BOSTON - Deciding two questions of first impression in its circuit, a divided First Circuit U.S. Court of Appeals panel on May 12 ruled that the applicability of the Federal Arbitration Act (FAA) is a threshold question for a court to determine in a case where the parties have delegated questions of arbitrability to an arbitrator and that the FAA's exemption of employment contracts of transportation workers applies to independent contractor transportation worker agreements (Dominic Oliveira, et al. v. New Prime, Inc., No. 15-2364, 1st Cir., 2017 U.S. App. LEXIS 8474).