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U.S. Supreme Court Majority Finds 'Service Advisors' Exempt From Overtime
WASHINGTON, D.C. - The U.S. Supreme Court ruled 5-4 on April 2 that auto dealership "service advisors" fall under the Fair Labor Standards Act's (FLSA) overtime exemption for "any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles" at a covered dealership (Encino Motorcars, LLC v. Hector Navarro, et al., No. 16-1362, U.S. Sup.).



9th Circuit: Prior Salary Doesn't Justify Gender- Based Wage Differences
SAN FRANCISCO - Prior salary considered alone or in combination with other factors does not justify a wage differential between male and female employees, an en banc Ninth Circuit U.S. Court of Appeals ruled April 9, overruling Kouba v. Allstate Insurance Co., 691 F.2d 873 (9th Cir. 1982) (Aileen Rizo v. Jim Yovino, No. 16-15372, 9th Cir., 2018 U.S. App. LEXIS 8882).



2nd Circuit Partially Vacates Damages In Human Trafficking Case
NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 6, noting that it needed to resolve a split among the district courts in its circuit, partially vacated a damages order in a human trafficking case and remanded, opining that cumulative liquidated damages can't be awarded for the same actions under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) (Mashud Parves Rana v. Monirul Islam, et al., No. 16-3966, 2nd Cir., 2018 U.S. App. LEXIS 8781).



9th Circuit Upholds Sanctions In Nurses' Wage Class Lawsuit
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on March 19 upheld sanctions against the attorneys representing two nurses in a wage-and-hour lawsuit against their former employer, finding that under Federal Rule of Civil Procedure 37, a court may order a party to produce its nonparty expert witness and sanction the party's counsel if the witness fails to appear (Marlyn Sali, et al. v. Corona Regional Medical Center, et al., No. 15-56389, 9th Cir., 2018 U.S. App. LEXIS).



Nonparty Chipotle's Contempt Motion Granted In States' FLSA Exemption Suit
SHERMAN, Texas - A Texas federal judge on March 19 granted a motion for contempt filed by a nonparty restaurant chain in a lawsuit by a collection of states challenging the U.S. Department of Labor's (DOL) changes to the Fair Labor Standards Act (FLSA) white-collar exemption (referred to as the "Final Rule") and ordered the employee suing the chain for violating the Final Rule to withdraw her claims within seven days (Nevada, et al. v. United States Department of Labor, et al., No. 16-731, E.D. Texas, 2018 U.S. Dist. LEXIS 43866).



Pennsylvania Federal Judge Rules That UberBLACK Drivers Aren't Employees
PHILADELPHIA - Drivers working for Uber Technologies Inc.'s car service who filed a wage-and-hour class complaint failed to show that they are employees under the factors established in Donovan v. DialAmerica Marketing, Inc., 757 F.2d 1376 (3d Cir. 1985), a Pennsylvania federal judge ruled April 11, granting the defendant's motion for summary judgment (Ali Razak, et al. v. Uber Technologies, Inc., et al., No. 16-573, E.D. Pa., 2018 U.S. Dist. LEXIS 61230).



Family Dollar Settles Sex Bias Managers' Class Claims For $45 Million
CHARLOTTE, N.C. - A North Carolina federal judge on March 14 granted final approval of a $45 million settlement to be paid by Family Dollar Stores Inc. to end a class lawsuit that began almost 15 years ago and accused the retailer of paying female store managers less than males in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act (EPA) (Luanna Scott, et al. v. Family Dollar Stores, Inc., No. 08-540, W.D. N.C., 2018 U.S. Dist. LEXIS 41908).



Limo Company Settles Drivers' Class Wage Claims For $670,000
NEW HAVEN, Conn. - A Connecticut federal judge on March 16 granted final approval of a $670,000 settlement to be paid by a limo company to end claims by drivers alleging that their commission-only pay constituted wage-and-hour violations (Roger Lassen, Jr., et al. v. Hoyt Livery, Inc., et al., No. 13-1529, D. Conn., 2018 U.S. Dist. LEXIS 45765).



California Federal Judge: Uber's Safe Rides Fee Changes Violate Drivers' Contracts
OAKLAND, Calif. - A California federal judge on March 8 certified a class of drivers working as independent contractors for a ridesharing company, granted the drivers summary judgment on their claims that changes to fares by including a "Safe Rides Fee" breached the drivers' contracts and stated that the fact that drivers' fares remained unchanged was a "red herring" (Chuck Congdon, et al. v. Uber Technologies, Inc., et al., No. 16-2499, N.D. Calif., 2018 U.S. Dist. LEXIS 38473).



Sanctions Upheld In Wage Collective Suit For No Excusable Neglect
JACKSON, Miss. - A Mississippi federal judge on March 1 declined to set aside sanctions awarded to the plaintiffs in a wage-and-hour collective suit in which the defendants, a corporation and its president, were found to be in contempt of court (Ashley Brooks, et al. v. Illusions, Inc., et al., No. 16-31, S.D. Miss., 2018 U.S. Dist. LEXIS 33244).



Former Employee Asserts Wage, UCL Claims In California Court
SAN MATEO, Calif. - A former sales representative for an information-technology services company on April 2 filed a class action complaint in a California superior court, asserting causes of action for violation of California's labor code and unfair competition law (UCL) in relation to allegedly unpaid commissions (Brandon Williams v. Oracle America Inc., No. 18-01599, Calif. Super., San Mateo Co.).



Split D.C. Circuit Recalls Mandate In Browning-Ferris, Holds Case In Abeyance
WASHINGTON, D.C. - A divided District of Columbia Circuit U.S. Court of Appeals panel on April 6 granted a motion by the National Labor Relations Board (NLRB) to recall the mandate based on exceptional circumstances in a joint-employer dispute that has once again become current NLRB law after an opinion overruling that law was vacated by the NLRB in December in Hy-Brand Industrial Contractors, Ltd., 365 N.L.R.B. No. 156 (2017) (Browning-Ferris Industries of California, Inc. v. National Labor Relations Board, No. 16-1028, D.C. Cir.).



Parent Corporations Could Potentially Be Found To Be Employers, Federal Judge Says
CAMDEN, N.J. - A New Jersey federal judge on March 13 rejected parent corporations' argument that a plaintiff has alleged a retaliation claim only against their subsidiary, finding that the parent corporations could potentially be found to be her employers under Third Circuit precedent (Stephanie Cunningham v. Executive Care of Cherry Hill, et al., No. 17-2261, D. N.J., 2018 U.S. Dist. LEXIS 41967).



U.S. Supreme Court Won't Hear Hostile Work Environment Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on April 2 denied a petition for writ of certiorari filed by an employee asking the high court to decide whether her failure to file a report of sexual harassment at work barred her federal harassment complaint (Bobbette M. Blake v. MJ Optical Inc., No. 17-1015, U.S. Sup.).



Class Action Alleging Sexual Harassment Brought Against Perkins Restaurant Franchise
BROOKLYN, N.Y. - A class action lawsuit was filed in federal court on March 19 against Perkins Family Restaurants, alleging that its current and former employees were "subjected to a hostile work environment that was permeated with constant and extreme sexual harassment," further arguing that gender was the motivating factor for their hostile treatment (Elainie Andreopoulos, et al. v. Perkins Family Restaurants, No. 18-01711, E.D. N.Y.).



Judge Remands Former Manager's UCL, FEHA Claims To California Court
SANTA ANA, Calif. - After finding that a former store manager could establish a cause of action for harassment against her former boss, a California federal judge on April 4 granted her motion to remand her claims for violation of California's unfair competition law (UCL) and the Fair Employment and Housing Act (FEHA) to a state court (Jannelle Dorame v. Sprint United Management Company, et al., No. 8:17-cv-01720, C.D. Calif., 2018 U.S. Dist. LEXIS 57747).



EEOC Sues Arby's Franchisee For Ignoring Ongoing Sexual Harassment
MOBILE, Ala. - Beavers' Inc., doing business as several Arby's franchises in the southeast United States, violated federal law when it failed to address ongoing sexual harassment of teenage female employees, the Equal Employment Opportunity Commission alleges in a complaint filed March 30 in the U.S. District Court for the Southern District of Alabama on behalf of two named workers and a class of females (Equal Employment Opportunity Commission v. Beavers', Inc., No. 18-150, S.D. Ala.).



Coral Gables Trust Will Pay $180,000 To Settle EEOC Harassment, Retaliation Suit
MIAMI - A Florida federal judge on April 3 signed off on a consent decree entered into by Coral Gables Trust Co. and the Equal Employment Opportunity Commission under which the employer will pay $180,000 to settle claims of sexual harassment and retaliation (Equal Employment Opportunity Commission v. Coral Gables Trust Company, No. 18-21148, S.D. Fla.).



Arizona Wine Bar Will Pay $100,000 For Sexual Harassment
PHOENIX - A Scottsdale, Ariz., wine bar has agreed to pay $100,000 to end a complaint by the Equal Employment Opportunity Commission for sexual harassment and retaliation, the EEOC announced in an April 2 press release (Equal Employment Opportunity Commission v. Scottsdale Wine Cafe LLC, No. 17-182, D. Ariz.).



Organic Fruit Grower Will Settle EEOC Sexual Harassment Suit For $95,000
SPOKANE, Wash. - The largest grower of organic tree fruit in the United States has agreed to settle sexual harassment and retaliation claims for $95,000, the Equal Employment Opportunity Commission announced April 3 (Equal Employment Opportunity Commission, et al. v. Stemilt Growers, LLC, et al., No. 17-210, E.D. Wash., 2018 U.S. Dist. LEXIS 56845).



Chadbourne & Parke Settles Partners' Gender Bias Claims For More Than $3M
NEW YORK - A New York federal judge on March 20 dismissed a gender discrimination case with prejudice after the three female partners who sued Chadbourne & Parke LLP and its successor firm, Norton Rose Fulbright US LLP, reached a settlement of more than $3 million settlement to end their individual claims for violation of the Equal Pay Act (EPA) (Kerrie L. Campbell, et al. v. Norton Rose Fulbright US LLP, et al., No. 16-6832, S.D. N.Y.).



3rd Circuit Finds Denial Of Class For Sergeant Was Not Adverse Action
PHILADELPHIA - A New Jersey federal court erred when it upheld a jury's determination that the denial of a training class for a New Jersey county correctional sergeant amounted to an adverse action, a Third Circuit U.S. Court of Appeals panel ruled April 5, reversing the finding of liability against the county and a county employee (Helen Ford v. County of Hudson, et al., Nos. 17-1805, 17-1806 and 17-1819, 3rd Cir., 2018 U.S. App. LEXIS 8637).



Demurrer, Motion To Strike Denied In Women's Gender Bias Complaint Against Google
SAN FRANCISCO - A California state judge on March 27 overruled a demurrer and denied an alternative motion to strike filed by Google LLC in a class complaint accusing the company of gender-based wage discrimination and violation of California's unfair competition law (UCL) (Kelly Ellis, et al v. Google, LLC, No. CGC-17-561299, Calif. Super., San Francisco Co.).



Partial Class Certification Granted In Goldman Sachs Gender Bias Lawsuit
NEW YORK - A New York federal judge on March 30 partially granted a motion for class certification filed in a gender bias lawsuit in which female associates and vice presidents employed by Goldman, Sachs & Co. and The Goldman Sachs Group Inc. (collectively, Goldman Sachs) claim that the companies favored men when it came to evaluations, pay and promotions and maintained a "boy's club" culture (H. Christina Chen-Oster, et al. v. Goldman, Sachs & Co., et al., No. 10-6950, S.D. N.Y., 2018 U.S. Dist. LEXIS 54732).



Chemours Workers May Proceed With Class Claims Alleging Poor Severance Offers
WILMINGTON, Del. - A Delaware Superior Court judge on March 26 denied a chemical company's motion to dismiss a wage claim brought by three former workers in a class complaint accusing the defendant of providing a better severance package only after it already convinced a class of workers to take a subpar deal, finding that the workers have brought a timely claim seeking a "wage supplement" (Mark Girardot, et al. v. The Chemours Company, No. N17C-10-148 MMJ, Del. Super., 2018 Del. Super. LEXIS 135).



11th Circuit Reinstates Former Delta Flight Attendant's Age Bias Claim
ATLANTA - A flight attendant who alleges that she was investigated for misusing a companion fare benefit and ultimately terminated all due to her age may proceed with her discrimination claim because she does not need to establish a prima facie age bias case to survive a dismissal motion, an 11th Circuit U.S. Court of Appeals panel ruled April 9 (Patricia Buchanan v. Delta Air Lines, Inc., No. 17-13452, 11th Cir., 2018 U.S. App. LEXIS 9094).



2nd Circuit: Woman Cannot Say Emotional Issues Delayed Filing Of Employment Suit
NEW YORK- A Second Circuit U.S. Court of Appeals panel on March 22 affirmed dismissal of a woman's national origin and age discrimination suit against the U.S. Postal Service and National Association of Letter Carriers (NALC), finding that she could not claim that emotional distress caused her to miss the deadline for filing her lawsuit (Miledys Ayala v. United States Postal Service, et al., No. 17-1218, 2nd Cir., 2018 U.S. App. LEXIS 7450).



Jobs, Monetary Awards Proposed In Target Biased Hiring Settlement
NEW YORK - An April 5 motion for preliminary approval of a class action settlement, filed on the same day as the class complaint in a New York federal court, proposes that Target Corp. will provide jobs or monetary relief to a class of black and Latino job applicants eliminated from consideration by the company's criminal background checks (Carnella Times, et al. v. Target Corporation, No. 18-2993, S.D. N.Y.).



3rd Circuit Finds Woman's Racial Discrimination Suit Against Employer Untimely
PHILADELPHIA - A federal judge in New Jersey did not err when dismissing with prejudice a woman's racial discrimination suit against the New Jersey Department of the Treasury, her supervisor and an administrator, a Third Circuit U.S. Court of Appeals panel ruled March 23, finding that the action failed to include any allegations of the alleged discrimination and that it was untimely (Sarah Freeman v. Steven Harris, et al., No. 17-3126, 3rd Cir., 2018 U.S. App. LEXIS 7366).



Piggybacking Of Race Bias Charges Rejected; Class Claims Struck By Federal Judge
PHILADELPHIA - A Wells Fargo Bank N.A. branch manager who brought his racial bias claims in federal court within the 90-day window after he was issued a right-to-sue letter may proceed with most of his individual claims, but not his class ones, a Pennsylvania federal judge ruled in a March 28 memorandum in which he also rejected another Wells Fargo manager's attempt to piggyback her claims several years after she filed her discrimination charges with the Equal Employment Opportunity Commission (Frank Hightower, et al. v. Wells Fargo Bank, N.A., No. 17-4119, E.D. Pa., 2018 U.S. Dist. LEXIS 51697).



Evidence Does Not Support Woman's Retaliation Claim, 7th Circuit Rules
CHICAGO - A woman who claims that her former employer retaliated against her by increasing her workload and later terminated her employment failed to provide sufficient evidence to support her allegations, a Seventh Circuit U.S. Court of Appeals panel ruled March 26 in upholding the company's summary judgment award (Margie A. Reliford v. Advance Newhouse Partnership, No. 17-2227, 7th Cir., 2018 U.S. App. LEXIS 7523).



NLRB Announces Proposed Settlement In McDonald's Retaliation Dispute
WASHINGTON, D.C. - The National Labor Relations Board (NLRB) issued a press release on March 20 announcing that McDonald's USA LLC and its franchisees submitted proposed settlement agreements on March 19 seeking to end a retaliation dispute that started in 2012 (McDonald's USA LLC, a Joint Employer, et al. v. Fast Food Workers Committee, et al., No. 02-CA-093893, et al., NLRB).



6th Circuit Upholds Enforcement Of Uber, Drivers Arbitration Agreement
CINCINNATI - Two Uber Technologies Inc. drivers, one current and one former, must submit their wage claims to arbitration, a Sixth Circuit U.S. Court of Appeals panel ruled March 14, upholding a trial court's ruling in the drivers' proposed class action complaint and rejecting the driver's new argument presented on appeal (Artur Zawada, et al. v. Uber Technologies, Inc., et al., No. 17-1092, 6th Cir., 2018 U.S. App. LEXIS 6298).



11th Circuit Upholds Firing Of Employee On Bipolar Medication
ATLANTA - A former fast food restaurant employee who was fired after she was unable to perform her tasks at work allegedly due to her bipolar disorder medication abandoned her challenge of whether a termination based on disability-related intoxication was discriminatory, a question that remains open in the 11th Circuit, and was unsuccessful in her claim that she was improperly fired for not notifying her manager of her medication, an 11th Circuit U.S. Court of Appeals panel ruled April 5, upholding summary judgment for the employer (Lisa Caporicci v. Chipotle Mexican Grill, Inc., No. 16-13494, 11th Cir., 2018 U.S. App. LEXIS 8793).



11th Circuit: Injured Flight Attendant Failed To Show Denial Of Retirement Was Biased
ATLANTA - A flight attendant who left her job following a permanent injury because she believed that she had been able to retire, but later found out that her departure had been classified as a resignation, failed to provide a sufficient pro se complaint to proceed with claims of disability discrimination, retaliation and interference with her retiree benefits, an 11th Circuit U.S. Court of Appeals panel ruled April 4, affirming a trial court's decision (Burdette Lowe v. Delta Air Lines Inc., No. 17-13579, 11th Cir., 2018 U.S. App. LEXIS 8763).



U.S. High Court Won't Rule On Long-Term Leave As A Reasonable Accommodation
WASHINGTON, D.C. - The U.S. Supreme Court on April 2 denied a petition for writ of certiorari filed by an employee asking the justices to decide if there is a per se rule barring a finite leave of absence of more than one month as a "reasonable accommodation" under the Americans with Disabilities Act (ADA) (Raymond Severson v. Heartland Woodcraft, Inc., No. 17-1001, U.S. Sup.).



North Carolina Federal Judge: Sex Orientation Bias Is Not Protected By Title VII
ASHEVILLE, N.C. - A North Carolina federal judge on March 15 ruled that a fired employee's claim of sexual orientation discrimination failed because Fourth Circuit U.S. Court of Appeals precedent dictates that the alleged bias is not one protected under Title VII of the Civil Rights Act of 1964 (Randall R. Snyder Jr. v. Ohio Electric Motors, Inc., et al., No. 17-134, W.D. N.C., 2018 U.S. Dist. LEXIS 42719).



6th Circuit Reinstates ERISA Claim By Employee Fired After Son's Hospitalization
CINCINNATI - A worker who was fired after he failed to return to work following a surgery, allegedly due to confusion over his doctor's order, failed to prove his Family and Medical Leave Act (FMLA) claim but may proceed with his claim under the Employee Retirement Income Security Act that his firing was motivated by high costs associated with his son's medical care, a split Sixth Circuit U.S. Court of Appeals panel ruled April 9 (Robert C. Stein v. Atlas Industries, Inc., No. 17-3737, 6th Cir., 2018 U.S. App. LEXIS 8874).



6th Circuit: Retirees Fail To Show Promise Of Benefits Until 65 Lasted Beyond CBA
CINCINNATI - Three retirees who filed a class complaint seeking to stop the early termination of health benefits that had been promised until they reached the age of 65 in a collective bargaining agreement (CBA) failed to show that their employer's obligation to provide those benefits outlasted the CBA, a Sixth Circuit U.S. Court of Appeals ruled March 8, reversing a trial court's grant of a preliminary injunction (Rebecca Cooper, et al. v. Honeywell International Inc., No. 17-1042, 6th Cir., 2018 U.S. App. LEXIS 5833).



False Claims Act Suit Against Trucking Company Is Dismissed Following Settlement
NEWARK, N.J. - A New Jersey federal judge on March 9 dismissed with prejudice a lawsuit against a trucking company initiated pursuant to the qui tam provisions of the False Claims Act (FCA) after the United States and the whistleblower, a former employee of the company, reached a settlement agreement for more than $1 million, according to the driver's attorneys (United States, et al. v. Beam Brothers Trucking, Inc., No. 10-657, D. N.J.).



Split En Banc 2nd Circuit: Title VII Covers Sexual Orientation Discrimination
NEW YORK - A divided en banc Second Circuit U.S. Court of Appeals on Feb. 26 ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation (Melissa Zarda, co-independent executor of the estate of Donald Zarda, et al. v. Altitude Express, et al., No. 15-3775, 2nd Cir., 2018 U.S. App. LEXIS 4608).



U.S. Supreme Court Hears Oral Arguments In Public-Sector Agency Fee Suit
WASHINGTON, D.C. - Abood v. Detroit Board of Education, 431 U.S. 209 (1977), should be overruled, an attorney representing a public-sector employee challenging the requirement that he pay agency fees to a union he chose not to join argued Feb. 26 before the U.S. Supreme Court, "because it failed to apply heightened First Amendment scrutiny to a compulsory fee for speech to influence governmental policies" (Mark Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al., No. 16-1466, U.S. Sup.).



6th Circuit: Bias Against Transgender Employees Is Protected Under Title VII
CINCINNATI - It is illegal under Title VII of the Civil Rights Act of 1964 to discriminate against employees due to their failure to conform with gender stereotypes or due to their transgender or transitioning status, a Sixth Circuit U.S. Court of Appeals panel ruled March 7 (Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 6th Cir., 2018 U.S. App. LEXIS 5720).



Transgender Nurse's Harassment, Retaliation Claims Survive Summary Judgment Motion
CLEVELAND - A transgender nurse who alleges that she was harassed at work, discriminated against due to her gender, subjected to retaliation and suffered emotional distress may proceed with her harassment and retaliation claims, an Ohio federal judge ruled March 2, granting in part the defendants' motion for summary judgment (Anastasia Holub v. Saber Healthcare Group, LLC, et al., No. 16-2130, N.D. Ohio, 2018 U.S. Dist. LEXIS 35458).



U.S. High Court Will Hear ADEA Political Subdivision Numerosity Requirement Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 26 granted a petition for writ of certiorari filed by a political subdivision in an age discrimination dispute over whether the Ninth Circuit U.S. Court of Appeals erred when it found that the Age Discrimination in Employment Act's (ADEA) numerosity requirement doesn't apply to state political subdivisions (Mount Lemmon Fire District v. John Guido, et al., No. 17-587, U.S. Sup.).



Sports Broadcaster Sues Don Imus, Others For Age Discrimination
NEW YORK - Sports broadcaster Warner Wolf filed an age discrimination complaint on Feb. 15 in a New York state court, his attorneys announced, against radio personality Don Imus and other former employers after he was abruptly fired and replaced with a sportscaster decades younger (Warner Wolf v. Don Imus, et al., No. N/A, N.Y. Sup., New York Co.).



Labor Board Vacates Recent Hy-Brand Joint-Employer Decision
WASHINGTON, D.C. - The National Labor Relations Board (NLRB) on Feb. 26 issued a one-page order vacating its decision on Dec. 14, 2017, in which the split labor board overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015), and reinstated the joint-employer standard in place before that decision, finding that one NLRB member should have been disqualified from participating in the decision making (Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., et al., Nos. 25-CA-163189, 25-CA-163208, 25-CA-163297, 25-CA-163317, 25-CA-163373, 25-CA-163376, 25-CA-163398, 25-CA-163414, 25-CA-164941, and 25-CA-164945, NLRB).



Whistleblower Definition Narrowed In U.S. Supreme Court Ruling
WASHINGTON, D.C. - The whistleblower anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 does not extend to individuals who report a securities law violation but do not report it to the Securities and Exchange Commission, the U.S. Supreme Court ruled Feb. 21 in narrowing the statute's definition of a whistleblower (Digital Realty Trust Inc. v. Paul Somers, No. 16-1276, U.S. Sup.).



9th Circuit Upholds Denial Of Government Auditor's Whistleblower Claims
SAN FRANCISCO - An auditor fired by the federal government for poor performance after he allegedly made protected disclosures about misconduct failed to show that, minus his whistleblowing, he would not have been fired, a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 26 (George Duggan v. Department of Defense, No. 16-73640, 9th Cir., 2018 U.S. App. LEXIS 4622).



Fired Employee May Conduct Discovery Into Confidential Data Breach Suit Documents
PHOENIX - Granting a joint discovery resolution motion filed by the parties in a wrongful termination suit, an Arizona federal magistrate judge on Feb. 14 found that an employee who was purportedly terminated for whistleblowing related to data breaches experienced by his former employer was entitled to conduct discovery into why documents related to lawsuits over those breaches were designated as confidential (Miguel Corzo v. Maricopa County Community College District, et al., No. 2:15-cv-02552, D. Ariz.).



D.C. Circuit: Union Election Stands Despite Observer's Alleged Gun Possession
WASHINGTON, D.C. - An alleged incident involving a union observer's possession of a gun prior to a union election where there is no evidence connecting the gun incident to the union election or even the union itself is insufficient to set aside the election results, a District of Columbia Circuit U.S. Court of Appeals panel ruled March 6 (Equinox Holdings, Inc. v. National Labor Relations Board, No. 16-1427, D.C. Cir., 2018 U.S. App. LEXIS 5611).



8th Circuit Upholds Ruling On Union Salts, Remands Remedy
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Feb. 21 affirmed a finding by the National Labor Relations Board that a staffing agency violated the National Labor Relations Act (NLRA) by failing to place union salts into open positions but remanded for reconsideration of the remedy as to one salt who reached out to an agency client in a manner that made it appear he was attempting to poach the client (Aerotek, Inc. v. National Labor Relations Board, Nos. 16-4520 and 17-1206, 8th Cir., 2018 U.S. App. LEXIS 4067).



U.S. Supreme Court Won't Hear Appeal On Employer Stopping Its Contributions
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari filed by an employer challenging a District of Columbia Circuit U.S. Court of Appeals panel's decision finding that it violated the National Labor Relations Act (NLRA) when it suspended contributions to one out of four union trust funds and implemented its company medical plan for returning strikers (Oak Harbor Freight Lines, Inc. v. National Labor Relations Board, No. 17-531, U.S. Sup.).



11th Circuit Orders Trial On Arbitration Manager's Pay Disparity Claims
ATLANTA - Viewing evidence in the light most favorable to the employee, an 11th Circuit U.S. Court of Appeals panel on Feb. 21 reinstated a Georgia woman's Equal Pay Act and Title VII of the Civil Rights Act of 1964 claims, finding that a reasonable jury could determine that her gender played a motivating factor for the pay disparity between her and her male predecessor (Qunesha Bowen v. Manheim Remarketing, Inc., No. 16-17237, 11th Cir., 2018 U.S. App. LEXIS 4099).



Los Angeles Jury Awards Former UCLA Doctor $13M On Bias, Retaliation Claims
LOS ANGELES - A Los Angeles County Superior Court jury returned a $13,011,671 verdict on Feb. 14 for a former University of California at Los Angeles (UCLA) Medical Center doctor on claims that her employer discriminated against her due to her gender and then retaliated against her for complaining of discrimination and harassment (Dr. Lauren Pinter-Brown v. Regents of the University of California, No. BC624838, Calif. Super., Los Angeles Co.).



U.S. High Court Reverses 6th Circuit Ruling On Retirees' Lifetime Benefits
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 issued a per curiam decision in an appeal over retiree's health care benefits and reversed a ruling by a Sixth Circuit U.S. Court of Appeals panel majority for the retirees, referencing a dissenting opinion that called the decision "Yard-Man [UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983)] re-born, re-built, and re-purposed for new adventures" (CNH Industrial N.V., et al. v. Jack Reese, et al., No. 17-515, U.S. Sup.).



U.S. High Court Grants Cert In Retiree's Health Care Suit, Remands
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 26 granted a petition for writ of certiorari in an appeal over lifetime health care benefits for workers who retired from a plant prior to its closing, vacated a ruling by the Sixth Circuit U.S. Court of Appeals and remanded for further consideration in light of the ruling in CNH Industrial N.V. v. Reese, 583 U.S. __ (2018) (Kelsey-Hayes Company, et al. v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, et al., No. 17-908, U.S. Sup.).



9th Circuit Will Rehear En Banc Consolidated Tip Credit Appeals
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 16 issued an order granting a rehearing en banc in consolidated cases all concerning employers accused of improperly claiming tip credits toward the required minimum wage (Alec Marsh v. J. Alexander's LLC, No. 15-15791, Crystal Sheehan v. Romulus Incorporated, No. 15-15794, Silvia Alarcon v. Arriba Enterprises Incorporated, No. 15-16561, Sarosha Hogan, et al. v. American Multi-Cinema, Inc., No. 15-16659, Nathan Llanos v. P.F. Chang's China Bistro, Inc., No. 16-15003, Kristen Romero v. P.F. Chang's China Bistro, Inc., No. 16-15004, Alto Williams v. American Blue Ribbon Holdings LLC, No. 16-15118, Stephanie R. Fausnacht v. Lion's Den Management, LLC, No. 16-16033, 9th Cir., 2018 U.S. App. LEXIS 3781).



10th Circuit Reinstates Older FLSA Claims Based On Showing Of Willfulness
DENVER - A 10th Circuit U.S. Court of Appeals panel on March 2 reinstated Fair Labor Standards Act (FLSA) claims by two house cleaners against their employer, finding that their claims filed more than two years after their employment ended may proceed as their allegation of willfulness was adequate (Maria Fernandez, et al. v. Clean House, LLC, et al., No. 17-1230, 10th Cir., 2018 U.S. App. LEXIS 5363).



Operator's Counterclaims In Detainees' Class Suit Seeking Wages Survive Dismissal
TACOMA, Wash. - The operator of a Washington state detention center where immigration detainees are housed may proceed with counterclaims against a proposed class of detainees seeking minimum wages for their work after a Washington federal judge in a Feb. 28 order determined the operator satisfied the elements of unjust enrichment (Chao Chen, et al. v. The GEO Group, Inc., No. 17-5769, W.D. Wash., 2018 U.S. Dist. LEXIS 32859).



Domino's And Franchisee Will Pay $650,000 To Settle Delivery Drivers' Wage Claims
BOSTON - A Massachusetts federal judge on Jan. 23 granted final approval of a $650,000 settlement to be paid by a pizza shop franchisor and franchisee to end class claims by delivery drivers who claim that they were denied delivery fees that customers believed were tips, proper wages and reimbursement of business expenses (Alexander Mooney, et al. v. Domino's Pizza, Inc., et al., No. 14-13723, D. Mass.).



Petco Settles Assistant Managers' Wage Claims For Nearly $8 Million
SAN DIEGO - A California federal judge on Feb. 13 granted final approval of a $7,995,000 settlement to be paid by Petco Animal Supplies Stores Inc., Petco Holdings Inc., Petco Holdings Inc. LLC and Petco Animal Supplies Stores Inc. (collectively, Petco) to end overtime claims brought by assistant managers (AMs) in multiple consolidated cases (Erik Kellgren, et al. v. Petco Animal Supplies, Inc., et al., No. 13-644, Maria Cote, et al. v. Petco Animal Supplies Inc., et al., No. 17-898, Deserie Michel, et al. v. Petco Animal Supplies, Inc., et al., No. 17-1092, Heather Vargas, et al. v. Petco Animal Supplies, Inc., et al., No. 17-1561, James Hecker, et al. v. Petco Animal Supplies, Inc., et al., No. 17-1169, Robert Wagner, et al. v. Petco Animal Supplies, Inc., et al., No. 17-1793, S.D. Calif., 2018 U.S. Dist. LEXIS 29107).



California Panel Allows Class Wage Claims To Proceed Despite Arbitration Provisions
SAN DIEGO - A truck driver may proceed with his class wage-and-hour claims despite arbitration and class waiver provisions in his employment contract, a California appeals panel ruled Feb. 23, applying the factors established in Gentry v. Superior Court, 42 Cal.4th 443 (2007) (Tony Muro v. Cornerstone Staffing Solutions, Inc., No. D070206, Calif. App., 4th Dist., Div. 1, 2018 Cal. App. LEXIS 142).



Uber Driver Class Certified In Suit Over 'Upfront Pricing'
SAN FRANCISCO - A California federal judge in an order filed Feb. 16 certified a class of drivers suing Uber Technologies Inc. and its subsidiary Rasier LLC (collectively, Uber) for changing the pricing policy in 2016 and keeping a larger percentage of each fare, allegedly violating its agreement with the drivers (Martin Dulberg, et al. v. Uber Technologies, Inc., et al., No. 17-850, N.D. Calif., 2018 U.S. Dist. LEXIS 26222).



California Appeals Panel Orders Arbitration In Attorney's Class Suit Against Firm
SAN FRANCISCO - An attorney who filed a class complaint against his former employer for various wage violations must arbitrate his claims, a California appellate panel ruled Feb. 21, reversing a trial court's finding that the arbitration clause was unenforceable (Harold DeGraff v. Perkins Coie California P.C., et al., No. A148405, Calif. App., 1st Dist., Div. 1, 2018 Cal. App. Unpub. LEXIS 1200).



Jewish School Settles Kitchen Workers' Wage Claims For $1 Million
NEW YORK - A New York federal magistrate judge on Feb. 9 granted final approval of a $1 million settlement to be paid by a Jewish school in Orange County, N.Y., to end class wage claims brought by the school's kitchen workers (Oscar Vivaldo, et al. v. United Talmudical Academy of Kiryas Joel, Inc., et al., No. 14-2636, S.D. N.Y., 2018 U.S. Dist. LEXIS 22863).



Maine Dairy Seeks To Settle Serial Comma Dispute With Class Of Employees For $5M
PORTLAND, Maine - A Maine dairy company and a class of workers entangled in a wage-and-hour lawsuit stemming from the lack of a serial comma in a list of activities exempted from Maine's overtime law filed a motion on Jan. 8 for preliminary review of a proposed $5 million settlement (Christopher O'Connor, et al. v. Oakhurst Dairy, et al., No. 14-192, D. Maine).



Colorado Federal Judge Grants Class Certification In Au Pairs' Wage Suit
DENVER - A Colorado federal judge on Feb. 2 certified five of six classes and all 13 subclasses proposed by au pairs who are suing their employers alleging suppression of wages (Johana Paola Beltran, et al. v. InterExchange, Inc., et al., No. 14-3074, D. Colo., 2018 U.S. Dist. LEXIS 23764).



6th Circuit Orders Trial On Nursing Director's Claim That Fraud Forced Her To Quit
CINCINNATI - A home health care provider's former director of nursing may proceed with her claims that she was forced to resign due to her employer's decision to seek and receive fraudulent reimbursements from the federal government as a jury may determine that the employer's alleged fraud "plus the employee's moral conscience and reasonable fear of being accused of participating in the employer's fraud is enough to justify quitting," a Sixth Circuit U.S. Court of Appeals panel ruled March 2 (Sue Smith v. LHC Group, Inc., et al., No. 17-5850, 6th Cir., 2018 U.S. App. LEXIS 5345).



New York Attorney General Sues Harvey Weinstein, Company For Harassment
NEW YORK - Harvey Weinstein (HW), The Weinstein Co. LLC (TWC), The Weinstein Company Holdings LLC and Robert Weinstein (RW) were named as respondents in a Feb. 11 lawsuit filed by New York Attorney General Eric T. Schneiderman alleging that Harvey Weinstein "repeatedly and persistently sexually harassed female employees at TWC" and "repeatedly and persistently used his position at TWC, female employees at TWC, and the resources at his disposal as the co-CEO of TWC, to serve his interests in sexual contact" (New York v. The Weinstein Company LLC, et al., No. N/A, N.Y. Sup., New York Co.).



Split 9th Circuit Upholds Denial Of Attorney Fees For Prevailing Union Defendant
HONOLULU - A union is not owed attorney fees after prevailing in a lawsuit brought by a former employee alleging bias and retaliation because the employee's claim was not frivolous, a divided Ninth Circuit U.S. Court of Appeals panel ruled March 2 (William K. Mahoe v. Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, No. 15-16917, 9th Cir., 2018 U.S. App. LEXIS 5426).



Hawaii Jury Awards Nurse $3.8M On Racial Bias Claims
HONOLULU - A Hawaii nurse who found a picture of a noose taped to her work locker after reporting that she suspected a co-worker was using drugs was awarded $3,830,000 by a jury on Feb. 28 (Ellen Harris v. The Queen's Medical Center, No. 13-1-1737-06, Hawaii 1st Cir.).



6th Circuit Reinstates Former Township Accountant's Retaliation Claims
CINCINNATI - A former Michigan township accountant may present her federal and state retaliation claims to a jury, a Sixth Circuit U.S. Court of Appeals panel ruled March 2, finding that the township has not proven its reasons - that the employee became belligerent during a meeting and threatened to sue - were not pretextual (Susan Mumm v. Superior, No. 16-2142, 6th Cir., 2018 U.S. App. LEXIS 5342).



Math Teacher's ADA Disparate Treatment Claim Is Reinstated By 9th Circuit
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Feb. 27 reinstated a disparate treatment claim brought by a math teacher who alleges that she was improperly terminated after suffering from headaches and dizziness months after she fell and hit her head at work, finding that the teacher provided sufficient evidence of pretext (Michele Baker v. Roman Catholic Archdiocese of San Diego, et al., No. 16-55961, 9th Cir., 2018 U.S. App. LEXIS 4882).



California Restaurant Sued By EEOC For Firing Pregnant Worker
SAN DIEGO - An Encinitas, Calif., restaurant committed pregnancy discrimination when it fired a female employee after learning of her pregnancy, the Equal Employment Opportunity Commission alleges in complaint filed Feb. 13 in the U.S. District Court for the Southern District of California (U.S. Equal Employment Opportunity Commission v. Maurizio's Trattoria Italiana, LLC, et al., No. 18-338, S.D. Calif.).



Split U.S. Supreme Court: Tolling Of State Limitations Period Stops The Clock
WASHINGTON, D.C. - A split U.S. Supreme Court ruled 5-4 on Jan. 22 that to "toll" a state limitations period under 28 U.S. Code Section 1367(d), - which provides that "[t]he period of limitations . . . shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period - while the claim is pending in federal court means that the clock is stopped (Stephanie C. Artis v. District of Columbia, No. 16-460, U.S. Sup.).



U.S. Supreme Court Won't Hear Professor's Due Process Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari filed by a University of Kentucky professor who alleges that during his removal as chair of a university department, he was denied liberty and property without due process of law (Richard A. Crosby, PhD v. Eli Capilouto, et al., No. 17-723, U.S. Sup., 2018 U.S. LEXIS 746).



Car Dealership Attorney To High Court: 'Service Advisors' Are Salespeople
WASHINGTON, D.C. - The attorney representing a Mercedes-Benz car dealership argued before the U.S. Supreme Court on Jan. 17 that "service advisors" are "plainly salespeople" who are primarily engaged in "the servicing of automobiles" and are exempt from receiving overtime wages (Encino Motorcars, LLC v. Hector Navarro, et al., No. 16-1362, U.S. Sup.).



4th Circuit Won't Enforce Arbitration Agreements Signed After Class Suit Was Filed
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on Jan. 18 declined to enforce arbitration agreements distributed by a gentlemen's club to its exotic dancers after a wage-and-hour class complaint was already filed (Alexis Degidio, et al. v. Crazy Horse Saloon and Restaurant Inc., et al., No. 17-1145, 4th Cir., 2018 U.S. App. LEXIS 1178).



4th Circuit Reinstates Claims Over Innkeeper's Wages, Room And Board
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on Jan. 25 reversed a trial court's summary judgment ruling for a Maryland bed-and-breakfast on claims by its former innkeeper that the wages she was paid and room and board she was given fell below state and federal wage requirements (Maryam Balbed v. Eden Park Guest House, LLC, et al., No. 17-1187, 4th Cir., 2018 U.S. App. LEXIS 1915).



9th Circuit Issues Ruling On Wage-And-Hour Law For Outer Continental Shelf
PASADENA, Calif. - State compensation laws of the adjacent state are adopted as surrogate federal law on the Outer Continental Shelf and devices attached to it as long as those state law are "applicable and not inconsistent" with federal law, a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 5, quoting in part from the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1331-1356b (Brian Newton v. Parker Drilling Management Services, Ltd., et al., No. 15-56352, 9th Cir., 2018 U.S. App. LEXIS 2844).



Split 6th Circuit Orders New Trial On Damages In Worker's Back Pay Dispute
CINCINNATI - A trial court erred when it upheld a jury's award of $10,000 in back pay for a fired theater worker despite undisputed evidence that the awarded amount was substantially lower than even the lowest estimate of damages, a divided Sixth Circuit U.S. Court of Appeals panel ruled Jan. 24, ordering a new trial on damages if the trial court can't approximate the appropriate amount of damages and secure consent from both sides (David Pittington v. Great Smoky Mountain Lumberjack Feud, LLC, No. 17-5590, 6th Cir., 2018 U.S. App. LEXIS 1676).



No Stay In Wages Class Suit While California High Court Considers Questions
SACRAMENTO, Calif. - A California federal judge on Jan. 10 denied a motion to stay a certified class action seeking wages for time spent going through bag checks and unreimbursed business expenses pending decisions by the California Supreme Court in two cases concerning wages, finding "a fair possibility" of harm to class members with a stay (Jimmy Greer, et al. v. Dick's Sporting Goods, Inc., et al., No. 15-1063, E.D. Calif., 2018 U.S. Dist. LEXIS 4711).



Class Of Eddie Bauer Employees Certified In Bag Check Suit
SAN JOSE, Calif. - A California federal judge on Jan. 10 ruled that claims for unpaid minimum and overtime wages, wage statement violations and violations of California's unfair competition law (UCL) are appropriate for class treatment in a lawsuit brought by Eddie Bauer LLC employees who allege that they were denied pay for time spent undergoing bag checks before they left the stores (Stephanie Heredia v. Eddie Bauer LLC, No. 16-6236, N.D. Calif., 2018 U.S. Dist. LEXIS 4747).



Domino's Franchisor Hit With Class Suit By Delivery Driver For Reimbursements
DENVER - A Domino's Pizza franchisor employs a flawed method to determine its per-trip reimbursement rate for its delivery drivers, causing their wages to fall below minimum wage during some or all workweeks, a former driver alleges in her class complaint filed Jan. 15 in the U.S. District Court for the District of Colorado (Kaylee Wilson, et al. v. DFL Pizza, LLC, No. 18-109, D. Colo.).



California Appeals Panel: Class Of Business Banking Officers Is Unmanageable
SAN FRANCISCO - U.S. Bank National Association (USB) business banking officers (BBOs) who claim that they were improperly classified as exempt employees under the outside salesperson exemption failed to show that their case is manageable as a class action, a California appellate panel ruled Jan. 17, affirming a trial court's ruling (Samuel Duran, et al. v. U.S. Bank National Association, No. A148817, Calif. App., 1st Dist., Div. 1, 2018 Cal. App. LEXIS 36).



Partial Disclosure Of Papa John's Consultant's Data Ordered In Drivers' Wage Suit
NEW YORK - Papa John's must turn over documents, except those protected by the attorney-client privilege, from a consultant hired, in part, to analyze alternative approaches to reimbursement of delivery driver vehicle expenses in a class complaint brought by drivers seeking compensation for under-reimbursed deliveries, a New York federal judge ordered Jan. 24 (William Durling, et al. v. Papa John's International, Inc., No. 16-3592, S.D. N.Y., 2018 U.S. Dist. LEXIS 11584).



Temporary Restraining Order Bars Communication With Class In Wage-And-Hour Suit
SAN DIEGO - A California federal judge on Jan. 17 granted a motion for a temporary restraining order (TRO) barring the defendants' counsel in a wage-and-hour suit from contacting potential class members, finding that there could be irreparable harm (Tyrell Glass, et al. v. FMM Enterprises, Inc., et al., No. 17-563, S.D. Calif., 2018 U.S. Dist. LEXIS 8364).



$1.6M Vita-Mix, Staffing Agency Wages Settlement Is Granted Final Approval
LOS ANGELES - A California federal judge on Jan. 25 rejected objections by an individual who was not a member of the class and granted final approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and a staffing company to end a class complaint by workers alleging that they were misclassified and denied overtime wages and benefits (Rainoldo Gooding, et al. v. Vita-Mix Corporation, et al., No. 16-3898, C.D. Calif., 2018 U.S. Dist. LEXIS 13252).



Class Of Wal-Mart Workers Certified In Suit Alleging Calif. Labor Code Violations
SAN JOSE, Calif. - A California federal judge on Jan. 9 certified a class of Wal-Mart employees suing for violations of the California Labor Code, including a claim that the employer failed to properly calculate overtime wages (Roderick Magadia v. Wal-Mart Associates. Inc., et al., No. 17-62, N.D. Calif., 2018 U.S. Dist. LEXIS 4715).



New Settlement Proposed In Former Jiffy Lube Technician's Wage Dispute
PHILADELPHIA - A former employee of Mid-Atlantic Lubes Inc., traded as Jiffy Lube, filed a new joint settlement agreement and petition for attorney fees on Jan. 19 in his wage lawsuit, 10 days after a Pennsylvania federal judge rejected the first proposed settlement for containing release provisions that were too broad (David Hoover, et al. v. Mid-Atlantic Lubes, Inc., et al., No. 16-64, E.D. Pa., 2018 U.S. Dist. LEXIS 7480).



Franchisors Object To Recommended Partial Judgment In Applebee's Wage Suit
BROOKLYN, N.Y. - Franchisors of Applebee's restaurants in the greater New York City area on Jan. 11 filed objections in the U.S. District Court for the Eastern District of New York to a magistrate judge's report and recommendation granting partial summary judgment and class certification to employees alleging that millions of dollars of wages were stolen from them (Carlos Marin, et al. v. Apple-Metro, Inc., et al., No. 12-5274, Shaunta Dove, et al. v. Apple-Metro, Inc., et al., No. 13-1417, E.D. N.Y.)



Jimmy John's Employee Files Class Suit Over Nonsolicitation Agreements
EAST ST. LOUIS, Ill. - Employee nonsolicitation and no-hire agreements between Jimmy John's restaurant franchisees have caused employees to suffer from reduced wages and benefits and diminished employment opportunities, a former employee alleges in his class complaint filed Jan. 24 in the U.S. District Court for the Southern District of Illinois (Sylas Butler, et al. v. Jimmy John's Franchise, LLC, et al., No. 18-1333, S.D. Ill.).



Medical Center Denied Costs After Winning Religious Bias Suit Over Flu Shot
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 18 denied Mercy Catholic Medical Center's bill of costs submitted after the appellate panel affirmed a ruling for the employer in an employee's religious bias lawsuit over a flu shot, finding that the bill was submitted too late (Paul Fallon v. Mercy Catholic Medical Center, et al., No. 16-3573, 3rd Cir.).



NYPD Reaches Settlement With Muslim Officer In Class Suit Over No Facial Hair Rule
NEW YORK - A New York City Police Department (NYPD) officer who sued his employer in a New York federal court over his suspension when he refused to shave his beard, citing religious reasons, moved for preliminary approval of a class action settlement on Jan. 2 after the NYPD agreed to change its policy and provide training on the new policy (Masood Syed, et al. v. City of New York, et al., No. 16-4789, S.D. N.Y.).



D.C. Circuit Denies Reconsideration Of Remand In Joint-Employer Case
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals in a Feb. 2 one-page order denied a motion by the International Brotherhood of Teamsters Local 350 seeking reconsideration of its Dec. 22 remand of an appeal concerning joint employment; the union argued that the sole basis for the decision - the National Labor Relations Board's recent decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) - is "defective" (Browning-Ferris Industries of California, Inc. v. National Labor Relations Board, Nos. 16-1028, 16-1063 and 16-1064, D.C. Cir.).



U.S. Supreme Court Won't Hear Airlines' Appeal Over Pilots' Seniority List
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 22 denied a petition for writ of certiorari filed by two merged airlines that were seeking reversal of a Sixth Circuit U.S. Court of Appeals ruling on a pilots' seniority list dispute (Flight Options, LLC, et al. v. International Brotherhood of Teamsters, Airline Division, et al., No. 17-748, U.S. Sup.).



Class Of Workers Alleges Collusion Between FCA And Auto Workers Union
ANN ARBOR, Mich. - FCA US LLC and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) colluded when FCA offered bribes and UAW accepted the bribes in exchange for company-friendly positions at the bargaining table and elsewhere, workers allege in a class complaint filed Jan. 26 in the U.S. District Court for the Eastern District of Michigan (Beverly L. Swanigan, et al. v. FCA US, LLC, No. 18-10319, E.D. Mich.).



NLRB Declines To Resolve Remaining Issue In 18-Year-Old Venetian, Union Dispute
WASHINGTON, D.C. - A three-member panel of the National Labor Relations Board on Feb. 5 declined to resolve the one remaining legal question in an unfair labor practices dispute brought against a Las Vegas casino stemming for an occurrence more than 18 years ago, finding that there has been no showing that the casino has repeated its unlawful conduct in the years that followed (Venetian Casino Resort, LLC and Local Joint Executive Board of Las Vegas, Culinary Workers Union, Local 226, et al., No. 28-CA-016000, NLRB).



4th Circuit Vacates Judgment For Virginia County In Firefighter's Title VII Suit
RICHMOND, Va. - A female firefighter may proceed with her harassment, discrimination and retaliation claims, a Fourth Circuit U.S. Court of Appeals panel ruled Jan. 30, vacating a trial court's summary judgment ruling for the employing Virginia county, finding that the plaintiff established a causal connection between her protected activities and adverse employment action (Magaly Hernandez v. Fairfax County, No. 17-1152, 4th Cir., 2018 U.S. App. LEXIS 2274).