Subscribe: LexisNexis® Mealey's™ Employment Law Legal News
http://feeds.feedburner.com/EmploymentLawLegalNews
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
app lexis  appeals panel  cir app  circuit court  circuit  claims  court appeals  court  federal  lexis  supreme court 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Employment Law Legal News

LexisNexis® Mealey's™ Employment Law Legal News



Headline Employment Law Legal News from LexisNexis®



 



U.S. High Court Hears Dodd-Frank Whistleblower Oral Arguments
WASHINGTON, D.C. - The statutory definition of whistleblower applies to the anti-retaliation provision of the Dodd-Frank Act, Kannon K. Shanmugam of Williams & Connolly in Washington, counsel for Digital Realty Trust Inc., told the U.S. Supreme Court justices during oral argument on Nov. 28 (Digital Realty Trust Inc. v. Paul Somers, No. 16-1276, U.S. Sup.).



Federal Circuit Finds Government Employee's Suspension Was Supported
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Nov. 17 affirmed a merit system board's decision to suspend a former employee for failure to use his government purchase credit card to make work-related purchases, finding that the employee's protected disclosures did not have an effect on the board's decision to suspend him (Rick D. Salerno v. Department of the Interior, No. 2017-1145, Fed. Cir., 2017 U.S. App. LEXIS 23137).



Petitioner To High Court: Abood Must Be Overruled
WASHINGTON, D.C. - Abood v. Detroit Board of Education, 431 U.S. 209 (1977), "is offensive to the First Amendment" and should be overruled, an employee challenging public-sector agency fees told the U.S. Supreme Court in his Nov. 29 petitioner brief (Mark Janus v. American Federation of State, County and Municipal Employees, Council 31, et al., No. 16-1466, U.S. Sup.).



Sexual Orientation Bias Respondents Tell High Court They Aren't Parties
WASHINGTON, D.C. - Georgia Regional Hospital at Savannah and three individuals who are the "named respondents" in a petition asking the U.S. Supreme Court to decide whether Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation told the high court in their Nov. 9 10-page response that they have never been served with process and "are not parties to the case required to take action in that capacity" (Jameka K. Evans v. Georgia Regional Hospital, et al., No. 17-370, U.S. Sup.).



EEOC Wins $55,000 For Employee In Agency's 1st Sexual Orientation Bias Suit
PITTSBURGH - A Pennsylvania pain management and weight loss services provider has been ordered to pay $55,000 in the Equal Employment Opportunity Commission's first sexual orientation discrimination lawsuit, the EEOC announced Nov. 27 (U.S. Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C., No. 16-225, W.D. Pa., 2017 U.S. Dist. LEXIS 189577).



9th Circuit: Workweek Average To Reach Pay Rate Doesn't Violate FLSA
SEATTLE - An employer's use of a workweek average to arrive at the appropriate pay rate for employees doesn't violate the Fair Labor Standards Act (FLSA) as it provides employees with wages that meet the minimum wage, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 15, noting that whether the employees have a contract claim is beyond the scope of the interlocutory appeal (Kristy Douglas, et al. v. Xerox Business Services, LLC, et al., No. 16-35425, 9th Cir., 2017 U.S. App. LEXIS 22967).



1st Circuit: No Arbitration Of Wage Dispute Where Worker Didn't Sign Agreement
BOSTON - A delivery company has no right to demand arbitration in a proposed class action wage dispute when the lead named plaintiff never signed the agreement containing the arbitration clause the company is now calling upon, a First Circuit U.S. Court of Appeals panel ruled Nov. 21 (Djamel Ouadani, et al. v. TF Final Mile LLC, f/k/a Dynamex Operations East, LLC, No. 17-1583, 1st Cir., 2017 U.S. App. LEXIS 23493).



Split 6th Circuit Panel Rules On Which Staffing Agency Positions Are Exempt
CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals panel on Nov. 20 issued a decision partially reinstating wage claims brought by staffing agency employees who allege that they were improperly treated as exempt from overtime under the Fair Labor Standards Act (FLSA) (Judith Perry, et al. v. Randstad General Partner [US] LLC, No. 16-1010, 6th Cir., 2017 U.S. App. LEXIS 23297).



Magistrate Approves Modified Settlement Agreement In FLSA Dispute With Franchisor
ROCHESTER, N.Y.- A federal magistrate judge in New York on Dec. 1 approved employees' motion for final approval of a modified $1.7 million class action settlement that increased the payout to the class members in a lawsuit alleging that their franchisor and franchisee employers violated the Fair Labor Standards Act (FLSA), further granting the plaintiffs' motion for attorney fees that awards the attorneys 44 percent less than the original proposal (Adam Cunningham, et al. v. Suds Pizza, Inc., et al., No. 15-6462, W.D. N.Y., 2017 U.S. Dist. LEXIS 198250).



Amazon Fulfillment Center Fails To Provide Full Pay, Breaks, Class Suit Alleges
SACRAMENTO, Calif. - A Sacramento fulfillment center for Amazon.com regularly schedules employees to work shifts that are 10 hours or longer and fails to provide the workers with pay for their entire shifts and a third rest break, one of the employees alleges in a class complaint filed Nov. 27 in the Sacramento County Superior Court, alleging various state law violations, including violation of the unfair competition law (UCL) (Romeo Palma, et al v. Golden State FC, LLC dba Amazon.com, et al., No. 34-2017-00222744-CU-OE-GDS, Calif. Super., Sacramento Co.).



2 Of 3 Joint Employers Will Pay $5.6 Million To Settle Class' Wage Claims
SAN FRANCISCO - A California federal magistrate judge on Nov. 27 granted preliminary approval of a $5.6 million settlement to be paid by two of three joint employers to end wage-and-hour claims brought by a class of workers, finding the settlement terms fair and reasonable and free of obvious deficiencies (Earl Fronda v. Staffmark Holdings, Inc., et al., No. 15-2315, N.D. Calif., 2017 U.S. Dist. LEXIS 194514).



Starbucks Meal Break Class Suit Survives Dismissal Motion Despite Delay In Service
SAN DIEGO - A California federal judge on Nov. 21 declined to dismiss a class suit challenging Starbucks Corp.'s meal break practice despite a months-long delay in serving the summons on the defendant, finding that the delay was not so long as to warrant dismissal (Kileigh Carrington, et al. v. Starbucks Corporation, et al., No. 16-3074, S.D. Calif., 2017 U.S. Dist. LEXIS 192892).



Arbitration Ordered In Starbucks Barista's Unpaid Wages Class Suit
NEW YORK - A New York federal judge on Nov. 17 ordered arbitration of a Starbucks Corp. barista's claims that she was made to work numerous hours off the clock but denied a motion to dismiss her class and collective claims because no motion for class or collective certification is pending (Ebony Armstead v. Starbucks Corporation, No. 17-1163, S.D. N.Y., 2017 U.S. Dist. LEXIS 190748).



California Federal Judge: Collective, Class Certification Motions Should Both Be Filed
SAN FRANCISCO - A California federal judge on Nov. 10 held in abeyance a motion for collective certification under the Fair Labor Standards Act (FLSA) filed by a property appraiser alleging that he and others have been misclassified and denied overtime wages and ruled that the plaintiff may renew his motion when he files for class certification of his state law claims (Som Swamy, et al. v. Title Source, Inc., No. 17-1175, N.D. Calif., 2017 U.S. Dist. LEXIS 186535).



Court Finds UCL, Labor Code Claims Are Not Subject To Arbitration
SAN FRANCISCO - A California appeals court on Nov. 15 found that an employee's claims for violation of the California Labor Code and California's unfair competition law (UCL) were excluded from a mandatory arbitration provision, affirming a court's decision refusing to compel arbitration of the claims (Christopher Silva v. Fry's Electronics Inc., No. A146622, Calif. App., 1st Dist., Div. 4, 2017 Cal. App. Unpub. LEXIS 7875).



Class Suit Seeks Damages From Weinstein Co., Harvey Weinstein For Harassment
LOS ANGELES - A class complaint filed Nov. 15 in a California federal court by a plaintiff referred to only as Jane Doe 1 seeks damages from The Weinstein Company Holdings LLC (TWC), Miramax LLC, Harvey Weinstein and unnamed John Does for Harvey Weinstein's alleged widespread sexual harassment and rape of women in the film and television industry (Jane Doe 1, et al. v. The Weinstein Company Holdings, LLC, et al., No. 17-8323, C.D. Calif.).



Plaintiffs Sufficiently Proved Franchisor Is Vicariously Liable In Discrimination Suit
PITTSBURGH - A Pennsylvania federal judge on Nov. 8 denied a motion to dismiss filed by the defendants in a sexual harassment and gender discrimination suit after determining that the plaintiff sufficiently proved that the franchisor was vicariously liable for the franchisee's actions because the franchisor controlled the franchisee's store where the plaintiff worked through its policies, regulations and procedures (Hannah Harris v. Midas, et al., No. 17-95, W.D. Pa., 2017 U.S. Dist. LEXIS 184765).



1st Circuit: Paramedic Didn't Show Her Treatment Created A Hostile Environment
BOSTON - A paramedic who claims that she was subjected to a hostile work environment failed to show that her timely claims - her employer's unwillingness to actively pursue a Facebook perpetrator and to reimburse her costs associated with renewing her licenses - were sufficient evidence of a severe or pervasive environment, a First Circuit U.S. Court of Appeals panel ruled Nov. 21 (Maribel Maldonado-Catala v. Municipality of Naranjito, et al., No. 16-1637, 1st Cir., 2017 U.S. App. LEXIS 23494).



Uber Hit With Class Suit For Alleged Harassment, Assaults By Drivers
SAN FRANCISCO - Uber Technologies Inc. has failed to perform adequate background checks on its drivers prior to hiring and has failed to monitor them after hiring, resulting in passengers - primarily females - suffering sexual harassment and assaults, two unnamed Jane Does allege in a Nov. 14 class complaint filed in a California federal court alleging violations of the Unfair Fraudulent and Unfair Business Practices Act and the Consumer Legal Remedies Act (CLRA) (Jane Doe 1, et al. v. Uber Technologies, Inc., No. 17-6571, N.D. Calif.).



U.S. High Court Denies Pro Se Petition By Casino Worker Alleging Harassment
WASHINGTON, D.C. - A Las Vegas casino worker who filed a second pro se complaint against her employer alleging harassment after her first was dismissed with prejudice failed to convince the U.S. Supreme Court to hear her appeal; her petition was denied Dec. 4 (Adrienne A. Burch v. Bellagio Hotel and Casino, LLC, et al., No. 17-454, U.S. Sup.).



3rd Circuit Overturns Barnes, Issues New Ruling On Seafarers' Contracts
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel of 12 judges on Dec. 4 overruled its decision in Barnes v. Andover Co., L.P. and held that where a seafarer freely enters a union contract, courts may not review that contract piecemeal unless there is evidence that the collective bargaining process was unfair (James L. Joyce v. Maersk Line Ltd., No. 16-3553, 3rd Cir., 2017 U.S. App. LEXIS 24433).



U.S. High Court Won't Review If RLA Or NLRA Governs Fuel Service Provider
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 13 denied a petition for writ of certiorari filed by a commercial airline fuel service provider that changed course midway through challenging a unionization attempt by its employees and sought to argue that it is governed by the Railway Labor Act (RLA), not the National Labor Relations Act (NLRA) (Allied Aviation Service Company of New Jersey v. National Labor Relations Board, No. 17-442, U.S. Sup.).



6th Circuit Rejects Board's Attempt To Protect Leave For Off-Duty Illnesses
CINCINNATI - A retaliation clause in the Federal Railroad Safety Act (FRSA) located within an amendment regarding "prompt medical attention" does not provide sick leave to railroad employees for off-duty injuries and illnesses, a Sixth Circuit U.S. Court of Appeals panel majority ruled Nov. 20, noting that the Department of Labor's Administrative Review Board (ARB) continues to try to provide such protection to employees "despite having had its position derailed by every federal court to date" (Grand Trunk Western Railroad Company v. United States Department of Labor, Administrative Review Board, No. 17-3083, 6th Cir., 2017 U.S. App. LEXIS 23279).



Dave & Buster's $7.4M ERISA Settlement Denied By New York Federal Judge
NEW YORK - A New York federal judge, in an order filed Dec. 1, declined preliminary approval of a class settlement worth up to $7,425,000 offered by Dave & Buster's Inc. to end claims that the nationwide restaurant/entertainment chain violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA) (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15-3608, S.D. N.Y.).



Panel: Employee Fired For Pro-Trump Tweet Wrongly Denied Unemployment Benefits
HARRISBURG, Pa. - A Pennsylvania appellate panel on Nov. 13 found that an employee's tweet, which led to her dismissal, did not violate her employer's social media policy and, thus, did not constitute willful misconduct to disqualify her from receiving unemployment compensation (UC) benefits (Waverly Heights Ltd. v. Unemployment Compensation Board of Review, No. 312 CD 2017, Pa. Cmwlth.).



U.S. Supreme Court Won't Hear Class's Lifetime Health Benefits Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 27 denied a petition for writ of certiorari filed by retirees representing a class of approximately 2,900 individuals and seeking to reverse a decision by the Sixth Circuit U.S. Court of Appeals, which held that a series of collective bargaining agreements (CBAs) did not provide retired employees of an employer and its predecessors with a vested right to lifetime health care benefits (Robert Cole, et al. v. Meritor, Inc., et al., No. 17-413, U.S. Sup.).



U.S. Supreme Court Won't Rule On USERRA Actions In State Court
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 4 denied a petition for writ of certiorari filed by a Virginia state police trooper who claims that he was improperly denied a promotion due to his military service (Jonathan R. Clark v. Virginia Department of State Police, No. 16-1043, U.S. Sup.).



1st Circuit Panel Finds Muslim School Teacher Failed To Prove Religious Bias
BOSTON - A school teacher who converted to Islam the same year she began teaching in a Massachusetts city and alleges that more than a decade later she became the target of hostile treatment after she started wearing a headscarf at work failed to show that the city's reasons for her adverse employment actions were pretext for discrimination, a First Circuit U.S. Court of Appeals panel ruled Dec. 4 (Debra Cherkaoui v. City of Quincy, No. 16-2304, 1st Cir., 2017 U.S. App. LEXIS 24423).



Judge Finds Hong Kong Forum No Longer Exists, Refuses To Compel Arbitration
LOS ANGELES - After finding that an agreement to arbitrate an employment dispute in Hong Kong involved a forum that is no longer available, a California federal judge on Nov. 17 refused to compel arbitration of the dispute (Alexander Mirza v. Cachet Hotel Group Limited Cayman L.P., et al., No. 2:17-CV-07140, C.D. Calif., 2017 U.S. Dist. LEXIS 190833).



6th Circuit Upholds Ruling For GM In Employee's Religious Bias Suit
CINCINNATI - An employee who was suspended after allegedly threatening his supervisor failed to show that the employer's given reason was pretextual and that the real reason was because of his religious beliefs that prevented him from working on Saturdays, his degenerative joint disease and an earlier retaliation claim he filed with the Equal Employment Opportunity Commission, a Sixth Circuit U.S. Court of Appeals panel ruled Dec. 1 (Clayton Pierce v. General Motors LLC, et al., No. 16-2748, 6th Cir., 2017 U.S. App. LEXIS 24344).



Fire Chief's Testimony Tossed In Paramedic's Wrongful Termination Suit
SAN ANTONIO - A paramedic challenging his firing was successful in getting a fire chief's expert testimony excluded from the case when a Texas federal judge ruled Nov. 13 that the chief's testimony is not relevant and would not be helpful to a jury (Bryan Brightwell v. Bandera County, No. 5:16-cv-1216, W.D. Texas, 2017 U.S. Dist. LEXIS 186730).



Employer's Collection Of Biometric Data Violates Illinois Law, Class Suit Claims
CHICAGO - The owner of assisted living facilities violates the Illinois' Biometric Information Privacy Act (BIPA) by collecting biometric data, one former employee alleges in a class complaint filed Nov. 14 in the Cook County, Ill., Circuit Court (Jonnae Taylor, et al. v. Sunrise Senior Living Management, Inc., et al., No. 2017-CH-15152, Ill. Cir., Cook Co., Chancery Div.).



7th Circuit Won't Reconsider Ruling In Appeal Over EEOC's Continued Investigation
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Nov. 21 denied a petition rehearing en banc filed by Union Pacific Railroad Co. after the appellate panel ruled in August that the Equal Employment Opportunity Commission may continue investigating an employer by seeking enforcement of its subpoena even after issuing a right-to-sue notice to the charging individuals and the dismissal of those individuals' lawsuit (Equal Employment Opportunity Commission v. Union Pacific Railroad Company, No. 15-3452, 7th Cir., 2017 U.S. App. LEXIS 23644).



Split 7th Circuit Denies Rehearing En Banc In EEOC Racial Bias Suit
CHICAGO - A split Seventh Circuit U.S. Court of Appeals panel on Nov. 21 denied a petition for rehearing en banc in a racial bias lawsuit brought by the Equal Employment Opportunity Commission under a little-used statute on behalf of a sales manager who claimed that he was transferred out of a particular store because he was a different race than the surrounding neighborhood (United States Equal Employment Opportunity Commission v. AutoZone, Inc., et al., No. 15-3201, 7th Cir., 2017 U.S. App. LEXIS 23704).



10th Circuit Partially Reinstates Supervisor's Bias Claims For Denied Promotion
DENVER - A former warehouse supervisor may proceed with claims that he was denied promotion to one of two manager positions in April 2012 based on his race, a 10th Circuit U.S. Court of Appeals panel ruled Nov. 24, reversing in part a district court's summary judgment ruling for his former employer (Abiodun Sotunde v. Safeway, Inc., No. 16-1494, 10th Cir., 2017 U.S. App. LEXIS 23790).



4th Circuit: Airline Agent Failed To Prove Any Bias In His Firing After An Error
RICHMOND, Va. - An airline ground control agent, who was already on the final level of discipline and contributed to a communication breakdown that led to the overbooking of a plane and resulting delay, was unable to show that his termination was due to age or race discrimination, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 28 in an unpublished opinion (Michael Tillery v. Piedmont Airlines, Inc., No. 16-2225, 4th Cir., 2017 U.S. App. LEXIS 24074).



5th Circuit Upholds Ruling For Landscaping Company Accused Of Retaliatory Firing
NEW ORLEANS - A landscaping supervisor who alleges that he was terminated after alleging that he was shorted pay failed to show that he engaged in any activities protected by Title VII of the Civil Rights Act of 1964, a Fifth Circuit U.S. Court of Appeals panel ruled Nov. 28, affirming the summary judgment ruling for the employer (Derrick Allen v. Envirogreen Landscape Professionals, Incorporated, No. 16-31247, 5th Cir., 2017 U.S. App. LEXIS 23987).



New Jersey Panel OKs Discovery Of Employee Files Without In Camera Review
TRENTON, N.J. - In light of an existing protective order, a New Jersey appeals panel on Nov. 22 found no error in a trial court's order compelling production of employee records in a wrongful discharge case without first reviewing them in camera, ruling that the protection of such privacy concerns are determined on a case-by-case basis (Louis Narvaez v. New Jersey Judiciary, Vicinage 4, No. A-3166-16T1, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 2920).



California Company To Pay $105,000 To Settle EEOC Equal Pay Suit
LOS ANGELES - A Santa Ana, Calif.-based business will pay $105,000 to end claims that it paid a female sales representative less than her male co-worker, the Equal Employment Opportunity Commission announced Nov. 15, one day after the consent decree of order was filed in the U.S. District Court for the Central District of California (U.S. Equal Employment Opportunity Commission v. Spec Formliners, Inc., et al., No. 16-2066, C.D. Calif., 2017 U.S. Dist. LEXIS).



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.).