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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



U.S. Supreme Court Accepts, Consolidates 3 Class Action Waiver Suits
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 granted petitions for writ of certiorari filed in three cases challenging the barring of class or collection action waivers in employment agreements, consolidated the three cases and granted a total of one hour for oral arguments (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup.).



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



1-800-Flowers Subsidiary That Issues Paychecks Is Dismissed From Wage Suit
DAYTON, Ohio - A motion to dismiss filed by a subsidiary of 1-800-Flowers.com Inc. that issued paychecks to the lead plaintiffs in a wage-and-hour class complaint was granted Jan. 23 by an Ohio federal judge, who found that the court lacks personal jurisdiction (Pamela Rodkey, et al. v. 1-800 Flowers Team Services, Inc., et al., No. 16-311, S.D. Ohio, 2017 U.S. Dist. LEXIS 9007).



California Federal Judge: Local Controversy Exception Doesn't Apply To Wage Suit
SAN FRANCISCO - A California man who filed a wage-and-hour class complaint against his former employer in state court failed to show, when requesting remand after the case was removed to federal court pursuant to the Class Action Fairness Act (CAFA), that the local controversy exception applied, a California federal magistrate judge ruled Jan. 25 (Henry Hernandez v. Sysco Corporation, et al., No. 16-6723, N.D. Calif., 2017 U.S. Dist. LEXIS 10538).



Former 49ers Cheerleader Sues NFL, Teams for Alleged Wage Suppression
SAN FRANCISCO - A former cheerleader for the San Francisco 49ers, identified only as Jane Doe, filed a lawsuit Jan. 31 in the U.S. District Court for the Northern District of California accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders while the salaries for the football players have "skyrocketed" (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif.).



Colorado Federal Judge: Wage Settlement Has Not Been Shown To Be Reasonable
DENVER - A Colorado federal judge on Jan 9 denied a motion for approval of a $275,000 wage-and-hour class settlement agreement, finding that the parties have failed to show whether the amount is reasonable or unreasonable (Domingo Ruiz, et al. v. Act Fast Delivery of Colorado, Inc., et al., No. 14-870, D. Colo.; 2017 U.S. Dist. LEXIS 4821).



Approval Of Wage Class Settlement Denied; Evaluation Of Recovery Requested
NEW YORK - A New York federal judge on Jan. 12 denied preliminary approval of a $290,000 wage-and-hour settlement, finding that the parties failed to provide an evaluation of the range of reasonable recoveries (Sean Patterson, et al. v. Premier Construction Co. Inc., et al., No. 15-662, E.D. N.Y.; 2017 U.S. Dist. LEXIS 4845).



7th Circuit: Vacation Pay Class Suit's Lack Of Common Question Is Fatal
CHICAGO - Two former restaurant workers who filed a class complaint against their employer alleging that they were denied pro rata vacation pay upon separation failed to provide a common question, and so the trial court properly denied their motion for class certification, a Seventh Circuit U.S. Court of Appeals panel ruled Jan. 5 (Demiko McCaster, et al. v. Darden Restaurants, Inc., et al., No. 15-3258, 7th Cir.; 2017 U.S. App. LEXIS 213).



4th Circuit Reinstates Cable Technicians' Wage-And-Hour Claims
RICHMOND, Va. - Cable technicians who install and repair DIRECTV LLC satellite systems have stated a plausible claim that they are jointly employed by DIRECTV and a home service provider, the Fourth Circuit U.S. Court of Appeals ruled Jan. 25, reinstating wage-and-hour claims brought by the technicians (Marlon Hall, et al. v. DIRECTV, LLC, et al., No. 15-1857, Jay Lewis, et al. v. DIRECTV, LLC, et al., No. 15-1858, 4th Cir., 2017 U.S. App. LEXIS 1320).



Florida Federal Judge OKs $6,000 Payout To Plaintiff In Failed Subway Class Action
MIAMI - A Florida federal judge on Jan. 3 approved a $6,000 settlement payout to one of the plaintiffs involved in a failed attempt to get approval for certification of a collective action under the Fair Labor Standards Act (FLSA) to create an FLSA class of "store managers" working at Subway franchises owned and operated by the same person (Yirandi Aguiar, et al. v. Subway 39077 Inc., et al., No. 16-23399-Civ, S.D. Fla.).



MetLife Claim Specialists Sue For More Than $50M In Overtime Wages
NEW HAVEN, Conn. - A former insurance company long-term disability (LTD) claim specialist filed a nationwide class complaint Feb. 7 in the U.S. District Court for the District of Connecticut seeking more than $50 million from her former employer and two of its subsidiaries for unpaid overtime (Stephanie McKinney v. MetLife, Inc., et al., No. 17-173, D. Conn.).



States Urge 5th Circuit To Uphold Injunction Barring DOL Wage Rule
NEW ORLEANS - The state of Nevada and 20 other states filed a brief Jan. 17 asking the Fifth Circuit U.S. Court of Appeals to uphold a nationwide preliminary injunction barring the U.S. Department of Labor (DOL) wage rule that was to increase the minimum salary level for executive, administrative and professional (EAP) employees who are exempt from receiving overtime pay from $23,660 per year to $47,892 per year (State of Nevada, et al. v. United States Department of Labor, et al., No. 16-41606, 5th Cir.).



Magistrate Judge: Migrant Tobacco Workers To Be Deposed In Mexico
LOUISVILLE, Ky. - A federal magistrate judge in Kentucky on Feb. 3 found that the owners of a tobacco farm who were sued for allegedly violating federal work visa laws will not face an undue hardship by having to depose a group of migrant workers in Mexico, denying the owners' motion for a protective order that would prohibit the depositions from taking place in Mexico (Martin Rico Murillo, et al. v. Tracy Dillard, et al., No. 1:15-CV-00069, W.D. Ky., 2017 U.S. Dist. LEXIS 15391).



NLRB General Counsel Issues Memo Addressing Employee Status At Universities
WASHINGTON, D.C. - National Labor Relations Board General Counsel Richard F. Griffin Jr. issued a memorandum on Jan. 31 regarding employee status in university settings and in that memo stated "that application of the statutory definition of employee and the common-law test lead to the conclusion that Division I FBS scholarship football players are employees under the NLRA [National Labor Relations Act]."



U.S. Supreme Court Accepts FELA Jurisdiction Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 agreed to hear the appeal of two consolidated personal injury cases in which the employer, BNSF Railway Co., has asked the high court to decide whether a state court may decline to follow the decision in Daimler AG v. Bauman (134 S. Ct. 746 [2014]) in a lawsuit against an American defendant under the Federal Employers' Liability Act (FELA) (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).



Pennsylvania High Court Dismisses Joint Employer Appeal As 'Improvidently Granted'
HARRISBURG, Pa. - In a one-sentence per curiam opinion, the Pennsylvania Supreme Court on Dec. 16 dismissed as 'improvidently granted" an appeal of an appellate ruling that Saladworks LLC is not a joint employer of a franchisee's worker who was injured on the job under state workers' compensation law (Saladworks LLC, et al. v. Workers' Compensation Appeals Board, et al., No. 52 MAP 2016, Pa. Sup., Middle Dist.).



9th Circuit: Employer Willfully Violates FCRA With Waiver And Disclosure
SAN FRANCISCO - An employer that includes a disclosure required by the Fair Credit Reporting Act (FCRA) in the same document as a liability waiver willfully violates the FCRA, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 20 in a case that it noted presented a question of first impression (Sarmad Syed, et al. v. M-I, LLC, et al., No. 14-17186, 9th Cir.; 2017 U.S. App. LEXIS 1029).



Officer's DPPA Claims Barred By Statute Of Limitations, 11th Circuit Affirms
MIAMI - A former law enforcement officer's privacy claims under the Driver's Privacy Protection Act (DPPA) and related civil rights claims were properly dismissed as barred by the statute of limitations, an 11th Circuit U.S. Court of Appeals panel ruled Jan. 9, finding that the claims accrued on the date that the purported violations occurred (Shaun Foudy, et al. v. Indian River County Sheriff's Office, et al., No. 15-14646, 15-14659 and 15-15015, 11th Cir.; 2017 U.S. App. LEXIS 369)



Some Phone Record Info Deemed Discoverable In FLSA Overtime Class Action
LAS CRUCES, N.M. - In a Jan. 24 order, a New Mexico federal magistrate judge found that limited non-private information about employees' cell phones and devices was discoverable in their overtime class action against their former employer brought under the Fair Labor Standards Act (FLSA), leading the magistrate to grant in part the defendant's motion to compel responses to two interrogatories (Jarrod B. Foster v. Nova Hardbanding LLC, et al., No. 2:15-cv-01047, D. N.M.; 2017 U.S. Dist. LEXIS 9835).



11th Circuit: Community Service Board Is Not Immune From Age Bias Claim
ATLANTA - A Georgia community service board (CSB) must face a former employee's age bias suit as it is not an "arm of the State" for federal sovereign immunity purposes, an 11th Circuit U.S. Court of Appeals panel ruled Jan. 26 in a per curiam, unpublished opinion (Gloria Jane Miller v. Advantage Behavioral Health Systems, No. 15-15496, 11th Cir., 2017 U.S. App. LEXIS 1369).



11th Circuit Finds Fired Employee's Email Access Violated CFAA, SCA
MIAMI - Concluding that a former employee was properly terminated for cause, an 11th Circuit U.S. Court of Appeals panel on Jan. 25 ruled that he violated both the Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) by accessing the emails of other employees without authorization (Brown Jordan International Inc., et al. v. Christopher Carmicle, No. 16-11350, 11th Cir.; 2017 U.S. App. LEXIS 1310).



Pennsylvania School Bus Driver Alleges Fingerprinting Violates Religious Beliefs
JOHNSTOWN, Pa. - A Pennsylvania school bus driver filed a lawsuit in a Pennsylvania federal court on Jan. 12 against her former employer, alleging religious discrimination after she was fired for refusing to provide her fingerprints as part of a criminal background check (Bonnie F. Kaite v. Altoona Student Transportation, Inc., No. 17-05, W.D. Pa.).



9th Circuit Reinstates Suit By Worker Fired For Stealing Cake
SEATTLE - A grocery store supervisor who was fired for taking cake from the bakery to entice workers to stay late, despite her claims that she was given permission to do so, may proceed with her lawsuit alleging gender bias, benefits and wage claims, a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 3, reversing a trial court's summary judgment ruling in favor of the employer (Katie Mayes, et al. v. WinCo Holdings, Inc., No. 14-35396, 9th Cir.; 2017 U.S. App. LEXIS 1968).



High Court Asks Government To Express Views In ERISA Indemnification Case
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 asked the U.S. solicitor general to file a brief expressing the government's views in a case that asks whether the Employee Retirement Income Security Act permits a cause of action for indemnity or contribution by a person found liable for breach of fiduciary duty (David B. Fenkell v. Alliance Holdings Inc., et al., No. 16-473, U.S. Sup.).



3rd Circuit: 50-And-Older Age Bias Subgroup Is Allowed Under ADEA
PHILADELPHIA - A trial court erred when it ruled that a disparate-impact claim is not cognizable where a subgroup comprises workers 50 years old and older, a Third Circuit U.S. Court of Appeals panel ruled Jan. 10 in an opinion in which it also vacated the exclusion of testimony by the plaintiffs' statistics expert and remanded for further Daubert proceedings (Rudolph A. Karlo, et al. v. Pittsburgh Glass Works, LLC, No. 15-3435, 3rd Cir.; 2017 U.S. App. LEXIS 406).



Wal-Mart Agrees To Pay $7.5 Million To Settle Gay Workers' Benefits Suit
BOSTON - Wal-Mart Stores Inc. has agreed to pay $7.5 million to settle class claims alleging that the retailer unlawfully denied health benefits to the spouses of employees who are in same-sex marriages, according to a motion for preliminary approval of class action settlement filed Dec. 2 in the U.S. District Court for the District of Massachusetts (Jacqueline A. Cote, et al. v. Wal-Mart Stores, Inc., No. 15-12945, D. Mass.).



4th Circuit Upholds Requirement Of Proof Of Marriage For Health Insurance Coverage
RICHMOND, Va. - A Baltimore employee failed to show that the city's requirement that employees submit proof of marriage for their spouses to be eligible for health insurance coverage violates state or federal law, a Fourth Circuit U.S. Court of Appeals panel ruled Jan. 4, upholding a trial court's dismissal of an employee's complaint (Adris Abdus-Shahid, et al. v. Mayor and City Council of Baltimore, No. 15-2181, 4th Cir.; 2017 U.S. App. LEXIS 118).



Judgment Against Staffing Agency On Canceled Insurance, COBRA Claims Upheld
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Dec. 30 affirmed an award of $325,000 in damages for a sales manager who claimed that he was subjected retaliatory cancellation of health insurance and was not properly notified of right to continuation of coverage under Comprehensive Omnibus Budget Reconciliation Act (COBRA) (Sam A. Virciglio v. Work Train Staffing LLC, et al., No. 15-10421, 11th Cir.; 2016 U.S. App. LEXIS 23422).



3rd Circuit: Proof Of Qualifications Not Needed To Meet Initial USERRA Burden
PHILADELPHIA - A plaintiff bringing suit under the Uniformed Services Employment and Reemployment Rights Act (USERRA) does not need to plead or prove that he or she is objectively qualified for the position being sought in order to meet the initial burden under the Act, a Third Circuit U.S. Court of Appeals panel ruled Dec. 12 (Anthony J. Carroll v. Delaware River Port Authority, No. 16-2492, 3rd Cir.; 2016 U.S. App. LEXIS 21993).



4th Circuit: USERRA Can't Be Basis For Claims Occurring After Re-Employment
RICHMOND, Va. - A veteran who claims that she was improperly re-employed by a Virginia school board can't use Section 4313 of the Uniformed Services Employment and Reemployment Rights Act (USERRA) as the basis for her claims involving acts occurring after she was re-employed and has no other available remedies, the Fourth Circuit U.S. Court of Appeals ruled Dec. 21, affirming a trial court's summary judgment ruling for the school board (Dianne L. Butts v. Prince William County School Board, No. 15-1989, 4th Cir.; 2016 U.S. App. LEXIS 22904).



Sovereign Immunity For Tribal Casino Limo Driver Debated In Supreme Court
WASHINGTON, D.C. - Not allowing non-Indians who were injured as a result of a tribal employee's negligence miles away from a reservation a remedy except what the tribe chooses to provide in tribal court "represents an extraordinary and unwarranted expansion of tribal immunity," an attorney for a couple injured by a limousine driver for a Native American casino told the U.S. Supreme Court Jan. 9 (Brian Lewis and Michelle Lewis v. William Clarke, No. 15-1500, U.S. Sup.).



U.S. High Court To Decide Circuit Split On EEOC Subpoena Review
WASHINGTON, D.C. - Oral arguments before the U.S. Supreme Court are scheduled for Feb. 21 in the appeal of a pregnancy discrimination suit challenging the Ninth Circuit U.S. Court of Appeals' application of a de novo standard of review to a trial court's determination of relevance of information sought by an Equal Employment Opportunity Commission subpoena (McLane Company, Inc. v. Equal Employment Opportunity Commission, No. 15-1248, U.S. Sup.).



9th Circuit: Congress Didn't Mean For Service Advisers To Fall Under Pay Exemption
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Jan. 9, on remand from the U.S. Supreme Court, affirmed in part and reversed in part a trial court's dismissal of an action bought under the Fair Labor Standards Act (FLSA) against an automobile dealership, holding that Congress never intended for the service advisers to be exempted from receiving overtime pay (Hector Navarro, et al. v. Encino Motorcars, LLC, No. 13-55323, 9th Cir.; 2017 U.S. App. LEXIS 344).



U.S. Supreme Court Grants Writ, Vacates Judgment In Wage Dispute
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 12 granted a petition for writ of ceritoriari and vacated for further consideration, in light of Tyson Foods, Inc. v. Bouaphakeo (577 U.S. ___ [2016]), a decision by a divided Sixth Circuit U.S. Court of Appeals panel in which it upheld the collective certification of a class of cable technicians, the use of representative testimony and the use of an estimated-average approach but reversed as to the damages, finding that they were miscalculated (FTS USA LLC, et al. v. Edward Monroe, et al., No. 16-204, U.S. Sup.).



California Piece-Rate Pay Carve-Outs May Be Challenged By 2 Businesses
SAN FRANCISCO - Two California corporations may proceed with their claim that the sole purpose of "carve-outs" included in a California wage bill was to garner union support in violation of the U.S. Constitution's equal protection clause, a Ninth Circuit U.S. Court of Appeals panel ruled Dec. 20 (Fowler Packing Company, Inc., et al. v. David M. Lanier, et al., No. 16-16236, 9th Cir.; 2016 U.S. App. LEXIS 22627).



Delta Flight Attendants Can't Recover Wages Under California Law
SAN FRANCISCO - California laws do not apply to wage claims brought by four Delta Air Lines Inc. flight attendants seeking wages and wage information for work performed on the ground in California because the amount of time they worked in California during any of the relevant pay periods was de minimis, a California federal judge ruled Jan. 6 (Dev Anand Oman, et al. v. Delta Air Lines, Inc., No. 15-131, N.D. Calif.; 2017 U.S. Dist. LEXIS 2913).



Split NLRB Panel Won't Review Ruling Holding On Nontenure Track Faculty
WASHINGTON, D.C. - A split National Labor Relations Board panel on Dec. 30 denied review of a regional director's decision that University of Southern California's (USC) nontenure track faculty are not managerial employees (University of Southern California and Service Employees International Union, Local 721, No. 31-RC-164868, NLRB).



Oregon Federal Judge Rules Against Jack In the Box Workers On Wage-And-Hour Claims
PORTLAND, Ore. - An Oregon federal judge on Dec. 13 granted Jack in the Box Inc.'s motion to dismiss the Fair Labor Standards Act (FLSA) claims of plaintiffs in a putative class action against the fast food restaurant franchisor, finding that Jack in the Box was not the plaintiff's joint employer after it franchised several corporate-owned Jack in the Box restaurants (Jessica Gessele, et al. v. Jack in the Box Inc., No. 3:14-cv-1092, D. Ore.; 2016 U.S. Dist. LEXIS 172061).



Federal Judge Transfers Employee's Class Claims Against Food Group
SAN FRANCISCO - A California federal judge on Jan. 6 granted a request by several companies to transfer an employee's class claims for violation of California's unfair competition law (UCL) and other causes of action related to alleged employment violations, finding that transfer to another federal court was appropriate because various factors, including the convenience of witnesses, weighed in favor of the transfer (Jorge Perez v. Performance Food Group Inc., et al., No. 15-cv-02390, N.D. Calif.; 2017 U.S. Dist. LEXIS 2319).



California Appellate Panel: Objection To Raiders' $1.25M Cheerleader Settlement Fails
SAN FRANCISCO - A former Oakland Raiders cheerleader who was a plaintiff in another similar wage class complaint failed to show that a $1.25 million wage settlement reached between the Raiders and a class of cheerleaders was improperly granted final approval, a First District California Court of Appeal panel ruled Dec. 13 (Lacy T., et al. v. The Oakland Raiders, No. A144707, Calif. App., 1st Dist., Div. 5; 2016 Cal. App. Unpub. LEXIS 8923).



Illinois Federal Judge Certifies Excessive Deduction Class, Not Overtime One
CHICAGO - An Illinois federal judge on Dec. 30 certified an excessive deduction class but not an overtime class in a lawsuit brought by a tile store sales associate against his employer (Adriel Osorio, et al. v. The Tile Shop, LLC, No. 15-15, N.D. Ill.; 2016 U.S. Dist. LEXIS 180077).



U.S. Bank Settles Wage Collective Action For $1.15 Million
AKRON, Ohio - An Ohio federal judge on Dec. 29 granted approval of a $1.15 million settlement to be paid by U.S. Bancorp and U.S. Bank National Association (collectively, U.S. Bank) to end a Fair Labor Standards Act collective action brought by co-managers (CMs) who alleged that they were improperly denied overtime wages (Kelly Waggoner, et al. v. U.S. Bancorp, et al., No. 14-1626, N.D. Ohio; 2016 U.S. Dist. LEXIS 179843).



6th Circuit: New State Law Interpretation Doesn't Doom Certification, Settlement
CINCINNATI - A new interpretation of a Kentucky state law upon which a wage-and-hour class complaint was based doesn't defeat certification of a class and approval of the parties' settlement agreement, a Sixth Circuit U.S. Court of Appeals panel ruled Dec. 14 (William Whitlock, et al. v. FSL Management, LLC, et al., No. 16-5086, 6th Cir.; 2016 U.S. App. LEXIS 22218).



Uber Wage Class Complaint Dismissed Due To Clear Arbitration Agreement
DETROIT - An arbitration provision agreed to by Uber Technologies Inc. drivers "clearly and unmistakably" provides that an arbitrator must decide the issue of arbitrability, a Michigan federal judge ruled Dec. 27, granting a motion to compel arbitration of a wage class complaint filed by two drivers (Arthur Zawada, et al. v. Uber Technologies, Inc., et al., No. 16-11334, E.D. Mich.; 2016 U.S. Dist. LEXIS 178582).



Decertification Motion Denied In Limo Drivers' Wage-And-Hour Class Suit
NEW HAVEN, Conn. - A Connecticut federal judge on Dec. 8 denied a motion for class decertification filed in a wage-and-hour complaint brought by a limo driver who claims that his employer's commission-based payment structure resulted in hours worked without any compensation and a denial of overtime wages when hours exceed 40 per week (Roger Lassen, Jr., et al. v. Hoyt Livery, Inc., et al., No. 13-1529, D. Conn.; 2016 U.S. Dist. LEXIS 169506).



Split 3rd Circuit: Travel Time To And From Work Site Is Not Compensable
PHILADELPHIA - Time spent traveling to and from a worksite is not compensable under the Pennsylvania Minimum Wage Act (PMWA), a divided Third Circuit U.S. Court of Appeals panel ruled Nov. 30, upholding a trial court's dismissal of a worker's class complaint (Rafael Espinoza, et al. v. Atlas Railroad Construction, LLC, et al., No. 16-1413, 3rd Cir.; 2016 U.S. App. LEXIS 21403).



Casino Workers' Wage Class Claims Are Sent Back To State Court
RENO, Nev. - Wage claims by a class of Nevada casino workers are not preempted by Section 301 of the Labor Management Relations Act (LMRA) and belong in state court, a Nevada federal judge ruled Dec. 6 (Eddy Martel, et al. v. MEI-GSR Holdings, LLC, et al., No. 16-440, D. Nev.; 2016 U.S. Dist. LEXIS 168461).