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Preview: LexisNexis® Mealey's™ Employment Law Legal News

LexisNexis® Mealey's™ Employment Law Legal News



Headline Employment Law Legal News from LexisNexis®



 



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



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



NLRB Submits Correction To Supreme Court Following Class Action Waiver Arguments
WASHINGTON, D.C. - On Oct. 3, one day after the U.S. Supreme Court heard consolidated oral arguments for three cases addressing collective and class action arbitration waivers, general counsel for the National Labor Relations Board submitted a letter to the Supreme Court clerk correcting a portion of his oral arguments (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup.).



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



Supreme Court Won't Hear Chrysler Executives' Age Discrimination Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by former Chrysler Corp. executives who lost benefits under the company's retirement plan asking the high court to determine whether a state law age discrimination claim relating to employee benefits that is untimely under the Age Discrimination in Employment Act (ADEA) is preempted by the Employee Retirement Income Security Act (ERISA) (John Loffredo, et al. v. Daimler AG, et al., No. 16-1334, U.S. Sup.).



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



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



U.S. High Court Won't Review 5th Circuit Ruling Finding ADEA Bars Damages
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by an employee asking the high court to overturn a decision by the Fifth Circuit U.S. Court of Appeals holding that no damages beyond lost wages are available in retaliation cases under the Age Discrimination in Employment Act (ADEA) (Susan L. Vaughan v. Anderson Regional Medical Center, No. 16-1386, U.S. Sup.).



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



NLRB: SCOTUS Arbitration Precedent Doesn't Require Rejection Of Board's Ruling
WASHINGTON, D.C. - The U.S. Supreme Court's Federal Arbitration Act (FAA) precedent does not require that the high court reject a ruling by the National Labor Relations Board (NLRB) finding that individual arbitration agreements interfere with employees' rights to engage in concerted legal activity in violation of the National Labor Relations Act (NLRA), the NLRB argued in an Aug. 9 brief filed in the U.S. Supreme Court in one of three appeals, consolidated by the high court, that challenge the barring of class or collective action waivers in employment agreements (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup.).



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



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



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



7th Circuit: Transit Worker Failed To Show Ailments Were Disabilities
CHICAGO - A transit worker failed to include any specific medical conditions in his amended complaint alleging disability discrimination, a Seventh Circuit U.S. Court of Appeals panel ruled Sept. 1, upholding dismissal of his claims and adding that even if he had included those conditions, he failed to allege that they substantially limited any major life activities (Gregory Lee v. Chicago Transit Authority, No. 16-4116, 7th Cir., 2017 U.S. App. LEXIS 16836).



2nd Circuit: Board's Refusal To Reassign Amputee Teacher Wasn't Discriminatory
NEW YORK - A school board that ignored repeated requests by a teacher who is an amputee to reassign him to a higher grade so he wouldn't have to bend and squat and irritate lesions did not violate state or federal laws, a Second Circuit U.S. Court of Appeals panel ruled Aug. 21 (Jon Wenc v. New London Board of Education, No. 16-3171, 2nd Cir., 2017 U.S. App. LEXIS 15801).



7th Circuit Upholds Ruling For Cosmetology School In Wage Suit By Students
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Aug. 14 upheld a trial court's summary judgment ruling for a chain of cosmetology schools sued by a proposed class of students seeking wages for time spent in the schools' salons (Venitia Hollins v. Regency Corporation, et al., No. 15-3607, 7th Cir., 2017 U.S. App. LEXIS 15076).



Wage Class Suit Parties Ordered To Accept Surveys Filed Up To 1 Month Late
CLEVELAND - The parties in a class suit over the misclassification of door-to-door salespeople that ended with a jury finding for the plaintiffs on the issue of liability for unpaid wages must accept surveys regarding the hours the affected employees worked during the overtime pay period that were filed up to a month after the April 4 deadline, an Ohio federal judge ruled Aug. 10 (Davina Hurt, et al. v. Commerce Energy, Inc., et al., No. 12-758, N.D. Ohio, 2017 U.S. Dist. LEXIS 128850).



9th Circuit Seeks California High Court Ruling On Security Check Compensation
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 16 asked the California Supreme Court to decide whether time spent waiting for and undergoing exit searches is compensable under California Industrial Welfare Commission Wage Order No. 7 (Amanda Frlekin, et al. v. Apple, Inc., No. 15-17382, 9th Cir., 2017 U.S. App. LEXIS 15372).



Judge Remands UCL Claims Against Makers Of Feather Products To California Court
LOS ANGELES - After finding that the makers of down feather products failed to show that claims asserted by a former employer for violation of California's unfair competition law (UCL) and other causes of action did not meet the amount in controversy requirements to maintain federal jurisdiction, a California federal judge on Aug. 28 remanded the case to state court (Maria Serrano v. Pacific Coast Feather Cushion Co., et al., No. 17-4414, C.D. Calif., 2017 U.S. Dist. LEXIS 138153).



Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court
SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving that the amount in controversy exceeds $5 million (Eric Farley, et al. v. Dolgen California LLC, et al., No. 16-2501, E.D. Calif., 2017 U.S. Dist. LEXIS 126540).



Lyft Driver Files Class Complaint Alleging Underpaid Wages
TRENTON, N.J. - A driver for Lyft Inc., a transportation service ordered by customers via a mobile phone application, filed a class complaint on Aug. 15 in New Jersey federal court accusing Lyft of misrepresenting to drivers the fares being paid by riders and, as a result, paying drivers less than the amount to which they are contractually entitled (Keara Nieves, et al. v. Lyft, Inc., No. 17-6146, D. N.J.).



Massachusetts Federal Judge Upholds Arbitrator Ruling On Unit Franchisee's Status
BOSTON - A Massachusetts federal judge on Aug. 11 denied a cleaning franchisor's motion to vacate an arbitration award in favor of a man who claimed that he was misclassified as an independent contractor rather than an employee, saying that the arbitrator did not show evident partiality or exceed her powers (System4, LLC v. Luis Ribeiro, No. 17-10455, D. Mass., 2017 U.S. Dist. LEXIS 127901).



10th Circuit: Employer's New Theory Revives Unlawful Interference Claim
DENVER - An unlawful interference claim against an employer that was determined to be moot by a trial court may be revived when an employer asserts a new theory against the former employee that the Equal Employment Opportunity Commission regards as a continuation of the unlawful interference, a 10th Circuit U.S. Court of Appeals panel ruled Sept. 5 (Equal Employment Opportunity Commission v. CollegeAmerica Denver, Inc., No. 16-1340, 10th Cir., 2017 U.S. App. LEXIS 17094).



D.C. Circuit: No Entitlement To Union Rep At Peer-Review Hearings
WASHINGTON, D.C. - The National Labor Relations Board erred when it ruled that two nurses were entitled to the presence of a union representative at peer-review hearings, a split District of Columbia Circuit U.S. Court of Appeals panel ruled Aug. 18, granting in part a hospital's petition for review (Midwest Division - MMC, LLC v. National Labor Relations Board, Nos. 15-1312, 15-1359, D.C. Cir., 2017 U.S. App. LEXIS 15637).



Merged Funeral Homes Found To Be Single Employer, Ordered To Arbitrate
CHICAGO - Two funeral home companies that were owned by the same parties, merged and then ceased operations were a single employer and failed to show that the combined employees amounted to one individual, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 28, rejecting the employer's attempt to claim that it properly repudiated the collective bargaining agreement (CBA) under the National Labor Relation Board's "one-man unit rule" (Cremation Society of Illinois, Inc. v. International Brotherhood of Teamsters Local 727, No. 16-2322, 7th Cir., 2017 U.S. App. LEXIS 16449).



Split 3rd Circuit Finds Labor Board Applied Wrong Legal Test In LPN Status Dispute
PHILADELPHIA - A split Third Circuit U.S. Court of Appeals panel on Aug. 29 vacated an order by the National Labor Relations Board (NLRB), which found that a nursing home's licensed practical nurses (LPNs) were "reportorial" and could unionize, ruling that the NLRB applied the incorrect legal test that was at odds with the circuit's controlling precedent, NLRB v. Attleboro Associates, Ltd., 176 F.3d 154 (3d Cir. 1999) (National Labor Relations Board, et al. v. New Vista Nursing and Rehabilitation, No. 11-3440, New Vista Nursing and Rehabilitation, LLC v. National Labor Relations Board, et al., Nos. 12-1027 and 12-1936, 3rd Cir., 2017 U.S. App. LEXIS 16498).



7th Circuit: EEOC May Continue Investigation After Issuing Right-To-Sue Letter
CHICAGO - 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, a Seventh Circuit U.S. Court of Appeals ruled Aug. 15, noting that the matter was one of first impression for the circuit (Equal Employment Opportunity Commission v. Union Pacific Railroad Company, No. 15-3452, 7th Cir., 2017 U.S. App. LEXIS 15228).



Split 6th Circuit: No Difference Between Terminating Grievance, Holding In Abeyance
CINCINNATI - Termination of grievance proceedings has already been characterized, in EEOC v. SunDance Rehabilitation Corp., 466 F.3d 490, 498 (6th Cir. 2006), as an adverse employment action and because holding proceedings in abeyance is not materially different, a trial court erred in ruling for an employer in a case where an employee alleges that her grievance proceedings were improperly held in abeyance after she filed a charge with the Equal Employment Opportunity Commission, a split Sixth Circuit U.S. Court of Appeals panel ruled Sept. 1 (Joyce Watford v. Jefferson County Public Schools, No. 16-6183, 6th Cir., 2017 U.S. App. LEXIS 16876).



Court: Anti-Abortion Group Can't Claim ACA Birth-Control Mandate Exemption
PHILADELPHIA - A nonreligious employer whose sole mission is to offer abortion alternatives is not entitled to the same Patient Protection and Affordable Care Act (ACA) contraceptive mandate exemption provided to religious organizations, a majority of a Third Circuit U.S. Court of Appeals panel held Aug. 4 (Real Alternatives Inc., et al. v. Secretary Department of Health and Human Services, et al., No. 16-1275, 3rd Cir.; 2017 U.S. App. LEXIS 14361).



Judge: EEOC Employee Wellness Program Disclosure Rule Lacks Support
WASHINGTON, D.C. - The Equal Employment Opportunity Commission simply co-opted existing standards in concluding that a 30 percent incentive for disclosing certain protected information to employee health programs was not coercive rather than considering the impact the rule would have in different settings, a federal judge in the District of Columbia held Aug. 22 in remanding the rule for further consideration (AARP v. United States Equal Employment Opportunity Commission, No. 16-2113, D. D.C.; 2016 U.S. Dist. LEXIS 180612).



7th Circuit: Illinois Human Rights Act Preempts Employee's Emotional Distress Claim
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 28 upheld a trial court's summary judgment ruling for an employer on an employee's Illinois state law claim for intentional infliction of emotional distress, finding it preempted (Mary R. Richards v. U.S. Steel, No. 16-2436, 7th Cir., 2017 U.S. App. LEXIS 16369).



7th Circuit Upholds Firing Of HR Manager Who Hid Relationship With Subordinate
CHICAGO - A human resources manager who hid and then lied about her intimate relationship with an employee whom she helped hire and then supervise failed to show that gender discrimination and retaliation caused her firing rather than her false statements and other performance issues, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 31 (Jamie Owens v. Old Wisconsin Sausage Company, Incorporated, No. 16-3875, 7th Cir., 2017 U.S. App. LEXIS 16797).



5th Circuit Reinstates Fired Fire Chief's Due Process Claim
NEW ORLEANS - The fire chief of a Louisiana volunteer department may proceed with his procedural due process claim over his firing, a Fifth Circuit U.S. Court of Appeals panel ruled Sept. 5, finding that a trial court erred when it ruled at the summary judgment stage that an unexecuted contract was inadmissible (David S. Mauer v. Nicholas J. Muscarello, Sr., et al., No. 16-30673, 5th Cir., 2017 U.S. App. LEXIS 17142).



6th Circuit: Nursing Home's Management Company Isn't Liable For WARN Act Violations
CINCINNATI - A management company that was hired to turn around a nursing home suffering from health and safety violations, but failed to do so, is not liable for Worker Adjustment and Retraining Notification (WARN) Act violation claims brought by a class of employees because it was not the employer, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 18 (Debi McKinney, et al. v. Carlton Manor Nursing & Rehabilitation Center, Inc., et al., No. 16-3895, 6th Cir., 2017 U.S. App. LEXIS 15647).



8th Circuit: No Hostile Environment Where Employee Doesn't File Any Complaints
ST. LOUIS - An employee who exchanged "I love yous" with her superior and occasionally touched him in a platonic manner and failed to file any complaints about his conduct creating a hostile work environment until she filed a federal complaint against her employer after she resigned cannot now prove a hostile work environment claim, an Eighth Circuit U.S. Court of Appeals panel ruled Aug. 31 (Bobbette M. Blake v. MJ Optical, Inc., No. 16-3100, 8th Cir., 2017 U.S. App. LEXIS 16742).



Ohio Federal Judge Finds 'Fail-Safe' Class Is Impermissible In FMLA Suit
DAYTON, Ohio - An Ohio federal judge on Aug. 17 overruled a motion for class certification filed in a Family and Medical Leave Act (FMLA) suit by former transit employees, finding that the proposed class was an impermissible "fail-safe class" that couldn't be defined until after the case was resolved on its merits (Michele Wilkinson, et al. v. Greater Dayton Regional Transit Authority, No. 11-247, S.D. Ohio, 2017 U.S. Dist. LEXIS 131643).



Judge Won't Reconsider Ruling In Coke Ex-Employee's Suit Over Stolen Laptops
PHILADELPHIA - A former employee of The Coca-Cola Co. (Coke), who says his personally identifiable information (PII) was exposed when company laptops were stolen, failed to establish any errors that would justify reconsidering summary judgment for Coke on contractual claims related to the incident, a Pennsylvania federal judge ruled Aug. 30, allowing a March ruling to stand (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa., 2017 U.S. Dist. LEXIS 139525).



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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