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Unanimous High Court Rules That Age Bias Appeal Was Timely
WASHINGTON, D.C. - A unanimous U.S. Supreme Court ruled on Nov. 8 that a Seventh Circuit U.S. Court of Appeals panel erred when it treated Federal Rule of Appellate Procedure 4(a)(5)(C)'s limitation on time extensions for filing notices of appeal as jurisdictional and reinstated the employment discrimination suit brought by Charmaine Hamer (Charmaine Hamer v. Neighborhood Housing Services of Chicago, et al., No. 16-658, U.S. Sup.).



Political Subdivision Asks High Court To Decide If ADEA's 20-Worker Minimum Applies
WASHINGTON, D.C. - An Arizona political subdivision petitioned the U.S. Supreme Court on Oct. 18, asking the justices to decide whether the Age Discrimination in Employment Act's (ADEA) 20-employee minimum applies to political subdivisions as it does to private employers (Mount Lemmon Fire District v. John Guido, et al., No. 17-587, U.S. Sup.).



10th Circuit Affirms Ruling For Hunter Douglas In Age Bias, Retaliation Suit
DENVER - A former Hunter Douglas Window Fashions Inc. employee who claimed that his age and an injury he sustained at work caused his termination failed to present sufficient evidence of his claims, a 10th Circuit U.S. Court of Appeals panel ruled Nov. 3, affirming a trial court's dismissal of the bias and retaliation claims (Alfred Larry Johnston v. Hunter Douglas Window Fashions, Inc., et al., No. 17-1099, 10th Cir., 2017 U.S. App. LEXIS 21892).



U.S. High Court Hears Arguments On Tolling After Federal Claims Are Dismissed
WASHINGTON, D.C. - The U.S. Supreme Court should find that tolling after federal claims have been dismissed and before state claims are pursued means "suspended," Adam G. Unikowsky of Jenner & Block in Washington argued Nov. 1 on behalf of a fired temporary worker who filed a state complaint 59 days after a federal court dismissed her federal claim and declined to exercise supplemental jurisdiction (Stephanie C. Artis v. District of Columbia, No. 16-460, U.S. Sup.).



9th Circuit: FedEx Must Pay Bonus Pilot Would Have Earned Without Military Service
PASADENA, Calif. - A Federal Express Corp. (FedEx) pilot, who served in the reserves, is owed the signing bonus he would have earned in a new position had his training not been delayed due to being called up for active duty, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 2, affirming a trial court judge's ruling (Dale Huhmann v. Federal Express Corporation, No. 15-56744, 9th Cir., 2017 U.S. App. LEXIS 21955).



VIUSA Will Pay $21.6M To Settle NLRB Suit For Not Recognizing Teamsters
WASHINGTON, D.C. - The National Labor Relations Board regional director for Region 9 announced Oct. 30 that VIUSA Inc., formerly Voith Industrial Services Inc., will pay $21.6 million to end claims by the NLRB and Teamsters Local 89 that the employer committed multiple violations, including refusing to recognize the Teamsters as the employees' representative (VIUSA Inc. [F/K/A Voith Industrial Services Inc.], No. 09-CA-075496, NLRB).



7th Circuit Affirms No Class Certification In Union Fair-Share Fee Suit
CHICAGO - Too many individualized issues predominate in a suit over public employees who were forced to pay fees to a union, even if they were not members, a Seventh Circuit U.S. Court of Appeals panel ruled Oct. 11, upholding a trial court's ruling in a case on remand from the U.S. Supreme Court (Theresa Riffey, et al. v. Bruce V. Rauner, et al., No. 16-3487, 7th Cir., 2017 U.S. App. LEXIS 19868).



Split 5th Circuit Vacates Preliminary Injunction In NFL Player's Suspension
NEW ORLEANS - A divided Fifth Circuit U.S. Court of Appeals panel on Oct. 12 vacated a preliminary injunction granted by a trial court in a lawsuit over the suspension of a National Football League (NFL) player accused of domestic violence and ordered that the lawsuit, brought by the National Football League Players Association (NFLPA), be dismissed because it was filed too soon (National Football League Players Association v. National Football League, et al., No. 17-40936, 5th Cir., 2017 U.S. App. LEXIS 20052).



1st Circuit Enforces NLRB's Finding That Hospital's Subcontracting Violated NLRA
BOSTON - A Puerto Rico hospital's decision to fired its respiratory therapy technicians and replace them with subcontractors after rejecting an alternative cost-saving measure proposed by the technicians' union violated the National Labor Relations Act (NLRA), a First Circuit U.S. Court of Appeals panel ruled Oct. 16 (Quality Health Services of P.R., Inc. v. National Labor Relations Board, Nos. 16-1556 and 16-1845, 1st Cir., 2017 U.S. App. LEXIS 20138).



6th Circuit: Despite A Contract, Union Has No Right To Jobs
CINCINNATI - A union representing construction equipment operators that had contracts with various construction companies had no right to stage strikes when the jobs were primarily given to members of another union with a similar contract, the Sixth Circuit U.S. Court of Appeals ruled Oct. 31, finding that the striking union had no claim to the jobs (International Union of Operating Engineers, Local 18 v. National Labor Relations Board, et al., Nos. 16-1800/1969, 6th Cir., 2017 U.S. App. LEXIS 21857).



3rd Circuit Finds Breaks Of 20 Minutes Or Less Must Be Paid By Employer
PHILADELPHIA - Under the Fair Labor Standards Act (FLSA), employers must pay employees for all rest breaks lasting 20 minutes or less, a Third Circuit U.S. Court of Appeals panel ruled Oct. 13 (Secretary United States Department of Labor v. American Future Systems, Inc., et al., No. 16-2685, 3rd Cir., 2017 U.S. App. LEXIS 19991).



6th Circuit Reinstates Collective Suit Over Hhgregg's Commission-Only Pay
CINCINNATI - A split Sixth Circuit U.S. Court of Appeals panel on Oct. 12 reversed a trial court's dismissal of a collective action accusing hhgregg Inc. and Gregg Appliances Inc., owner and operator of more than 220 appliance and electronic stores across the country, of violating federal and state wage laws in part by advancing commission-only employees a "draw" when their commissions fall below minimum wage and then requiring it to be paid back upon termination (Robert Stein, et al. v. hhgregg Inc., et al., No. 16-3364, 6th Cir., 2017 U.S. App. LEXIS 19908).



3rd Circuit Rules Mary Kay Consultant Class Must File Wage Claims In Texas
PHILADELPHIA - A Third Circuit U.S. Court of Appeals on Oct. 19 ruled that Texas law stipulates that a class complaint accusing Mary Kay Inc. of misclassifying its consultants belongs in Texas state court, not New Jersey federal court, pursuant to the forum selection clauses in agreements between the company and its consultants (Ina M. Collins, et al. v. Mary Kay, Inc., et al., No. 16-3178, 3rd Cir., 2017 U.S. App. LEXIS 20465).



Employee Will Appeal Judgment For Converse In Suit Over Pay For Bag Checks
SAN JOSE, Calif. - On Oct. 13, just two days after a California federal magistrate judge granted summary judgment to Converse Inc. in a class complaint over no pay for time spent waiting for and going through bag checks, the lead plaintiff filed a notice of appeal (Eric Chavez v. Converse, Inc., No. 15-3746, N.D. Calif., 2017 U.S. Dist. LEXIS 169167).



Federal Judge Conditionally Certifies Coffeehouse Workers Seeking Unpaid Overtime
NEW ORLEANS - A class proposed by a former coffeehouse worker who claims that she and other workers were paid cash for overtime hours rather than time and a half was granted conditional certification by a Louisiana federal judge on Oct. 6 following the employer's failure to respond to the plaintiff's motion (Hernandez v. Morning Call Coffee Stand, Inc., No. 17-2613, E.D. La., 2017 U.S. Dist. LEXIS 166018).



California Federal Judge Keeps Rest Break Class Suit In Federal Court
SACRAMENTO, Calif. - A class complaint accusing an ambulance service company of rest break violations belongs in federal court because the employer has shown that the claims are preempted and that federal question jurisdiction exists, a California federal judge ruled Oct. 12 (Meghan Silva, et al. v. Medic Ambulance Service, Inc., No. 17-876, E.D. Calif., 2017 U.S. Dist. LEXIS 169128).



School Bus Company Keeps Waiting Time Wage Suit In Federal Court
OAKLAND, Calif. - A California federal magistrate judge on Oct. 6 denied a school bus driver's motion to remand his waiting time wages class complaint, finding that his employer sufficiently showed that just one of the claims is worth well above the Class Action Fairness Act's (CAFA's) $5 million threshold (Bhanu Vikram v. First Student Management, LLC, No. 17-4656, N.D. Calif., 2017 U.S. Dist. LEXIS 166396).



California Federal Judge: Class Claims For Overtime, Missed Breaks Exceed $5M
LOS ANGELES - A California federal judge on Oct. 26 denied a request by the lead named plaintiff in a wage-and-hour class complaint to send the case back to state court, opining that the employer successfully showed that the overtime wages claim combined with the claims of missed meal and rest periods exceed the Class Action Fairness Act's (CAFA) $5 million threshold (Tinamarie Fatiah Al-Najjar v. Kindred Healthcare Operating, Inc., et al., No. 17-6166, C.D. Calif., 2017 U.S. Dist. LEXIS 178462).



Maryland Federal Judge Finds Exotic Dancers Employees Under FLSA
BALTIMORE - A Maryland federal judge on Oct. 27 issued an opinion addressing five motions and held, in part, that a class of exotic dancers suing for wage violations were employees under the Fair Labor Standards Act (FLSA) but had not yet proven a violation of the federal law (Maurlanna Braxton, et al. v. Eldorado Lounge, Inc., et al., No. ELH-15-3661, D. Md., 2017 U.S. Dist. LEXIS 178517).



California Judge Keeps T-Mobile Tech's On-Call Wages Suit In Federal Court
OAKLAND, Calif. - Even conservative estimates put the amount in controversy in a wage-and-hour class complaint filed by a mobile phone company technician above the Class Action Fairness Act's (CAFA) $5 million threshold, a California federal judge ruled Nov. 2, denying the technician's motion to remand (Jesse Black v. T-Mobile USA, Inc., No. 17-4151, N.D. Calif., 2017 U.S. Dist. LEXIS 182109).



TGI Friday's Granted Summary Judgment In Tip Credit, Tip Pool Class Suit
PHILADELPHIA - A Pennsylvania federal judge on Nov. 2 granted a summary judgment motion filed by TGI Friday's Inc. in a class complaint brought by a former server who worked in two different locations and alleged that the restaurant improperly took a tip credit from servers without notification and, in a New Hampshire location, forced servers to participate in a tip pool (Adam Calabrese, et al. v. TGI Friday's Inc., et al., No. 16-868, E.D. Pa., 2017 U.S. Dist. LEXIS 181598).



California Federal Judge Denies Remand In Cell Phone Use Reimbursement Class Suit
OAKLAND, Calif. - A California federal judge, in a case three times removed and twice remanded, ruled Oct. 19 to keep in federal court the class complaint accusing an employer of requiring employees to use their personal cell phones without reimbursement (Marley Castro, et al. v. ABM Industries, Inc., et al., No. 17-3026, N.D. Calif., 2017 U.S. Dist. LEXIS 173502).



Department Of Labor Files Notice Of Appeal After Overtime Pay Rule Struck Down
SHERMAN, Texas - The U.S. Department of Labor (DOL) filed a notice of appeal on Oct. 30 in the U.S. District Court for the Eastern District of Texas, two months after a district court judge ruled that a 2016 overtime rule for executive, administrative and professional employees (EAP) was unlawful (State of Nevada, et al. v. United States Department of Labor, et al., No. 16-731, E.D. Texas).



Preliminary Approval Of UNC Settlement Granted In Wage Suppression Class Suit
DURHAM, N.C. - A North Carolina federal judge set the final hearing for approval of a partial settlement by the University of North Carolina (UNC) of antitrust class claims against UNC and Duke University for Jan. 4, 2018 (Danielle Seaman, et al. v. Duke University, et al., No. 15-462, M.D. N.C.).



Fast Food Workers Ask 9th Circuit To Find McDonald's, Franchisees Joint Employers
SAN FRANCISCO - A district court erred when it ruled that no reasonable juror could find that McDonald's Corp. and McDonald's U.S.A. LLC, along with franchisees, are joint employers of fast food crew members under California's wage-and-hour law, a class of workers argue in their appellant brief filed Oct. 2 in the Ninth Circuit U.S. Court of Appeals (Guadalupe Salazar, et al. v. McDonald's Corp., et al., No. 17-15673, 9th Cir.).



Massachusetts Justice: 3-Tier Franchise Structure Doesn't Eliminate Liability
WOBURN, Mass. - A cleaning company's three-tier franchise structure "is effectively an attempt to accomplish an end run around the Independent Contractor Statutes" and doesn't clear the company of liability for wage violations brought by individual cleaners, a Massachusetts justice ruled Oct. 2 (Luis Thomaz Da Costa, et al. v. Vanguard Cleaning Systems, Inc., No. MICV2015-04743, Mass. Super., Middlesex Co., 2017 Mass. Super. LEXIS 158).



LuLaRoe Consultants Seek $1B For RICO, UCL Class Claims
RIVERSIDE, Calif. - Three women who signed on to be consultants with LuLaRoe LLC and sell the company's leggings and other clothing products claim that they unknowingly were recruited into a pyramid scheme and filed a class complaint on Oct. 23 in a California federal court seeking $1 billion on multiple claims, including violations of the Racketeer Influenced and Corrupt Organizations Act and California's unfair competition law (Aki Berry, et al. v. LuLaRoe, LLC, et al., No. 17-2176, C.D. Calif.).



Harvey Weinstein Sues The Company He Founded For Emails, Files For His Defense
GEORGETOWN, Del. - Harvey Weinstein, a film producer who was fired in October by the company he co-chaired with his brother following dozens of allegations of sexual harassment, sexual assault and rape, filed a complaint on Oct. 26 against The Weinstein Company Holdings LLC (TWC) in the Delaware Chancery Court seeking access to emails and employment files that he claims will assist in his defense (Harvey Weinstein v. The Weinstein Company Holdings, LLC, No. 2017-0765, Del. Chanc.).



Applicant's Suit Against Starbucks For FCRA Violations Survives Dismissal Motion
SEATTLE - A class complaint accusing a coffee chain of violating the Fair Credit Reporting Act (FCRA) by revoking employment offers made to job applicants with negative results on their background checks before providing applicants with a copy of the checks and a description of their rights may proceed after a Washington federal judge on Oct. 25 denied the defendant's motion to dismiss (Jonathan Santiago Rosario v. Starbucks Corporation, No. 16-1951, W.D. Wash., 2017 U.S. Dist. LEXIS 177159).



Dollar General Seeks Documents, Clarification In EEOC Suit Over Background Checks
CHICAGO - The operator of the Dollar General retail chain on Nov. 2 asked an Illinois federal court to compel the Equal Employment Opportunity Commission to respond to discovery requests in which the retailer seeks clarification about the commission's claims of disparate treatment related to employee background checks, as well as to remedial measures it should take (Equal Employment Opportunity Commission v. Dolgencorp LLC, No. 1:13-cv-04307, N.D. Ill.).



U.S. High Court Declines To Decide Family and Medical Leave Causation Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 16 denied a petition for writ of certiorari filed by an employee asking the high court to decide the type of motive and causation necessary in cases brought under the Family and Medical Leave Act (FMLA) (Richard Duane Bartels v. 402 East Broughton Street, Inc., No. 17-208, U.S. Sup.).



New Jersey Panel Orders Review Of Personnel Records In Discrimination Suit
TRENTON, N.J. - New Jersey Transit Corp. (NJT) should have the opportunity to establish the confidential nature of personnel files sought via discovery in an employee's discrimination lawsuit, a New Jersey appeals panel ruled Oct. 30, reversing an order compelling production and directing a trial court to conduct appropriate in camera review of the disputed documents (Mildalia Madlinger v. New Jersey Transit Corp., No. A-2310-16T2, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 2726).



U.S. High Court Declines To Weigh In On PAGA Claims And Arbitration Agreements
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 16 denied a petition for writ of certiorari filed by a department store seeking to challenge the enforcement of Iskanian v. CLS Transportation Los Angeles, LLC, 327 P.3d 129 (Cal. 2014), and Sakkab v. Luxottica Retail N. Am., Inc., 803 F.3d 425 (9th Cir. 2015), in which has been determined that pre-dispute agreements to arbitrate Private Attorneys General Act (PAGA) claims on an individual basis are unenforceable (Bloomingdale's, Inc. v. Bernadette Tanguilig, No. 16-1503, U.S. Sup.).



California Orchid Grower Will Pay $110,000 To Settle EEOC Pregnancy Bias Claims
FRESNO, Calif. - Dash Dream Plant Inc., a Merced County, Calif., orchid grower, will pay $110,000 to settle claims that it threatened employees that they would be fired if they got pregnant, the Equal Employment Opportunity Commission announced Oct. 16 (U.S. Equal Employment Opportunity Commission v. Dash Dream Plant, Inc., et al., No. 16-1395, E.D. Calif., 2017 U.S. Dist. LEXIS 169984).



Consolidated Edison Will Pay $800,000 To Settle Disability Bias Suit
NEW YORK - Consolidated Edison Company of New York Inc. (Con Edison) has agreed to pay $800,000 and provide other relief to settle a lawsuit accusing the employer's doctors of refusing to medically approve qualified candidates to commence their employment due to their disabilities, the Equal Employment Opportunity Commission announced Nov. 8 (U.S. Equal Employment Opportunity Commission v. Consolidated Edison Company of New York, Inc., No. 17-7390, S.D. N.Y.).



U.S. High Court Denies Needle-Phobic Pharmacist's Appeal Of Disability Bias Suit
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 16 refused to hear an appeal filed by a pharmacist whose more than $1.8 million award on his wrongful termination and retaliation claims brought when he was fired after citing a needle phobia as the reason he could not give immunizations was reversed by the Second Circuit U.S. Court of Appeals (Christopher Stevens v. Rite Aid Corporation, No. 17-227, U.S. Sup.).



Fired Temp Teachers Permitted To Proceed With Speech, Contract Breach Claims
DENVER - A 10th Circuit U.S. Court of Appeals panel on Nov. 6 partially reinstated claims by three terminated temporary teachers, opining that they may proceed with a contract breach claim related to a collective bargaining agreement's (CBA) evaluation provision and a claim that one of the teachers was retaliated against due to her speech regarding a bond issue (Kena Utter, et al. v. Amie Rose Colclazier, et al., No. 17-7002, 10th Cir., 2017 U.S. App. LEXIS 22116).



5th Circuit: Bias, Other Claims Barred By Time Limitations, Failure To Exhaust
NEW ORLEANS - An employee who had complained to the Equal Employment Opportunity Commission of various forms of bias prior to his termination failed to successfully bring those same claims after his termination against his former employer in federal court along with claims of retaliation as his claims were either time barred or the employee failed to exhaust his administrative remedies, the Fifth Circuit U.S. Court of Appeals ruled Nov. 3 (John A. Teamah v. Applied Materials, Incorporated, No. 17-50364, 5th Cir., 2017 U.S. App. LEXIS 22012).



Ruling For Employer In Bias Suit By Worker Who Didn't Attend Training Is Upheld
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Oct. 26 affirmed a summary judgment ruling for an employer in a race bias and retaliation suit, opining that the employee's appeal was "wholly without merit" (Jamie McKnight v. Aimbridge Employee Service Corporation, No. 16-3776, 3rd Cir., 2017 U.S. App. LEXIS 21209).



5th Circuit: Failure To Name Title VII In Original Petition Renders Claim Untimely
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Oct. 27 affirmed a district court's ruling that a former American Airlines Inc. employee's discrimination charge was untimely because she did not identify it as a cause of action under Title VII of the Civil Rights Act of 1964 until she amended her petition more than 90 days after receiving her right-to-sue notice from the Equal Employment Opportunity Commission (Detra Barrett v. American Airlines, Incorporated, No. 17-10649, 5th Cir., 2017 U.S. App. LEXIS 21336).



6th Circuit Grants 1 Appeal, Denies 1 Appeal In ERISA Misclassification Suit
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Oct. 26 issued a pair of orders in two separate appeals stemming from the same underlying Employee Retirement Income Security Act misclassification case and granted the petition appealing the opinion holding that the plaintiff insurance agents were employees and not independent contractors and denied the petition appealing the order denying the motion by defendants and related entities to decertify three classes of workers (In re: American Family Insurance Company, et al., No. 17-307, 6th Cir., 2017 U.S. App. LEXIS 21371, In re: American Family Insurance Company, et al., No. 17-308, 6th Cir., 2017 U.S. App. LEXIS 21373).



House Passes Bill That Rolls Back Treatment Of Joint Employers
WASHINGTON, D.C. - The U.S. House of Representatives on Nov. 7 passed with a 242-181 vote a bill that rolls back the joint-employer standard that was implemented under President Barack Obama.



Employee's Attorney Asks High Court To Find Age Bias Appeal Was Timely
WASHINGTON, D.C. - Only Congress can set the jurisdiction of trial courts under the nation's constitutional structure, and based on that principle, Federal Rule of Appellate Procedure 4(a)(5)(C) is nonjurisdictional, the attorney representing an employee in an age bias dispute argued Oct. 10 before the U.S. Supreme Court, adding that as a result, a district court may extend the time to appeal "as long as a motion is timely filed and there has been a showing of excusable neglect or good cause" (Charmaine Hamer v. Neighborhood Housing Services of Chicago, et al., No. 16-658, U.S. Sup.).



U.S. High Court Will Decide If Public-Sector Agency Fee Is Unconstitutional
WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 28 granted a petition for writ of certiorari in an appeal seeking to have Abood v. Detroit Board of Education, 431 U.S. 209 (1977), overruled and public-sector agency fee arrangements declared unconstitutional under the First Amendment to the U.S. Constitution (Mark Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al., No. 16-1466, U.S. Sup.).



NLRB Submits Correction To Supreme Court Following Class Action Waiver Arguments
WASHINGTON, D.C. - On Oct. 3, one day after the U.S. Supreme Court heard consolidated oral arguments for three cases addressing collective and class action arbitration waivers, general counsel for the National Labor Relations Board submitted a letter to the Supreme Court clerk correcting a portion of his 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.).



U.S. Supreme Court To Decide If 'Service Advisors' Are Exempt Under FLSA
WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 28 agreed to hear an appeal concerning whether "service advisors" at car dealerships are exempt from the Fair Labor Standards Act's (FLSA) overtime pay requirements (Encino Motorcars, LLC v. Hector Navarro, et al., No. 16-1362, U.S. Sup.).



Supreme Court Won't Hear Chrysler Executives' Age Discrimination Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by former Chrysler Corp. executives who lost benefits under the company's retirement plan 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 (ERISA) (John Loffredo, et al. v. Daimler AG, et al., No. 16-1334, U.S. Sup.).



U.S. Supreme Court Won't Resolve Circuit Split In RICO Class Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 declined to resolve a circuit split regarding whether a Racketeer Influenced and Corrupt Organizations (RICO) Act fraud plaintiff must prove reliance to establish causation and whether, to certify a RICO fraud class action, the plaintiff must show that reliance is a common issue (S.G.E. Management, L.L.C., et al. v. Juan R. Torres, et al., No. 16-1309, U.S. Sup.).



U.S. Supreme Court Won't Decide If American Pipe Tolling Stops
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 declined to answer whether tolling established under American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), terminates after class certification is denied even when renewed motions for class certification follow (ITT Corporation, et al. v. Rickey Allen Lee, et al., No. 16-1128, U.S. Sup.).



U.S. High Court Won't Review 5th Circuit Ruling Finding ADEA Bars Damages
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by an employee asking the high court to overturn a decision by the 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) (Susan L. Vaughan v. Anderson Regional Medical Center, No. 16-1386, U.S. Sup.).



Ex-Tribal Worker Challenging Sovereign Immunity Ruling Turned Down By High Court
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for a writ of certiorari filed by a longtime employee of an Alabama Indian tribe seeking review of a federal court's dismissal of an age discrimination claim she leveled against the tribe after she was fired (Christine J. Williams v. Poarch Band of Creek Indians, No. 16-1324, U.S. Sup.).



School Districts Ask High Court To Decide Tribal Jurisdiction Dispute
WASHINGTON, D.C. - A split Ninth Circuit U.S. Court of Appeals decision that tribal courts have jurisdiction over an employment dispute in public schools because the schools are located on tribal land should be vacated because it flies in the face of established U.S. Supreme Court precedent, two public school districts argue in a Sept. 25 petition for a writ of certiorari with the high court (Window Rock Unified School District, et al. v. Ann Reeves, et al., No. 17-447, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3690).



U.S. Supreme Court Denies Cert In Multiple Employment-Related Appeals
WASHINGTON, D.C. - The U.S. Supreme Court issued orders on Oct. 2 and denied petitions for writ of certiorari in numerous employment-related cases.



Employee Asks High Court To Decide If Title VII Bans Sexual Orientation Bias
WASHINGTON, D.C. - The U.S. Supreme Court must resolve "without delay" whether Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation, an employee who claims she was fired after marrying her girlfriend argues in her Sept. 7 petition for writ of certiorari (Jameka K. Evans v. Georgia Regional Hospital, et al., No. 17-370, U.S. Sup.).



Attorney General Issues Memo Withdrawing 2014 Transgender Title VII Protections
WASHINGTON, D.C. - Attorney General Jeff Sessions issued a memorandum on Oct. 4, withdrawing a December 2014 memorandum that the then-Attorney General Eric Holder had issued, which opined that Title VII of the Civil Rights Act of 1964 encompasses gender identity per se.



7th Circuit: Long-Term Leave Of Absence Fails As A Reasonable Accommodation
CHICAGO - An employee's proposal of a long-term leave of absence is not a reasonable accommodation pursuant to the Americans with Disabilities Act (ADA), a Seventh Circuit U.S. Court of Appeals panel ruled Sept. 20, upholding a trial court's summary judgment ruling for an employer that terminated an employee who was unable to return to work when his medical leave ran out (Raymond Severson v. Heartland Woodcraft, Inc., No. 15-3754, 7th Cir., 2017 U.S. App. LEXIS 18197).



5th Circuit Enforces Ruling That New Employer Was Perfectly Clear Successor
NEW ORLEANS - A company that succeeded another one as the staffing provider for New Orleans garbage trucks was a "perfectly clear" successor and violated the National Labor Relations Act (NLRA) by refusing to recognize the union already representing the workers and by failing to provide sufficient notice of changes to pay, a Fifth Circuit U.S. Court of Appeals panel ruled Sept. 25 (Creative Vision Resources, L.L.C. v. National Labor Relations Board, No. 16-60715, 5th Cir., 2017 U.S. App. LEXIS 18504).



D.C. Federal Judge: Children's Consignment Franchise Volunteers Must Be Paid As Employees
WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 26 upheld a determination by the U.S. Department of Labor (DOL) that an Arkansas-based company and its franchises that run children's consignment sales around the country must pay its consignor/volunteers as employees (Rhea Lana, Inc., et al. v. U.S. Department of Labor, No. 14-17, D. D.C., 2017 U.S. Dist. LEXIS 156905).



11th Circuit Reinstates Wage Suit By Son Who Shadowed Father
ATLANTA - A son who shadowed his father at work for 15 months and then sued for wages following his father's termination may proceed with his claims as his evidence shows that he may have been a trainee during some of the time and an employee during other times, an 11th Circuit U.S. Court of Appeals panel ruled Oct. 6, vacating a trial court's summary judgment ruling for the employer (Scott Axel v. Fields Motorcars of Florida, Inc., No. 16-13829, 11th Cir., 2017 U.S. App. LEXIS 19524).



3rd Circuit Affirms Employer's Failure To Pay Overtime Was Not Willful
PHILADELPHIA - A Pennsylvania county's failure to pay overtime to employees who each worked in two different part-time jobs was not willful, and a damages award for those employees does not prove otherwise, a Third Circuit U.S. Court of Appeals panel ruled Sept. 20 (Michael Souryavong, et al. v. Lackawanna County, Nelson Rolon v. Lackawanna County, Nos. 15-3895 & 16-2214, 3rd Cir., 2017 U.S. App. LEXIS 18173).



Paramount To Settle Parking Production Assistants' Class Wage Claims For $700,000
NEW YORK - Parking production assistants (PPAs) employed by Paramount Pictures Corp. filed a motion on Sept. 8 in the U.S. District Court for the Southern District of New York seeking final approval of a $700,000 settlement to be paid by Paramount to end claims that the PPAs were denied overtime pay, forced to work without any breaks and often forced to go to the bathroom in their cars or pay local businesses in order to use their restrooms (Christian Pellot, et al. v. Paramount Pictures Corporation, et al., No. 16-463, S.D. N.Y.).



Attorney Fees, Incentive Awards Slashed By Judge In Settled Wal-Mart Drivers' Suit
SAN FRANCISCO - A California federal judge on Sept. 14 awarded attorney fees and incentive awards following the $60.8 million settlement reached between Wal-Mart Stores Inc. and a class of drivers who brought wage claims against their employer, but in amounts below those requested by the plaintiffs (Charles Ridgeway, et al. v. Wal-Mart Stores Inc., No. 08-cv-05221, N.D. Calif., 2017 U.S. Dist. LEXIS 149440).



Conditional Certification Granted In Chicken Catchers' Wage Suit
CHICAGO - An Illinois federal judge on Sept. 18 granted conditional certification in a wage-and-hour lawsuit filed by individuals paid to catch chickens who allege that their piece-rate pay violates the Fair Labor Standards Act (FLSA) (Jimmy R. Nicks, et al. v. Koch Meat Co., Inc., et al., No. 16-6446, N.D. Ill., 2017 U.S. Dist. LEXIS 150763).



Judge Dismisses 2 Defendants, All But 1 Claim In Field Agents' Collective Suit
NEW YORK - A New York federal judge on Sept. 27 granted summary judgment to two of three defendants in a collective action complaint brought by cell phone service field agents who claim that they were denied full wages, granted summary judgment to the third defendant, Wallace Morgan Inc., on all claims except for the wage-notice claims brought under the New York Labor Law (NYLL) and ordered additional limited briefing on the remaining claims (Jamie Martin, et al. v. Sprint United Management Co., et al., No. 15-5237, S.D. N.Y., 2017 U.S. Dist. LEXIS 159479).



California Federal Magistrate Approves $5M Settlement For Class Of Exotic Dancers
SAN FRANCISCO - A California federal magistrate judge on Sept. 14 granted final approval of a $5 million settlement between exotic dancers and the company that managed the nightclubs where they worked, ending the dancers' wage claims (Jane Roe, et al. v. SFBSC Management, LLC, et al., No. 14-3616, N.D. Calif., 2017 U.S. Dist. LEXIS 149451).



Federal Judge Denies Dismissal Of Temp Guest Workers' Prevailing Wage Class Suit
BALTIMORE - Workers employed by a landscaping company under the H-2B visa program may proceed with class claims that they were improperly denied wages, paid at a rate less than that mandated by the U.S. Department of Labor (DOL) and denied reimbursement of certain expenses, a Maryland federal judge ruled Sept. 7, noting that to the extent that certain DOL H-2B visa regulations are currently under review, a stay of the action or severance of the claim may be appropriate if those related proceedings are not resolved before the trial in the present case (Aviles-Cervantes, et al. v. Outside Unlimited, Inc., No. 16-1214, D. Md., 2017 U.S. Dist. LEXIS 144847).



California Yoga Studios Owner To Settle Instructors' Wage Claims For $1.4M
OAKLAND, Calif. - A California federal judge on Sept. 11 granted preliminary approval of a $1.4 million settlement to be paid by the owner of California yoga studios that is accused of failing to fully compensate its instructors for all work and failing to provide overtime, meal and rest breaks (Shauna Barnard v. CorePower Yoga LLC, No. 16-3861, N.D. Calif., 2017 U.S. Dist. LEXIS 146745).



New Jersey Wage Claims Survive Wells Fargo's Motion To Strike Class Allegations
NEWARK, N.J. - A New Jersey federal judge on Sept. 6 denied a motion by Wells Fargo & Co. and Wells Fargo Bank N.A. (collectively, Wells Fargo) to strike class allegations filed by two former hourly employees alleging that they had to work outside of normal work hours to meet mandated quotas and were denied compensation for those hours (Juan Carolos Merino, et al. v. Wells Fargo & Company, et al., No. 16-7840, D. N.J., 2017 U.S. Dist. LEXIS 143628).



$4.8 Million Settlement Of Janitors' Wage Collective Claims Preliminarily Approved
CHICAGO - An Illinois federal judge on Sept. 21 granted preliminary approval of a $4.8 million settlement to be paid by an employer to its janitors around the county for time they spent working before their scheduled shifts (Brice Ikby Binissia, et al. v. ABM Industries, Inc., et al., No. 13-1230, Veronica Brown, et al. v. ABM Industries, Inc., et al., No. 15-6729, N.D. Ill., 2017 U.S. Dist. LEXIS 153686).



10th Circuit: 911 Dispatcher Should Be Paid For Pre-Shift Briefing
DENVER - A 10th Circuit U.S. Court of Appeals panel on Sept. 14 upheld a ruling for a New Mexico County Board of Commissioners being sued for various wage violations by hourly employees, except as to a 911 dispatcher's claims that she should be paid for pre-shift briefings, finding that the briefings are integral and indispensable for incoming dispatchers (Martha S. Jimenez, et al. v. Board of County Commissioners of Hidalgo County, No. 15-2213, 10th Cir., 2017 U.S. App. LEXIS 17780).



Nurses Granted Certification In Suit Seeking Pay For Auto-Deducted Meal Breaks
COLUMBUS, Ohio - An Ohio federal judge on Sept. 11 granted a motion for certification filed by a class of nurses who allege that their employer erred by automatically deducting 30 minutes from their pay per day for a meal break even though the nurses often had to work during those breaks (Lynnett Myers, et al. v. Marietta Memorial Hospital, et al., No. 15-2956, S.D. Ohio, 2017 U.S. Dist. LEXIS 146233).



9th Circuit: NLRB Must Consider Medical Center's Written Ban On Media Contact
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Sept. 11 enforced a decision by the National Labor Relations Board that a medical center committed unfair labor practices before and after a nurses union election, including enforcement of an oral ban on employees speaking to the media, and remanded to the NLRB a related matter raised by the union: rescission of the employer's written policy banning employees from speaking to the media (United Nurses Associations of California/Union of Health Care Professionals, No. 15-70920, 9th Cir., 2017 U.S. App. LEXIS 17491).



11th Circuit: Immunity For Superintendent Who Denied Promotion Due To Speech
ATLANTA - A superintendent who denied a teacher a promotion due to comments made by her father, a member of local government, is entitled to qualified immunity as it was not clear at the time that taking such an action would violate the teacher's First Amendment rights, an 11th Circuit U.S. Court of Appeals panel ruled Sept. 21 (Lynda Gaines v. E. Casey Wardynski, et al., No. 16-15583, 11th Cir., 2017 U.S. App. LEXIS 18276).



7th Circuit: Being Walked Out, Not The Termination Letter, Started The Clock Ticking
CHICAGO - An employee's filing of an administrative charge within 300 days after he received a notice that his employment was terminated was untimely as the clock began ticking two years earlier when he was escorted out, a Seventh Circuit U.S. Court of Appeals panel ruled Oct. 5 (Arlin T. Calvin v. Sub-Zero Freezer, Co., No. 17-1968, 7th Cir., 2017 U.S. App. LEXIS 19426).



Employer's Nonbiased Reason For Firing Dooms Mother's Claim On Behalf Of Dead Son
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Sept. 12 affirmed a summary judgment ruling for an employer that was by a mother who alleged that her now deceased son was discriminated against when he was fired shortly after a cancer diagnosis (Verna J. Floyd v. Chilly's L.L.C. of Alabama, No. 17-30384, 5th Cir., 2017 U.S. App. LEXIS 17582).



7th Circuit: Firing Just After PTSD Disclosure Is Not Discriminatory
CHICAGO - A decision by the Indiana Department of Transportation (INDOT) to fire a more than 20-year employee shortly after he disclosed a post-traumatic stress disorder (PTSD) diagnosis did not constitute disability discrimination, a Seventh Circuit U.S. Court of Appeals panel ruled Sept. 18 (Jeff Monroe v. Indiana Department of Transportation, et al., No. 16-1959, 7th Cir., 2017 U.S. App. LEXIS 17977).



5th Circuit Rejects Fired School Counselor's Disability Bias, Other Claims
NEW ORLEANS - A fired school counselor who complained of medical issues that prevented him from standing for long periods of time failed to show that his termination was the result of disability discrimination or his filing of a complaint with the Equal Employment Opportunity Commission, a Fifth Circuit U.S. Court of Appeals panel ruled Oct. 6 (Karl B. Molden v. East Baton Rouge Parish School Board, No. 17-30344, 5th Cir., 2017 U.S. App. LEXIS 19598).



Texas Federal Judge Tosses Staffing Agency's Bias Claims Against Hospital
DALLAS - A staffing agency that provided a prep cook to a hospital while in the midst of contract negotiations to provide additional staff may not proceed with retaliation and bias claims against the hospital because it lacked an employment relationship, a Texas federal judge ruled Sept. 7 (White Glove Staffing, Inc., et al. v. Methodist Hospitals of Dallas, et al., No. 17-1158, N.D. Texas, 2017 U.S. Dist. LEXIS 144706).



EEOC Sues Medical Practice For Firings For Opposing Bible Study
DALLAS - The Equal Employment Opportunity Commission on Feb. 20 filed a complaint against Shepherd Healthcare in the U.S. District Court for the Northern District of Texas, alleging that the Texas medical practice violated federal law when it fired an employee due to her requests to be excused from a daily morning Bible study and fired three other workers for their opposition of the mandatory Bible studies (Equal Employment Opportunity Commission v. Tim Shepherd MD, PA, No. 17-2569, N.D. Texas).



Judge Says Salix Manager Failed To Show Retaliation For Reporting Fraud
NEW YORK - A New York federal judge on Sept. 14 said a former senior manager for Salix Pharmaceuticals Ltd. failed to show that her employer retaliated against her for reporting false claims activities in the promotion of certain drugs (Rasvinder Dhaliwal v. Salix Pharmaceuticals, Ltd., No. 15-706, S.D. N.Y., 2017 U.S. Dist. LEXIS 149690).



Allsup's Settles Pregnancy, Disability Discrimination Claims For $950,000
ALBUQUERQUE, N.M. - Allsup's Convenience Stores Inc., the owner of more than 300 stores in New Mexico and Texas, agreed to pay $950,000 to settle a pregnancy and disability discrimination lawsuit filed by the Equal Employment Opportunity Commission on behalf of 28 women, according to a consent decree signed by a New Mexico federal judge and filed in the U.S. District Court for the District of New Mexico on Sept. 25 (Equal Employment Opportunity Commission v. Allsup's Convenience Stores, Inc., No. 15-863, D. N.M.).



Human Resources Expert Stricken For Lack Of Reliability, Relevance
SEATTLE - A human resources expert for tree-trimming business Asplundh Tree Experts Co. in a former worker's sexual harassment suit cannot testify at trial because his opinions are unreliable and irrelevant and do not offer any expertise to assist a jury, a Washington federal judge held Sept. 12 (Brittany Easton v. Asplundh Tree Experts, Co., No. 16-1694, W.D. Wash., 2017 U.S. Dist. LEXIS 147508).



6th Circuit: U.S. Steel Is Not Vicariously Liable For Same-Sex Harassment
CINCINNATI - U.S. Steel Corp. can't be held vicariously liable for alleged sexual harassment by one male worker toward another male worker because the alleged harasser was not a "supervisor" under Title VII of the Civil Rights Act of 1964 and because it responded appropriately when it was notified of the alleged harassment, a Sixth Circuit U.S. Court of Appeals panel ruled Oct. 3 (David Hylko, Jr. v. John Hemphill, et al., No. 16-2414, 6th Cir.).



7th Circuit Reinstates Fired Legal Assistant's Age-Bias, Retaliation Claims
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Sept. 21 vacated a trial court's dismissal of a legal assistant's age-bias and retaliation claims, finding that plausible claims were presented, but affirmed the dismissal of a defamation claim based on the expiration of the one-year statute of limitations (Patricia Clark v. Law Office of Terrence Kennedy, Jr., No. 15-11890, 7th Cir., 2017 U.S. App. LEXIS 18245).



Fired Employee Asks High Court To Find Juries Should Decide Age Bias Cases
WASHINGTON, D.C. - Juries, not judges, should decide age discrimination cases, a fired health care worker alleges in her petition for writ of certiorari filed Sept. 13 in the U.S. Supreme Court (Virginia Lay v. Singing River Health System, No. 17-396, U.S. Sup.).



7th Circuit To Hear Arguments On Age Bias Disparate Impact Claims By Applicants
CHICAGO - The Seventh Circuit U.S. Court of Appeals is set to hear oral arguments on Oct. 23 in a case concerning whether job applicants may bring disparate impact claims under the Age Discrimination in Employment Act (ADEA) (Dale E. Kleber v. CareFusion Corp., No. 17-1206, 7th Cir.).



EEOC Sues South Carolina Textile Manufacturer For Age Discrimination
ROCK HILL, S.C. - Keer America Corp., an Indian Land, S.C., textile manufacturer, committed age discrimination when it fired a new employee after the plant manager saw the employee's driver's license and learned his age, the Equal Employment Opportunity Commission claims in a complaint filed Sept. 1 in the U.S. District Court for the District of South Carolina (U.S. Equal Employment Opportunity Commission v. Keer America Corporation, No. 17-2360, D. S.C.).



11th Circuit Upholds Ruling For Postmaster On Worker's Bias, Retaliation Claims
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Sept. 26 affirmed a trial court's summary judgment ruling for the postmaster general, finding that a postal worker claiming race and age bias, a hostile work environment and retaliation failed to show pretext or that she suffered any adverse action (Armanda Coles v. Post Master General United States Postal Services, No. 16-15364, 11th Cir., 2017 U.S. App. LEXIS 18532).



EEOC Alleges Firing Of 74-Year-Old Constituted Age Bias
CHICAGO - The Equal Employment Opportunity Commission filed a complaint on Sept. 19 in the U.S. District Court for the Northern District of Illinois accusing S&C Electric Co. of violating federal discrimination laws by firing a longtime, 74-year-old employee shortly after he returned to work from a medical leave (U.S. Equal Employment Opportunity Commission v. S&C Electric Co., No. 17-6753, N.D. Ill.).



10th Circuit: Trial Court Erred In Not Instructing Jury On Pretext In Bias Suit
DENVER - A Colorado district court erred when it declined to instruct the jury hearing an employee's gender discrimination and retaliation claims on pretext, a 10th Circuit U.S. Court of Appeals panel ruled Oct. 4, finding that a reasonable jury could have found pretext based on the employee's evidence (Jaymee Barrington v. United Airlines, Inc., No. 16-1292, 10th Cir., 2017 U.S. App. LEXIS 19297).



EEOC Sues Estee Lauder For Giving Men Less Paid Parental Leave
PHILADELPHIA - Estee Lauder Cos. Inc.'s decision to provide male employees who are biological fathers with less paid parental leave and related benefits than female employees who are biological mothers constitutes gender discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act, the Equal Employment Opportunity Commission alleges in a complaint filed Aug. 30 in the U.S. District Court for the Eastern District of Pennsylvania (Equal Employee Opportunity Commission v. Estee Lauder Companies, Inc., No. 17-3897, E.D. Pa.).



2nd Circuit Finds Carnival Employee Must Arbitrate Claims In The Philippines
NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 18 affirmed a ruling in which a district court found that a motorman who was injured while working aboard a vessel must arbitrate his claims against his employer in the Philippines pursuant to his employment contract (Rodrigo R. Pagaduan v. Carnival Corporation, et al., No. 16-465, 2nd Cir., 2017 U.S. App. LEXIS 17981).



7th Circuit: Officers Removed From Security Detail Failed To Prove Any Bias
CHICAGO - Nearly a dozen Chicago police officers who had served on the mayor's security detail at a higher pay grade but were not retained when a new mayor was elected failed to show that their reassignments were in any way biased, a Seventh Circuit U.S. Court of Appeals panel ruled Sept. 8, affirming a trial court's ruling (Daniel Houlihan, et al. v. City of Chicago, et al., No. 16-2949, 7th Cir., 2017 U.S. App. LEXIS 17427).



11th Circuit Finds Firing For Theft Of Intellectual Property Was Not Pretextual
ATLANTA - A chemist was unable to show that his termination for alleged theft of intellectual property, insubordination and poor performance was a pretext for age or race discrimination, an 11th Circuit U.S. Court of Appeals panel ruled Oct. 3, affirming a trial court's decision (Moses Langford v. Magnolia Advance Materials, Inc., No. 17-11100, 11th Cir, 2017 U.S. App. LEXIS 19113).



Rehearing En Banc Denied By 6th Circuit In Retiree's Health Care Suit
CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals on Sept. 22 denied a petition for rehearing en banc filed by an employer that the appellate panel ruled was properly enjoined from changing health care benefits provided to workers who retired from a plant before its closing (International Union, United Automobile, Aerospace and Agricultural Implement Workers of America [UAW], et al. v. Kelsey-Hayes, Co., et al., No. 15-2285, 6th Cir., 2017 U.S. App. LEXIS 18365).



Franchisee Not Entitled To Another 'Bite At The Apple' In Employment Benefits Suit
BOSTON - The First Circuit U.S. Court of Appeals on Sept. 29 affirmed a federal district court's finding that under the principles of res judicata, it was bound by a Georgia court judgment in favor of a cleaning franchisor in a dispute over the unit franchisee's classification for the purposes of employment benefits, saying the franchisee has "already had his bite at the apple and is not entitled to yet another" (Giovani Depianti, et al. v. Jan-Pro Franchising International, Inc., No. 16-2256, 1st Cir., 2017 U.S. App. LEXIS 18890).



NLRB: SCOTUS Arbitration Precedent Doesn't Require Rejection Of Board's Ruling
WASHINGTON, D.C. - The U.S. Supreme Court's Federal Arbitration Act (FAA) precedent does not require that the high court reject a ruling by the National Labor Relations Board (NLRB) finding that individual arbitration agreements interfere with employees' rights to engage in concerted legal activity in violation of the National Labor Relations Act (NLRA), the NLRB argued in an Aug. 9 brief filed in the U.S. Supreme Court in one of three appeals, consolidated by the high court, that challenge the barring of class or collective action waivers in employment agreements (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.).



Firing For Refusing To Sign Unlawful Confidentiality Agreement Violates NLRA
NEW YORK - An employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) when it terminates an employee for refusing to agree to an unlawful confidentiality agreement, a Second Circuit U.S. Court of Appeals panel ruled Aug. 31 (National Labor Relations Board v. Long Island Association for AIDS Care, Inc., Nos. 16-2325 and 16-2782, 2nd Cir., 2017 U.S. App. LEXIS 16745).



3rd Circuit: Arbitration Clause Doesn't Cover Men's Club Dancer's Wage Dispute
PHILADELPHIA - Wage-and-hour claims filed by a men's club dancer are not covered by an arbitration clause in an employment agreement signed by the dancer, a Third Circuit U.S. Court of Appeals panel ruled Aug. 17 (Alissa Moon, et al. v. Breathless Inc., No. 16-3356, 3rd Cir., 2017 U.S. App. LEXIS 15501).



9th Circuit: Firing After Sleep Apnea Diagnosis Doesn't Constitute Disability Bias
PASADENA, Calif. - A railway worker who was diagnosed with sleep apnea after he was facing discipline for numerous absences and was ultimately terminated due to those absences failed to show that he was a victim of disability discrimination, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 25 (Antonio Alamillo v. BNSF Railway Company, No. 15-56091, 9th Cir., 2017 U.S. App. LEXIS 16267).