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Split 11th Circuit: Gender Norms, Not Orientation, Protected Under Title VII
ATLANTA - Job discrimination based on an individual's gender nonconformity is protected under Title VII of the Civil Rights Act of 1964, but discrimination based on sexual orientation is not, a divided 11th Circuit U.S. Court of Appeals panel ruled March 10 (Jameka K. Evans v. Georgia Regional Hospital, et al., No. 15-15234, 11th Cir., 2017 U.S. App. LEXIS 4301).



2nd Circuit Reinstates Gay Employee's Title VII Gender-Stereotyping Claim
NEW YORK - A Second Circuit U.S. Court of Appeals panel on March 27 reinstated a gay employee's bias claim, finding that while it can't reconsider the ruling in Simonton v. Runyon, 232 F.3d 33 (2d Cir. 2000), which held that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination on the basis of sexual orientation, it does find that the employee plausibly alleges a gender-stereotyping claim cognizable under Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) (Matthew Christiansen v. Omnicom Group, Incorporated, et al., No. 16-748, 2nd Cir., 2017 U.S. App. LEXIS 5278).



Split En Banc 7th Circuit: Sexual Orientation Bias Is Form Of Sex Discrimination
CHICAGO - The en banc Seventh Circuit U.S. Court of Appeals agreed "to take a fresh look" at bias on the basis of a person's sexual orientation and issued a divided opinion on April 4 in which the majority ruled that that type of discrimination is a form of sex discrimination under Title VII of the Civil Rights Act of 1964 (Kimberly Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 7th Cir., 2017 U.S. App. LEXIS 5839).



8th Circuit: Employer Failed To Show It Had A Legal Reason To Pay Females Less
ST. PAUL, Minn. - An employer accused by three female workers of paying them less than male counterparts failed to show that an economic downturn or audit evidence, which was excluded during the trial, cleared it of discrimination charges, the Eighth Circuit U.S. Court of Appeals ruled April 3 (Erin Dindinger, et al. v. Allsteel, Inc., No. 16-1305, 8th Cir., 2017 U.S. App. LEXIS 5661).



Split Supreme Court: Nominee May Not Also Serve In An Acting Capacity
WASHINGTON, D.C. - Section 3345(b)(1) of the Federal Vacancies Reform Act of 1998 (FVRA) prevents any acting office for an office under this section from serving as a nominee and acting official, a divided U.S. Supreme Court ruled March 21 (National Labor Relations Board v. SW General, Inc., doing business as Southwest Ambulance, No. 15-1251, U.S. Sup.).



U.S. High Court: Abuse Of Discretion Review For EEOC Subpoena
WASHINGTON, D.C. - When a district court is deciding whether to enforce or quash an Equal Employment Opportunity Commission subpoena, it should review the subpoena for abuse of discretion, not de novo, a divided U.S. Supreme Court ruled April 3, vacating a decision by the Ninth Circuit U.S. Court of Appeals and remanding for a new review under the appropriate standard (McLane Company, Inc. v. Equal Employment Opportunity Commission, No. 15-1248, U.S. Sup.).



Pregnancy Bias Class Suit Against UPS Dismissed For Lack Of Sufficient Proof
CHICAGO - An Illinois federal judge on March 3 dismissed, with leave to amend, a proposed nationwide pregnancy discrimination class suit against United Parcel Service Inc. (UPS) based on the lead plaintiff's failure to show that UPS accommodated other employees while denying accommodation to pregnant ones (Jamie Anfeldt, et al. v. United Parcel Service, Inc., No. 15-10401, N.D. Ill., 2017 U.S. Dist. LEXIS 30150).



Final Approval Of $27M Lyft California Driver Settlement Granted
SAN FRANCISCO - A California federal judge on March 16 granted final approval of a $27 million settlement between Lyft Inc. and its drivers who provide ride-sharing services after removing from the proposed order language enjoining settlement class members from filing any action in the future based on claims that are released in the agreement (Patrick Cotter, et al. v. Lyft, Inc., No. 13-4065, N.D. Calif., 2017 U.S. Dist. LEXIS 38256).



Class Of Minor League Baseball Players Is Recertified In Wage Suit
SAN FRANCISCO - A little more than seven months after a class of minor league baseball players was decertified in a lawsuit seeking unpaid wages from the Office of the Commissioner of Baseball, its member franchises and former Commissioner Allan H. "Bud" Selig, a California federal magistrate judge granted in part a motion class certification and recertification of a Fair Labor Standards Act (FLSA) collective action (Aaron Senne, et al. v. Kansas City Royals Baseball Corp., et al., No. 14-608, N.D. Calif., 2017 U.S. Dist. LEXIS 32949).



Target Team Leaders Accept $83,000 Offer To End Collective Wage-And-Hour Action
TRENTON, N.J. - Two former executive team leaders on April 6 accepted a $83,000 offer of judgment filed in the U.S. District Court for the District of New Jersey by Target Corp. and Target Corporation of Minnesota (collectively, Target), ending their proposed collective action that accused the retailer of misclassifying them as exempt from receiving overtime pay (Richard Locicero, et al. v. Target Corporation, et al., No. 16-5592, D. N.J.).



1st Circuit Reverses Judgment For Employer In Dispute Over Serial Comma
BOSTON - Noting that the lack of a serial comma in a list of activities exempted from Maine's overtime law caused the present dispute, the First Circuit U.S. Court of Appeals on March 13 reversed summary judgment for a Maine dairy company in a wage-and-hour lawsuit filed by delivery drivers, finding that state law requires that the exemption must be construed in the narrow manner favored by the drivers (Kevin O'Connor, et al. v. Oakhurst Dairy, et al., No. 16-1901, 1st Cir., 2017 U.S. App. LEXIS 4392).



6th Circuit: Amazon Doesn't Need To Pay Workers For Time Going Through Security
CINCINNATI - Warehouse workers are not owed wages under Kentucky state law for time spent going through post-shift security screening because the Kentucky Supreme Court would apply Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014), to the Kentucky Wages and Hours Act (KWHA), the Sixth Circuit ruled March 31 (Tina Vance, et al. v. Amazon.com, Inc., et al., No. 16-5533, 6th Cir., 2017 U.S. App. LEXIS 5622).



Nevada High Court: NLRA, ERISA Don't Preempt Minimum Wage Amendment
CARSON CITY, Nev. - Nevada's Minimum Wage Amendment (MWA), which allows employers to pay a lower minimum wage if they provide health benefits, is not preempted by the National Labor Relations Act (NLRA) or the Employee Retirement Income Security Act of 1974 (ERISA) and is not unconstitutionally vague, the Nevada Supreme Court ruled March 16 (Western Cab Company v. The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark, et al., No. 69408, Nev. Sup., 2017 Nev. LEXIS 16).



Class Of Call Center Agents Decertified In Unpaid Wages Dispute
ST. LOUIS - A Missouri federal judge on March 6 decertified a class of call center agents in a wage-and-hour lawsuit, finding that after discovery, the plaintiffs were unable to provide reliable evidence to overcome a lack of common policy (Penny Davenport, et al. v. Charter Communications, LLC, No. 12-7, E.D. Mo., 2017 U.S. Dist. LEXIS 31076).



California Federal Judge Denies Sephora's Request For Partial Stay In Wage Dispute
SAN FRANCISCO - A motion for a partial stay filed by an employer in a wage-and-hour dispute pursuant to the Colorado River Water Conservation Dist. v. United States, 424 U.S. 800 (1976), doctrine must be denied because it was an attempt to dismiss "the potentially meritorious" claims of a nationwide class, a California federal judge ruled March 13 (Lacey Hernandez, et al. v. Sephora USA, Inc., No. 16-5392, N.D. Calif., 2017 U.S. Dist. LEXIS 35758).



California Federal Judge Denies Decertification, Finds Vendors Are Employees
SAN FRANCISCO - A network of "vendors" who perform maintenance and repair services at properties owned by Field Asset Services Inc. (FAS) are employees, not independent contractors, and are owed overtime and business expenses, a California federal judge ruled March 17 in an order granting the vendors' motion for partial summary judgment and denying FAS's motion to decertify the class of vendors (Fred Bowerman, et al. v. Field Asset Services Inc., et al., No. 13-57, N.D. Calif., 2017 U.S. Dist. LEXIS 39000).



9th Circuit: Cab Drivers Working The Phoenix Airport Are Not Employees
SAN FRANCISCO - Taxi drivers who lease cabs to pick up passengers at Phoenix Sky Harbor International Airport in Arizona are in business for themselves and not economically dependent on AAA Cab Service Inc. and are not employees under federal or state law, the Ninth Circuit U.S. Court of Appeals ruled March 27 in the drivers' consolidated class action, affirming a trial court's grant of summary judgment in AAA Cab (Ivan Pentchev Iontchev, et al. v. AAA Cab Service, Inc., et al., No. 15-15789, 9th Cir., 2017 U.S. App. LEXIS 5326).



Plaintiffs' Counsel Sanctioned For Behavior During Wage-And-Hour Deposition
SAN FRANCISCO - An attorney representing the named plaintiffs in a wage-and-hour class complaint must pay $7,706.32 in sanctions after acting in an "unprofessional" and "disrespectful" manner during deposition, a California federal magistrate judge ruled March 21, adding that the attorney "might benefit from mental health treatment and sensitivity training" (Shaon Robinson, et al. v. The Chefs' Warehouse, No. 15-5421, N.D. Calif., 2017 U.S. Dist. LEXIS 40824).



Seismic Workers Granted Class Certification In Wage Dispute
HOUSTON - A Texas federal magistrate judge on March 27 certified a class of workers paid on a day-rate basis who allege that they worked more than their allotted 12 hours per day but were not paid overtime (Darnell Senegal, et al. v. Fairfield Industries, Inc., d/b/a Fairfield Nodal, No. 16-2113, S.D. Texas, 2017 U.S. Dist. LEXIS 43830).



Judge Remands Class Action Filed Against Ford To California Court
LOS ANGELES - A California federal judge on March 10 remanded a class action lawsuit filed by product specialists who assert wage-related claims against a car maker and staffing companies, finding that the amount in controversy did not meet federal jurisdictional requirements (Henry Chen, et al. v. United Talent Agency LLC, et al., No. 17-1848, C.D. Calif., 2017 U.S. Dist. LEXIS 34960).



Judge Finds Employees Failed To Prove Theory Of Joint Liability
SAN DIEGO - A California federal judge on March 8 found that former employees, who sold skincare products for various entities, failed to show that a company was the alter ego of other defendants named in the case, granting the owner of the product's motion to dismiss claims for violation of California labor code and California's unfair competition law (UCL) (Candle Horton, et al. v. NeoStrata Company Inc., et al., No. 3:16-CV-02189, S.D. Calif., 2017 U.S. Dist. LEXIS 34059).



Court Affirms Verdict For Unpaid Overtime For Newspaper Employees
LOS ANGELES - After finding that all of a newspaper's challenges to a jury verdict in favor of former employees, who asserted claims for violation of California's unfair competition law (UCL) and other causes of action related to the termination of their jobs, failed, a California court on March 23 affirmed an award of damages in their favor for unpaid wages and overtime (Sun K. Byun, et al. v. Joong-Ang Daily News California, Inc., No. B270539, Calif. App., 2nd Dist., Div. 8, 2017 Cal. App. Unpub. LEXIS 2015).



California Federal Judge Grants McDonald's Corp. Judgment On Labor Code Claims
SAN FRANCISCO - A California federal judge on March 10 granted McDonald's Corp.'s second motion for summary judgment in a wage-and-hour putative class action brought by a franchisee's workers, again finding that McDonald's Corp. does not exercise control over the plaintiffs' wages, hours or working conditions (Guadalupe Salazar, et al. v. McDonald's Corp., et al., No. 3:14-cv-02096, N.D. Calif.; 2017 U.S. Dist. LEXIS 34886).



New York Federal Judge Denies Certification Of Papa John's Drivers Class
NEW YORK - In an oral ruling, a New York federal judge on March 29 denied a motion for conditional certification of a nationwide class of Papa John's delivery drivers that would have included drivers at corporate-owned stores and stores operated by franchisees for lack of commonality, according to the court docket (William Durling, et al. v. Papa John's International, Inc., No. 16-3592, S.D. N.Y.).



Texas Roadhouse Agrees To Pay $12 Million To Settle EEOC Age Bias Suit
BOSTON - A Kentucky-based steakhouse chain will pay $12 million to settle an age discrimination lawsuit brought by the Equal Employment Opportunity Commission on behalf of class of applicants who allegedly have been denied positions due to their ages, the EEOC announced March 31 (Equal Employment Opportunity Commission v. Texas Roadhouse, Inc., et al., No. 11-11732, D. Mass.).



San Diego Jury Awards Former Kaiser Worker $492,000 For Wrongful Termination
SAN DIEGO - A San Diego County Superior Court jury on March 16 awarded a former Kaiser Foundation Health Plan Inc. medical assistant $492,000 on claims that she was wrongfully terminated because of her son's medical needs (Maria T. Gonzalez v. Kaiser Foundation Health Plan, Inc., et al., No. 37-2015-00019384-CU-WT-CTL, Calif. Super., San Diego Co.).



Twice Fired Garbage Truck Driver May Proceed With Wrongful Termination Claim
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on April 7 reinstated a wrongful termination claim by a garbage truck driver who was fired twice by the same employer, finding that the employer's proffered reason for the second firing - the employee's failure to provide proof of his legal right to work in the United States - violated California public policy (Gilberto Santillan v. USA Waste of California, Inc., No. 15-55238, 9th Cir., 2017 U.S. App. LEXIS 6027).



NLRB Rules In-N-Out Burger Can't Make Workers Remove Union, Wage-Related Buttons
WASHINGTON, D.C. - In-N-Out Burger Inc. violated the National Labor Relations Act (NLRA) when it prohibited employees from wearing unauthorized buttons or insignia that referenced union activity and wages, the National Labor Relations Board ruled March 21 (In-N-Out Burger, Inc. and Mid-South Organizing Committee, Nos. 16-CA-156147 and 16-CA-163251, NLRB).



1st Circuit Enforces Labor Board's Bargaining Order Against Successor Employer
BOSTON - The National Labor Relations Board did not err when it adhered to the "successor bar doctrine" established in UGL-UNICCO Service Co., 357 N.L.R.B. 801 (2011), and ruled that the company that obtained a portion, including employees, of a bankrupt auto parts delivery company was a successor employer and had to bargain with the workers' union, the First Circuit U.S. Court of Appeals ruled March 31 (National Labor Relations Board v. Lily Transportation Corporation, No. 15-2398, 1st Cir., 2017 U.S. App. LEXIS 5634).



D.C. Circuit: Union Dues Dispute Differs From Precedent Upon Which NLRB Relied
WASHINGTON, D.C. - A split District of Columbia Circuit U.S. Court of Appeals panel on March 21 vacated a decision by the National Labor Relations Board in a dispute over the attempted revocation of auto-paid union dues and remanded for the NLRB to explain how its ruling against the employees can be squared with its precedent and governing law (Kimberly Stewart, et al. v. National Labor Relations Board, No. 15-1102, D.C. Cir., 2017 U.S. App. LEXIS 4977).



8th Circuit: Cargill Inc.'s Refusal To Bargain Violated The Labor Act
ST. LOUIS - An oil manufacturer failed to show that the National Labor Relations Board erred when it determined that the employer violated the National Labor Relations Act (NLRA) by refusing to bargain with the union representing its workers or when it refused to set aside the union election due to a pro-union demonstration outside of the polling room, the Eighth Circuit U.S. Court of Appeals ruled March 24 (Cargill, Inc. v. National Labor Relations Board, Nos. 16-1565 and 16-1930, 8th Cir., 2017 U.S. App. LEXIS 5193).



2nd Circuit Abandons $1.8M Award For Pharmacist Fired For Not Giving Shots
NEW YORK - A New York federal court erred when it denied a pharmacy's motion for judgment as a matter of law on a pharmacist's wrongful termination and retaliation claims and left in place a more than $1.8 million award for the pharmacist, who was fired after citing a needle phobia as the reason he could not give immunizations, a Second Circuit U.S. Court of Appeals panel ruled March 21 (Christopher Stevens v. Rite Aid Corporation, et al., Nos. 15-277, 15-279 and 15-3491, 2nd Cir., 2017 U.S. App. LEXIS 4985).



10th Circuit: Grip Strength Impairment Is Not A Disability
DENVER - A job applicant whose offer of employment was revoked after the employer found that his grip strength impairment was not compatible with the job failed to show that his impairment was a disability, the 10th Circuit U.S. Court of Appeals ruled April 11, affirming a grant of summary judgment in favor of the employer (Equal Employment Opportunity Commission v. BNSF Railway Company, Nos. 15-3259 and 15-3265, 10th Cir., 2017 U.S. App. LEXIS 6204).



6th Circuit: Bipolar Worker Failed To Show Firing After Outburst Was Biased
CINCINNATI - A glass factory worker who suffered from bipolar disorder and was fired after losing his temper at work and screaming at co-workers failed to show that his firing constituted violations of the Americans with Disabilities Act (ADA), a Sixth Circuit U.S. Court of Appeals panel ruled March 14 (Michael Waggoner v. Carlex Glass America, LLC, No. 16-6241, 6th Cir., 2017 U.S. App. LEXIS 4621).



Respondents: FELA Gives State Courts Jurisdiction Over BNSF In Injury Cases
WASHINGTON, D.C. - Two sentences in the Federal Employers' Liability Act (FELA) provide state courts the right to exercise personal jurisdiction over an interstate rail carrier that does business in that state, the parties who brought two personal injury cases against BNSF Railway Co. argue in a respondent brief filed March 29 in the U.S. Supreme Court (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).



Judge Compels Arbitration Of Chef's Injury-Related Claims Against Ship Owner
MIAMI - A Florida federal judge on March 13 compelled arbitration of a sous chef's injury-related claims against the owner of a ship, finding that they directly related to an underlying mandatory arbitration provision in her employment contract but remanded her claims against another vessel owner to a state court for lack of jurisdiction (Linnea Wexler v. Solemates Marine Ltd., et al., No. 16-cv-62704, S.D. Fla., 2017 U.S. Dist. LEXIS 36376).



Class Suit Over Costco Employment Application's FCRA Disclosure Will Proceed
SEATTLE - A Washington federal judge on March 10 denied a motion to dismiss filed by Costco Wholesale Corp. in a class complaint accusing the retailer of violating the Fair Credit Reporting Act (FCRA) by failing to provide a full and correct disclosure when requesting authorization to conduct background checks of job applicants (Julius Terrell v. Costco Wholesale Corp., No. 16-1415, W.D. Wash., 2017 U.S. Dist. LEXIS 34821).



Judge Finds Coke Had No Contractual Duty To Safeguard Employee Information
PHILADELPHIA - Finding that The Coca-Cola Co. (Coke) had neither an express nor implied contractual duty to protect its employees' personally identifiable information (PII), a Pennsylvania federal judge on March 31 granted summary judgment to the beverage company on a putative breach of contract class action related to the theft of laptops containing employee information (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa., 2017 U.S. Dist. LEXIS 49920).



6th Circuit Reverses Summary Judgment For Employer On Worker's Retaliation Claim
CINCINNATI - A public health employee may proceed with her retaliation claim against her employer, the Sixth Circuit U.S. Court of Appeals ruled April 7, finding that the trial court erred when it granted summary judgment for the employer as the employee presented sufficient evidence to support her claims that her primary duties were reassigned in retaliation for filing a complaint against the health commissioner for assaulting her at work (Jennifer Frazier v. Richland Public Health, et al., No. 16-3765, 6th Cir., 2017 U.S. App. LEXIS 6081).



3rd Circuit Partially Reinstates Professor's Contract Revision Claims
PHILADELPHIA - A terminated university professor may proceed with her claim that her contract was revised in retaliation for filing a charge with the Equal Employment Opportunity Commission against the university and the provost who recommended the revision, the Third Circuit U.S. Court of Appeals ruled March 21, finding that a plaintiff asserting a Title VII of the Civil Rights Act of 1964 retaliation claim, at the prima facie stage, needs to proffer only enough evidence to show that her engagement in a protected activity was the likely reason for the adverse action (Millicent Carvalho-Grevious v. Delaware State University, et al., No. 15-3521, 3rd Cir., 2017 U.S. App. LEXIS 4992).



Former Federal Employee: Cases Involving Bias Claims Always Go To District Court
WASHINGTON, D.C. - The appeal of claims brought by a federal employee must always go to the federal district court when discrimination claims are involved, a former federal employee tells the high court in his Feb. 27 petitioner brief (Anthony W. Perry v. Merit Systems Protection Board, No. 16-399, U.S. Sup.).



U.S. Steel Subsidiary Will Pay $150,000 To Settle Hair Follicle Test Dispute
HOUSTON - U.S. Steel Tubular Products Inc. (USSTP) has agreed to pay $150,000 to settle religious bias and retaliation claims after it revoked a job offer when the worker requested an alternate hair follicle drug test due to his religious beliefs, the Equal Employment Opportunity Commission announced April 10 (Equal Employment Opportunity Commission v. U.S. Steel Tubular Products, Inc., No. 14-2747, S.D. Texas).



KASCO Will Pay $110,000 For Firing Muslim Afghan Woman
ST. LOUIS - A St. Louis company that manufactures and sells butcher supplies and meat-processing equipment will pay $110,000 to end a national origin and religious discrimination case, the Equal Employment Opportunity Commission announced March 22 (Equal Employment Opportunity Commission v. KASCO, LLC, No. 16-1333, E.D. Mo.).



EEOC Sues South Carolina Company For Firing Driver Due To His Sabbath Requirement
CHARLESTON, S.C. - The Equal Employment Opportunity Commission filed a complaint on March 20 in the U.S. District Court for the District of South Carolina accusing J.C. Witherspoon Jr. Inc. of firing one of its truck drivers due to his strict observance of the Sabbath (U.S. Equal Employment Opportunity Commission v. J.C. Witherspoon Jr., Inc., No. 17-745, D. S.C.).



Judge: Company's Misappropriation Of Trade Secrets Claims Sufficient
BISMARCK, N.D. - A company provided sufficient evidence to support its misappropriation of trade secrets claims against a former employee, a federal judge in North Dakota ruled March 13 in denying the former employee's motion to dismiss (Aggreko LLC v. Guillermo Barreto, et al., No. 16-353, D. N.D., 2017 U.S. Dist. LEXIS 35573).



Costco Wage Settlement For Truck Drivers Is Rejected By Federal Judge
SAN DIEGO - A California federal judge on Feb. 22 denied preliminary approval of a $2 million settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims and ordered plaintiffs' counsel to show why sanctions should not be imposed after counsel agreed to file an amended complaint that added a Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., claim that was subsequently released in the settlement agreement without any additional compensation to the class (Douglas Thompson, et al. v. Costco Wholesale Corporation, et al., No. 14-2778, S.D. Calif., 2017 U.S. Dist. LEXIS 24964).



D.C. Circuit: FedEx Drivers Are Independent Contractors, Not Employees
WASHINGTON, D.C. - Single-route FedEx Home Delivery drivers in Hartford, Conn., just like drivers in Massachusetts in FedEx Home Delivery v. NLRB (FedEx I) are independent contractors, not employees, a District of Columbia Circuit U.S. Court of Appeals panel ruled March 3, vacating orders by the National Labor Relations Board (FedEx Home Delivery, an operating division of FedEx Ground Package System, Inc. v. National Labor Relations Board, No. 14-1196, D.C. Cir., 2017 U.S. App. LEXIS 3826).



Avon Will Pay $1.8 Million To Settle District Sales Managers' Class Wage Claims
SAN JOSE, Calif. - Under a settlement agreement that was granted final approval by a California federal judge on Feb. 24, Avon Products Inc. will pay $1.8 million to end a class complaint filed by California district sales managers (DSMs) who alleged that they were improperly denied overtime wages (Jacqueline Cavalier Nelson v. Avon Products, Inc., et al., No. 13-2276, N.D. Calif., 2017 U.S. Dist. LEXIS 26451).



Pa. Tilted Kilt Pub Will Pay $300,000 To Settle Tipped Employees' Wage Claims
PHILADELPHIA - A Pennsylvania federal judge on Feb. 24 granted final approval of a $300,000 settlement to be paid by a suburban Philadelphia restaurant to end class claims by its tipped employees who alleged that the pub failed to pay them for all compensable time and required them to purchase employer-mandated uniforms in violation of federal and state wage laws (Victoria Graudins v. KOP Kilt, LLC, d/b/a The Tilted Kilt Pub, et al., No. 14-2589, E.D. Pa., 2017 U.S. Dist. LEXIS 25926).



Calif. Federal Judge: No Pseudonym For Former NFL Cheerleader In Wage Class Suit
SAN FRANCISCO - The rights of the public, the press and the class she is seeking to represent outweigh the privacy interests of the lead plaintiff in a lawsuit accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders, a California federal judge ruled Feb. 22, denying the plaintiff's motion to proceed using a pseudonym (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 24991).



Server's Total Wages Don't Clear Employer In Minimum Pay Dispute, 10th Circuit Says
DENVER - A Colorado federal judge failed to consider, when ruling in favor of the employer in a wage-and-hour complaint, whether the employer was entitled to treat the server's tips as wages for all hours worked, a 10th Circuit U.S. Court of Appeals panel ruled March 7, reversing and remanding (Aarica Romero v. Top-Tier Colorado LLC, et al., No. 16-1057, 10th Cir., 2017 U.S. App. LEXIS 3996).



Arkansas Top Court Upholds Certification Of City Employee Class In Suit Over Raises
LITTLE ROCK, Ark. - The Arkansas Supreme Court on Feb. 16 upheld a circuit court's certification of a class of city workers suing for breach of contract after mandated raises ended (City of Conway, an Arkansas Municipality v. Richard Shumate, Jr., et al., No. CV-16-284, Ark. Sup., 2017 Ark. LEXIS 41).



Judge Halts Multiple Wage Suits By Exotic Dancers Pending $6.5M Settlement
DETROIT - A Michigan federal judge on Feb. 9 granted a joint motion seeking to enjoin numerous pending wage proceedings against nightclub owners in 12 different federal and state courts based on a $6.5 million settlement that was granted preliminary approval two days earlier (Jane Doe 1, et al. v. Deja Vu Services, Inc., et al., No. 16-10877, E.D. Mich., 2017 U.S. Dist. LEXIS 18369).



Court Dismisses Employment Claims Related To Shared Tip-Pooling Policy
SAN DIEGO - After finding that a restaurant chain's shared tip-pooling policy is not unlawful, a California federal judge on Feb. 28 dismissed a former server's claims for violation of California's unfair competition law (UCL) and for penalties under the California's Private Attorneys General Act (PAGA) (Brendan Wilkes v. Benihana Inc., et al., No. 16cv2219, S.D. Calif., 2017 U.S. Dist. LEXIS 29127).



Federal Judge Denies Class Certification For Class Of Truck Drivers
LOS ANGELES - A California federal judge on March 3 denied a former truck driver's request to certify a class of truck drivers in relation to an alleged failure to pay a minimum wage for the hours worked, finding that he failed to meet the federal pleading requirements (Robert Gatdula, et al. v. CRST International Inc., et al., No. 11-1285, C.D. Calif., 2016 U.S. Dist. LEXIS 184720).



Court Finds Nurse Did Not Waive Right To Pursue Claims Judicially
LOS ANGELES - A California appeals court on Feb. 7 affirmed a district court's decision to deny a hospital's motion to compel arbitration of numerous class action claims asserted against it by a former nurse, finding that the nurse did not waive her right to assert her claims in a judicial forum under her collective bargaining agreement (CBA) (Tanya Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 90).



Judge Finds Truck Drivers Cannot Claim Damages Under Safe Harbor Provision
FRESNO, Calif. - A California federal judge on Feb. 15 issued his findings of fact and conclusions of law on causes of action asserted by truck drivers in relation to wage and rest break claims, finding that judgment should be entered in favor of a transport company on all of its claims (Todd Shook, et al. v. Indian River Transport Co., No. 1:14-1415, E.D. Calif., 2017 U.S. Dist. LEXIS 21522).



D.C. Circuit: Labor Board Must Explain New Approach In Union Representation Suit
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on March 7 vacated an order by the National Labor Relations Board (NLRB) in a union representation suit involving airport baggage handlers, ruling that the NLRB departed from precedent without explanation and must either provide an explanation justifying the new test or identify another agency that could (ABM Onsite Services - West, Inc. v. National Labor Relations Board, No. 15-1299, D.C. Cir., 2017 U.S. App. LEXIS 3974).



5th Circuit Upholds Ruling Against Alcoa, TRACO For Disrupting Union Organizing
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 22 enforced a decision by the National Labor Relations Board finding that Alcoa Inc. and its wholly owned subsidiary are a single employer and, as a result, violated the National Labor Relations Act (NLRA) when they disrupted handbilling (Alcoa Incorporated, et al. v. National Labor Relations Board, No. 15-60848, 5th Cir., 2017 U.S. App. LEXIS 3226).



8th Circuit Finds Chipotle's Argument In Union-Related Firing Dispute Is Too Late
ST. LOUIS - An employer's challenge of the National Labor Relations Board's (NLRB) decision to follow the standard approach established in Wright Line, 251 N.L.R.B. 1083, 1089 (1980), in the Eighth Circuit U.S. Court of Appeals is barred after it failed to raise a challenge before the board, an Eighth Circuit panel ruled March 6 (National Labor Relations Board, et al. v. Chipotle Services, LLC, a wholly owned subsidiary of Chipotle Mexican Grill, Inc., No. 15-3925, Chipotle Services, LLC, a wholly owned subsidiary of Chipotle Mexican Grill, Inc. v. National Labor Relations Board, et al., No. 15-3955, 8th Cir., 2017 U.S. App. LEXIS 3918).



U.S. Supreme Court Won't Hear Union Membership Benefits Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by a union representing newspaper deliverers that asked the high court to reverse a ruling that it committed unfair labor practices by entering into collective bargaining agreements (CBAs) with employers that unlawfully encouraged union membership (Newspaper and Mail Deliverers' Union of New York and Vicinity v. National Labor Relations Board, No. 16-279, U.S. Sup., 2017 U.S. LEXIS 1241).



U.S. High Court Won't Review Nursing Home's Right To Change Salaries
WASHINGTON, D.C. - The U.S. Supreme Court on March 6 denied a petition for writ of certiorari filed by a nursing home that was found by the National Labor Relations Board (NLRB) to have violated the National Labor Relations Act when it failed to follow salary guidelines established in a collective bargaining agreement (CBA) after the agreement expired (Regency Heritage Nursing and Rehabilitation Center v. National Labor Relations Board, No. 16-862, U.S. Sup., 2017 U.S. LEXIS 1606).



U.S. Supreme Court Hears Arguments On EEOC Subpoena Review
WASHINGTON, D.C. - A unitary abuse of discretion standard is the appropriate one to use when reviewing the Equal Employment Opportunity Commission's subpoena enforcement decisions, an attorney representing an employer argued before the U.S. Supreme Court on Feb. 21 (McLane Company, Inc. v. Equal Employment Opportunity Commission, No. 15-1248, U.S. Sup.).



10th Circuit Affirms Denial Of Enforcement Of EEOC Subpoena
DENVER - The Equal Employment Opportunity Commission failed to establish a connection between a woman's discrimination complaint against her former employer and its request for information related to its investigation of a suspected companywide pattern or practice of discriminating against pregnant and disabled employees, a 10th Circuit U.S. Court of Appeals panel ruled Feb. 27, finding that a trial court did not abuse its discretion in declining to enforce the EEOC's administrative subpoena on the employer (Equal Employment Opportunity Commission v. TriCore Reference Laboratories, No. 16-2053, 10th Cir., 2017 U.S. App. LEXIS 3481).



U.S. Supreme Court Will Rule On Timeliness Of Age Bias Suit
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 27 granted a petition for writ of certiorari filed by an employee asking the high court to decide a circuit split and rule on whether Federal Rule of Appellate Procedure 4(a)(5)(C), Fed. R. App. P. 4(a)(5)(C), can deprive an appellate court of jurisdiction over a statutorily timely appeal or whether it is subject to equitable considerations such as forfeiture, waiver and the unique-circumstances doctrine (Charmaine Hamer v. Neighborhood Housing Services of Chicago, et al., No. 16-658, U.S. Sup.).



5th Circuit: No Pain And Suffering, Punitive Damages Under The ADEA
NEW ORLEANS - A former nurse supervisor's claims for pain and suffering and punitive damages under the Age Discrimination in Employment Act (ADEA) are barred by Dean v. Am. Sec. Ins. Co., a Fifth Circuit U.S. Court of Appeals panel ruled Feb. 15 (Susan L. Vaughan v. Anderson Regional Medical Center, No. 16-60104, 5th Cir., 2017 U.S. App. LEXIS 2699).



8th Circuit: Employee Fired After 6 Months Failed To Show Age Was The Reason
MINNEAPOLIS - A nontraditional student who was hired by the company where he interned shortly after graduating but was fired six months later failed to show that he was discriminated against due to his age, an Eighth Circuit U.S. Court of Appeals panel ruled March 1 (Thomas Nash v. Optomec, Inc., No. 16-2186, 8th Cir., 2017 U.S. App. LEXIS 3684).



Alabama Federal Judge Dismisses McDonald's USA From Age Discrimination Suit
MONTGOMERY, Ala. - An Alabama federal judge on Feb. 7 granted McDonald's USA LLC's motion to dismiss it from an age and race discrimination suit filed over the alleged actions of one of its franchisees because she failed to allege any facts showing that it controlled any aspect of the franchisee's relationship with its employees (Betty Beckley v. McDonald's USA LLC, et al., No. 2:16-cv-00054, M.D. Ala., Northern Div., 2017 U.S. Dist. LEXIS 16877).



8th Circuit: Intentional Retaliation Necessary In Federal Railroad Safety Act Suit
ST. LOUIS - A district court erred when it told a jury hearing a railway employee's suit that the employee did not need to establish intentional retaliation to prevail on his claim that his employer disciplined him in violation of the employee-protections provision of the Federal Railroad Safety Act (FRSA), an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 27 (Edward Blackorby v. BNSF Railway Company, No. 15-3192, 8th Cir., 2017 U.S. App. LEXIS 3462).



Former University Counsel Awarded $2.5M In Retaliation Suit
RIVERSIDE, Calif. - A Riverside County, Calif., Superior Court jury on Feb. 7 issued a verdict in favor of the former University of California Riverside's chief campus counsel, who alleged that she was retaliated against after refusing to cover up the school's discriminatory culture and awarded her $2.5 million for past and future lost earnings and past noneconomic damages (Michele Coyle v. Regents of the University of California, et al., No. RIC1503362, Calif Super., Riverside Co.).



D.C. Circuit: Cook Fired After 13 Policy Violations Failed To Show Pretext
WASHINGTON, D.C. - A hotel cook who received various warnings about unsatisfactory job performance and violated his employer's policies on at least 13 separate occasions failed to show that his firing was actually carried out in retaliation for age, race and disability discrimination complaints he filed with the Equal Employment Opportunity Commission, a District of Columbia Circuit U.S. Court of Appeals panel majority ruled March 3 (Robert Lee Johnson v. Interstate Management Company, LLC, doing business as Hamilton Crowne Plaza Hotel, No. 14-7164, D.C. Cir., 2017 U.S. App. LEXIS 3828).



Ex-Bio-Rad VP Awarded $7.86M For Retaliation Over Bribery Allegations
SAN FRANCISCO - A California federal jury on Feb. 6 found that Bio-Rad Laboratories Inc. and five executives retaliated against a former executive vice president for reporting foreign bribery and awarded him $7.96 million in compensatory and punitive damages (Sanford S. Waldner v. Bio-Rad Laboratories, Inc., et al., No. 15-2356, N.D. Calif.).



4th Circuit Upholds Denial Of Forced Labor Claims By Kenyan Domestic Help
RICHMOND, Va. - A woman from Kenya who worked in Virginia for a family from Saudi Arabia and alleges that she was denied the full wages and forced to work more hours than the wages and hours that were stated in her employment contract failed to show that her situation constituted forced labor as defined by the Trafficking Victims Protection Act of 2000 (TVPA), a Fourth Circuit U.S. Court of Appeals panel ruled March 2 (Winfred Muchira v. Halah Al-Rawaf, et al., No. 15-2198, 4th Cir., 2017 U.S. App. LEXIS 3782).



BNSF To High Court: State Courts Lack Jurisdiction Over BNSF In Injury Cases
WASHINGTON, D.C. - The due process clause bars Montana state courts from exhibiting personal jurisdiction over BNSF Railway Co. in two personal injury cases, BNSF tells the U.S. Supreme Court in its Feb. 27 petitioner brief (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).



Discipline Of BNSF Worker Injured On The Job Is Upheld By 8th Circuit
ST. LOUIS - BNSF Railway Co. did not violate the employee-protections provision of the Federal Railroad Safety Act (FRSA) when it disciplined an injured worker after determining that his own errors caused the injury, an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 27 (Kelly Heim v. BNSF Railway Company, No. 15-3532, 8th Cir., 2017 U.S. App. LEXIS 3460).



Texas Company To Settle Bias Claims After It Refused To Hire Deaf Applicants
DALLAS - A Fort Worth, Texas, cellphone repair company will pay $110,000 to settle claims that it engaged in discriminatory hiring practices when it refused to hire two hearing-impaired applicants due to their disability, the Equal Employment Opportunity Commission announced Feb. 23 (Equal Employment Opportunity Commission v. S&B Industry, Inc., No. 15-641, N.D. Texas).



7th Circuit Upholds Economic Specialist's Termination After Numerous Leave Requests
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 27 upheld the firing of a Wisconsin Department of Health Services employee following multiple absences, some to care for her own health and some to care for a family member, finding that the employee failed to show that she was an "otherwise qualified" employee, as required by the Rehabilitation Act (Joyce Whitaker v. Wisconsin Department of Health Services, No. 16-1807, 7th Cir., 2017 U.S. App. LEXIS 3446).



Former Ralphs Grocery Worker Wins $800,000 On Defamation Claim
LOS ANGELES - A former grocery store receiver who was fired after 27 years of employment after he was accused of stealing lemonade was awarded more than $800,000 for his defamation claim by a California jury on Feb. 6 (Troy Williams v. Ralphs Grocery Company, No. BC495977, Calif. Super., Los Angeles Co.).



Split 8th Circuit Panel: Former Arkansas Employee May Pursue Retaliation Claim
ST. LOUIS - A former Arkansas state employee who claims that she was fired in retaliation for filing a discrimination charge and because of her race may proceed with her retaliation claim because she states a plausible claim for relief, a split Eighth Circuit U.S. Court of Appeals panel ruled March 1 (LaKeysia Wilson v. Arkansas Department of Human Services, No. 16-1174, 8th Cir., 2017 U.S. App. LEXIS 3683).



U.S. Supreme Court Accepts, Consolidates 3 Class Action Waiver Suits
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 granted petitions for writ of certiorari filed in three cases challenging the barring of class or collection action waivers in employment agreements, consolidated the three cases and granted a total of one hour for oral arguments (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.).



Indiana Appeals Panel: Confidentiality Agreements Bound Angie's List Employees
INDIANAPOLIS - An Indiana Court of Appeals panel on Dec. 29 found that three former Angie's List Inc. employees should have been enjoined from sharing company documents per confidentiality agreements each had signed, reversing in part a trial court's finding that there were no protectable trade secrets at issue (Angie's List Inc. v. Rick Myers, et al., No. 29A02-1605-PL-1061, Ind. App.; 2016 Ind. App. Unpub. LEXIS 1493).



3rd Circuit: Employer's Belief Of FMLA Leave Abuse Can Defeat Retaliation Claim
PHILADELPHIA - A Family and Medical Leave Act (FMLA) retaliation claim can be defeated where an employer shows that it honestly believed that an employee misused FMLA leave, a Third Circuit U.S. Court of Appeals panel ruled Jan. 30 (Fredrick Capps v. Mondelez Global, LLC, No. 15-3839, 3rd Cir., 2017 U.S. App. LEXIS 1593).



Split 9th Circuit: RLA Preempts Washington State Law In Leave Dispute
SEATTLE - The Railway Labor Act (RLA) preempts a flight attendant's claim that she was unlawfully denied the right to use already allotted vacation leave earlier than planned to care for a sick family member in violation of the Washington Family Care Act (WFCA), a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 25, finding that the dispute is a "minor" one under the RLA and a grievance must be filed pursuant to the controlling collective bargaining agreement (CBA) (Alaska Airlines Inc. v. Judy Schurke, et al., No. 13-35574, 9th Cir.; 2017 U.S. App. LEXIS 1318).



10th Circuit Upholds Flight Attendant's Firing For Calling Out Hours Before Flight
DENVER - A flight attendant who was fired after calling out less than five hours before a flight that she was assigned to while on call because her mother was sick failed to show that the airline violated the Family and Medical Leave Act (FMLA), the 10th Circuit U.S. Court of Appeals ruled Feb. 3, upholding a trial court's ruling (Georjane Branham v. Delta Airlines, et al., No. 16-4092, 10th Cir., 2017 U.S. App. LEXIS 1965).



Washington Panel Rules In Favor Of Workers In Family Care Dispute
SEATTLE - Washington labor officials erred in ruling that the state's Family Care Act (FCA) applies to an employer's disability plan only if the plan is the only way an employee can receive paid leave for illness, a state appeals court held Jan. 30 in reversing and remanding a dispute over two workers' entitlement to disability plan benefits to care for sick family members (Rachelle Honeycutt, et al. v. The Department of Labor & Industries, et al., No. 74338-4-I, Wash. App., Div. 1, 2017 Wash. App. LEXIS 210).



U.S. High Court Will Decide Where Review Of MSPB Mixed Case Should Occur
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 agreed to hear an appeal in which it has been asked to decide whether an appeal of a decision by the Merit Systems Protection Board (MSPB) issued in a "mixed" case - one involving a claim under the federal anti-discrimination laws - should be reviewed in a district court or in the Federal Circuit U.S. Court of Appeals (Anthony W. Perry v. Merit Systems Protection Board, No. 16-399, U.S. Sup.).



7th Circuit Orders Reconsideration Of Bargaining Expenses
CHICAGO - After finding that the National Labor Relations Board erred when it ruled that a university failed to engage in effects bargaining with its part-time faculty bargaining representative, a Seventh Circuit U.S. Court of Appeals panel ruled that the NLRB must reconsider whether an award of bargaining expenses is still appropriate (Columbia College Chicago v. National Labor Relations Board, Nos. 16-2080 and 16-2026, 7th Cir.; 2017 U.S. App. LEXIS 1902).



NLRB Regional Director Orders Election For Duke Ph.D. Student Unit
ATLANTA - All Ph.D. students at Duke University who are employed by the university to provide instructional services or research services, except for those students at Duke Kushan University and Duke-NUS Medical School, are employees within the meaning of Section 2(3) of the National Labor Relations Act (NLRA) and may vote on union representation, a National Labor Relations Board regional director ruled Jan. 18 (Duke University and Service Employees International Union CLC/CTW, No. 10-RC-187957, NLRB, Region 10).



1st Circuit: NLRB Erred Rejecting Hiring Policy Affecting Union Workers
BOSTON - The National Labor Relations Board erred when it found that an employer's hiring policy for nonunion positions was discriminatory against union workers, a First Circuit U.S. Court of Appeals panel ruled Jan. 20 (Southcoast Hospitals Group, Inc. v. National Labor Relations Board, Nos. 15-2146 and 15-2258, 1st Cir., 2017 U.S. App. LEXIS 1208).



D.C. Circuit Refuses To Enforce NLRB's Employer- Wide Bargaining Unit
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on Feb. 3 refused to enforce a decision by the National Labor Relations Board to include workers performing a wide range of services all for a single employer in a single bargaining unit, finding that the NLRB failed to consider evidence that appeared to show that they were lacking a "community of interest" (National Labor Relations Board v. Tito Contractors, Inc., No. 15-1217, D.C. Cir., 2017 U.S. App. LEXIS 1931).



5th Circuit: Outsourcing Of Hotel Cleaning Staff Violated The NLRA
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 27 enforced an order by the National Labor Relations Board (NLRB) that found that a hotel management company violated the National Labor Relations Act (NLRA) when it outsourced the housekeeping shortly after there was talk of unionization (Remington Lodging & Hospitality, L.L.C. v. National Labor Relations Board, No. 16-60106, 5th Cir., 2017 U.S. App. LEXIS 1545).



2nd Circuit: Settlement Offer Shouldn't Have Been Admitted In Disability Bias Suit
NEW YORK - A trial court erred when it permitted the admission of an employer's settlement offer and disqualified counsel on both sides in a disability bias suit brought by a pregnant employee, a Second Circuit U.S. Court of Appeals panel ruled Feb. 2 (Jia Sheng v. M&TBank Corporation, et al., No. 14-4467, 2nd Cir., 2017 U.S. App. LEXIS 1912).



3rd Circuit: Denial Of 1st Class Airline Ticket Doesn't Constitute Bias
PHILADELPHIA - A former U.S. Army employee was not subjected to disability discrimination when his request for first-class air accommodations when traveling for work was denied and he was booked on a sleeper car train, a Third Circuit U.S. Court of Appeals panel ruled Jan. 27 (Saman Khoury v. Secretary United States Army, No. 16-1393, 3rd Cir., 2017 U.S. App. LEXIS 1500).



6th Circuit: No Disability Bias Where Employee Simply Can't Perform Job
CINCINNATI - A customer service representative (CSR) who suffered from depression and anxiety attacks was unable to show that her termination, after extended absences, constituted disability discrimination, a Sixth Circuit U.S. Court of Appeals panel ruled Jan. 27 (Kirsten Williams v. AT&T Mobility Services LLC, No. 16-6078, 6th Cir., 2017 U.S. App. LEXIS 1503).



7th Circuit Won't Rule On Merits Of Biometric Testing Dispute
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Jan. 25 affirmed a trial court's dismissal of a lawsuit filed by the Equal Employment Opportunity Commission over an employer requiring a completed medical questionnaire and biometric testing for health insurance, finding that the relief sought was unavailable or moot (Equal Employment Opportunity Commission v. Flambeau, Inc., No. 16-1402, 7th Cir., 2017 U.S. App. LEXIS 1289).



Termination Of Diabetic Call Center Rep For Hanging Up On Calls Is Upheld
DENVER - A call center customer service representative who was fired for hanging up on customers, incidents she claims she doesn't remember due to suffering from low blood sugar, failed to show that her termination was pretext for discrimination (Janna DeWitt v. Southwestern Bell Telephone Company, No. 14-3192, 10th Cir., 2017 U.S. App. LEXIS 843).



5th Circuit: Worker On Leave Failed To Show She Met Requirements To Return
NEW ORLEANS - A cash management company employee who was not permitted to return to work after a medical leave failed to show that her employer considered her disabled or that she provided all the required information that would have allowed her to return to her former position, a Fifth Circuit U.S. Court of Appeals panel ruled Jan. 18, upholding a jury's verdict in favor of the employer (Liza C. Ariza v. Loomis Armored US, LLC, No. 16-30131, 5th Cir.; 2017 U.S. App. LEXIS 856).



Federal Judge Bars Partial Testimony In Disability Discrimination Lawsuit
DALLAS - In a disability discrimination suit, a Texas federal judge on Jan. 24 excluded an expert's opinion that "audism and phonocentric views may have prevented accommodations" from being made to two women (Equal Employment Opportunity Commission v. S&B Industry Inc. d/b/a Fox Conn S&B, No. 15-0641, N.D. Texas; 2017 U.S. Dist. LEXIS 9259).



Wal-Mart Drivers Granted UCL Restitution In Minimum Wage Class Suit
SAN FRANCISCO - A California federal judge on Jan. 25 granted in part a post-trial motion filed by a class of Wal-Mart Stores Inc. drivers who successfully brought minimum wage claims against their employer and awarded the plaintiffs nearly $5.9 million in restitution under California's unfair competition law (UCL) (Charles Ridgeway, et al. v. Wal-Mart Stores Inc., No. 08-5221, N.D. Calif., 2016 U.S. Dist. LEXIS 10510).



9th Circuit Upholds Class Decertification In Costco Worker Wage Suit
PASADENA, Calif. - A California federal court did not err in decertifying a class of Costco Wholesale Corp. workers alleging various wage violations after finding that individualized issues predominate over common ones, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 20 (Eric Stiller, et al. v. Costco Wholesale Corporation, Nos. 15-55361 and 15-55691, 9th Cir.; 2017 U.S. App. LEXIS 1062).