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NLRB: Private College Teaching Assistants Are Covered By Labor Act
WASHINGTON, D.C. - Graduate and undergraduate teaching assistants working at private colleges and universities are covered by the National Labor Relations Act (NLRA), the National Labor Relations Board ruled 3-1 on Aug. 23, reversing Brown University and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW AFL-CIO (342 NLRB 483 [2004]) (The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia-GWC, UAW, No. 02-RC-143012, NLRB).



Kellogg's Changes To Supplemental Agreement Are Not Barred By Master Agreement
CINCINNATI - The National Labor Relations Board erred when it determined that an employer's proposed changes to a supplemental agreement with a union representing employees at one site concerning expanding the use of casual employees are permitted because they "[do] not modify the express terms of the Master Agreement," the Sixth Circuit U.S. Court of Appeals ruled Aug. 19 (Kellogg Company v. National Labor Relations Board, Nos. 15-2031/2183, 6th Cir.; 2016 U.S. App. LEXIS 15271).



Labor Board To High Court: Acting General Counsel Didn't Violate Federal Act
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals erred when it found that a former acting general counsel of the National Labor Relations Board (NLRB) served in violation of the Federal Vacancies Reform Act of 1998 (FVRA) (5 U.S. Code Section 3345, et seq.) for nearly two years and, as a result, the unfair labor practice complaint he issued against an ambulance company was unauthorized, the NLRB argued in its Aug. 12 petitioner brief filed in the U.S. Supreme Court (National Labor Relations Board v. SW General, Inc., doing business as Southwest Ambulance, No. 15-1251, U.S. Sup.).



3rd Circuit: Certification Of Building Workers' Union Vote Doesn't Pass Muster
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Sept. 1 in a nonprecedential opinion granted an employer's petition for review and denied a cross-application for enforcement filed by the National Labor Relations Board (NLRB) in a dispute over a close election for a small bargaining unit of New York City building workers (Newark Portfolio JV, LLC v. National Labor Relations Board, Nos. 15-2565 and 15-2877, 3rd Cir.; 2016 U.S. App. LEXIS 16185).



Divided 9th Circuit Panel Denies En Banc Rehearing In Tip-Pool Appeal
PORTLAND, Ore. - A divided Ninth Circuit U.S. Court of Appeals panel on Sept. 6 denied a petition for rehearing and, on behalf of the court, denied a petition for rehearing en banc concerning its Feb. 23 ruling in which the split panel held that two trial courts in two cases over tip pooling erred when the courts ruled in favor of the employers as the courts must follow the guidance of a new rule announced by U.S. Department of Labor (DOL) in 2011 rather than the precedent set by the Ninth Circuit U.S. Court of Appeals in a 2010 decision (Oregon Restaurant and Lodging Association, et al. v. Thomas Perez, et al., No. 13-35765, Joseph Cesarz, et al. v. Wynn Las Vegas, LLC, et al., No. 14-15243, 9th Cir.; 2016 U.S. App. LEXIS 16361).



8th Circuit: Unofficial Agreement Excluded Donning, Doffing From Compensable Time
ST. LOUIS - Hourly manufacturing employees are not owed compensation for time spent donning and doffing work clothing because that time was excluded from measured working time in an implied-in-fact bona fide collective bargaining agreement between the employer and union representing the workers, the Eighth Circuit U.S. Court of Appeals ruled Aug. 23 (David J. Jackson, et al. v. Old EPT, LLC, also known as EaglePicher Technologies, LLC, No. 15-1078, 8th Cir.; 2016 U.S. App. LEXIS 15416).



$100 Million Uber Settlement Denied Preliminary Approval Again, Despite More Info
SAN FRANCISCO - A California federal judge on Aug. 18 denied preliminary approval for a second time of a $100 million settlement between Uber Technologies Inc. and its drivers, who allege in two lawsuits that they have been misclassified as independent contractors, finding that, despite supplemental briefing, "the Settlement as a whole is not fair, adequate, and reasonable" (Douglas O'Connor, et al. v. Uber Technologies, Inc., et al., No. 13-3826, Hakan Yucesoy, et al. v. Uber Technologies, Inc., et al., No. 15-262, N.D. Calif.).



Preliminary Approval Granted In Settlement Of Fox Unpaid Interns' Class Suit
NEW YORK - A New York federal judge on Aug. 12 granted preliminary approval of a settlement in a class complaint filed by unpaid interns working at divisions of Fox Searchlight Pictures Inc. and Fox Entertainment Group Inc. (collectively, Fox) that will provide a payment of $495 to all members of two settlement classes who submit a valid claim form (Eric Glatt, et al. v. Fox Searchlight Pictures, Inc., et al., No. 11-6784, S.D. N.Y.).



Split NLRB Panel Orders Full Payment Of Search-For-Work Expenses
WASHINGTON, D.C. - A divided National Labor Relations Board panel on Aug. 24 granted a request by the general counsel to discontinue its practice of treating employee's search-for-work and interim employment expenses as an offset that reduces the amount of interim earnings deducted from gross back pay and to start calculating and paying those expenses separately from back pay, regardless of whether the employee received interim earnings (King Soopers, Inc. and Wendy Geaslin, No. 27-CA-129598, NLRB).



Tankhaul Company Agrees To Pay $4.2M To Settle Union Members' Wage Claims
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Aug. 29 agreed to hold argument in abeyance pending settlement of union members' claims that their employer improperly withheld pay raises due to their union membership (KAG West, LLC v. National Labor Relations Board, Nos. 15-1189 and 15-1269, D.C. Cir.).



California Federal Judge Certifies Nike Employee Waiting Time Class
SAN JOSE, Calif. - A California federal judge on Aug. 19 certified a class of Nike Retail Services Inc. workers suing for wages for time spent waiting for and during inspections following their shifts (Isaac Rodriguez v. Nike Retail Services, Inc., No. 14-1508, N.D. Calif.; 2016 U.S. Dist. LEXIS 110961).



California Federal Judge: Bus Driver's Class Counsel Is Inadequate
LOS ANGELES - A California federal judge on Aug. 26 denied a motion for certification of a class of bus drivers bringing wage-and-hour claims, finding that class counsel does not meet Federal Rule of Civil Procedure 23's adequacy requirement (James Motty, et al. v. First Student, Inc., et al., No. 15-7463, C.D. Calif.; 2016 U.S. Dist. LEXIS 114948).



Motorcycle Gear Retailer Settles Wage Class Claims For $1.9 Million
SAN FRANCISCO - A California federal judge on Aug. 23 granted final approval of a $1.9 million settlement to be paid by a retailer to end wage-and-hour class claims brought by employees, finding that the evidence, potential length of the case and overwhelming support from class members weighed in favor of approval (Lannden Bower v. Cycle Gear, Inc., No. 14-2712, N.D. Calif.; 2016 U.S. Dist. LEXIS 112455).



California High Court Upholds Attorney Fee Calculated As Percentage Of Settlement
SAN FRANCISCO - An award of an attorney fee out of a common fund calculated as a percentage of a settlement amount in not per se unreasonable, the California Supreme Court ruled Aug. 11 in the appeal of a nearly $6.34 million attorney fee approved as part of a $19 million class action employment settlement (Mark Laffitte, et al. v. Robert Half International Inc., et al., No. S222996, Calif. Sup.; 2016 Cal. LEXIS 6387).



Judge Finds Amount-In- Controversy Requirement Not Met, Remands UCL Claims
FRESNO, Calif. - After finding that an employer's calculation of the amount in controversy in a class action filed in relation to wage claims was speculative, a California federal judge on Aug. 16 granted a former employee's motion to remand his claims for violation of California labor laws and unfair competition law (UCL) to state court (David Dobbs, individually, and on behalf of all others similarly situated, v. Wood Group PSN Inc., an unknown entity, No. 1:16-CV-00838, E.D. Calif.; 2016 U.S. Dist. LEXIS 108714).



California Federal Judge Says McDonald's Corp. Isn't Joint Employer Of Bay Area Workers
SAN FRANCISCO - A California federal judge on Aug. 16 granted partial summary judgment to McDonald's Corp. in a wage-and-hour putative class action brought by a franchisee's workers, finding that McDonald's does not jointly employ the named plaintiffs because it does not retain or exert direct or indirect control over their hiring, firing, wages or working conditions (Guadalupe Salazar, et al. v. McDonald's Corp., et al., No. 3:14-cv-02096, N.D. Calif.; 2016 U.S. Dist. LEXIS 108764).



Wahlburgers' Employees File A Class Complaint, Allege Wage Theft
NEW YORK - Five employees of a celebrity-owned hamburger chain filed a class complaint on Aug. 18 in a New York federal court, accusing Wahlburgers Franchising LLC and several franchisees of failing to pay them minimum wages and overtime and withholding tips (Shakeiya Burnett, et al. v. Wahlburgers Franchising LLC, et al., No. 16-4602, E.D. N.Y.).



NLRB: Chipotle's Social Media Policy Violates Labor Law
WASHINGTON, D.C. - The National Labor Relations Board on Aug. 18 enforced, with some modifications, a decision by an administrative law judge (ALJ) finding that the social media code of Chipotle Services LLC (doing business as Chipotle Mexican Grill) violates the National Labor Relations Act (NLRA) and that the fast food chain committed further violations by directing an employee to delete certain tweets, prohibiting the employee from circulating a petition challenging the chain's break policy and terminating the employee for his actions (Chipotle Services LLC d/b/a Chipotle Mexican Grill and Pennsylvania Workers Organizing Committee, a project of the Fast Food Workers Committee, Nos. 04-CA-147314 and 04-CA-149551, NLRB).



1st Circuit: No Retaliation, Defamation Against Officer Who Lost Firearm License
BOSTON - A police officer who was terminated after his firearm license was revoked failed to show that his termination was caused by retaliation, violation of his right to free speech or defamation of his character, the First Circuit U.S. Court of Appeals ruled Aug. 31, affirming a trial court's summary judgment ruling for the defendants (Joseph McGunigle v. City of Quincy, et al., No. 15-2224, 1st Cir.; 2016 U.S. App. LEXIS 16140).



Qualified Immunity Denial Upheld; Employee Speech Case To Go To Trial
NEW YORK - Police officials responsible for firing an officer who claims that she was improperly terminated for protected speech are not entitled to qualified immunity, a Second Circuit U.S. Court of Appeals panel ruled Aug. 24 (Rebecca Ricciuti v. Garry Gyzenis, et al., No. 12-432, 2nd Cir.; 2016 U.S. App. LEXIS 15556).



Split 9th Circuit: Employer May Not Bar Concerted Employee Legal Actions
SAN FRANCISCO - An employer may not condition employment on the requirement that an employee sign an agreement barring employees from coming together to file legal action over work-related claims, a divided Ninth Circuit U.S. Court of Appeals panel ruled Aug. 22, finding that the clause violates National Labor Relations Act (NLRA) Section 7 (Stephen Morris, et al. v. Ernst & Young, LLP, et al., No. 13-16599, 9th Cir.).



7th Circuit: Appeal Of Age Bias Suit Is Untimely Despite Court's Extension
CHICAGO - A notice of appeal filed by an employee in her age bias suit that occurred outside of the time limit granted by Federal Rule of Civil Procedure 4(a)(5)(C), but within the extension granted by an Illinois federal judge, is untimely, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 31 (Charmaine Hamer v. Neighborhood Housing Services of Chicago & Fannie Mae, No. 15-3764, 7th Cir.; 2016 U.S. App. LEXIS 16113).



California High Court Denies Appeal Of $16.3M Age-Bias Ruling Against Staples
SAN FRANCISCO - The California Supreme Court on Aug. 10 denied a petition to review a $16.3 million judgment against Staples Inc. and Staples Contract & Commercial Inc. in an age-discrimination suit filed by a former employee (Bobby Dean Nickel v. Staples Contract & Commercial, Inc., et al., No. S235680, Calif. Sup.; 2016 Cal. LEXIS 6485).



1st Circuit: Trial Court Must Reconsider Protected Activity Under Maine Statutes
BOSTON - The First Circuit U.S. Court of Appeals on Aug. 31 reversed a Maine federal judge's summary judgment ruling for a hotel accused by two former employees of firing them in violation of the Maine Whistleblowers' Protection Act (MWPA) and the Maine Human Rights Act (MHRA) in light of its ruling issued earlier this year that there was no "job duties exception" under the statutes (Brenda Pippin, et al. v. Boulevard Motel Corp., d/b/a Comfort Inn South Portland Hotel, Nos. 15-2011 and 15-2012, 1st Cir.; 2016 U.S. App. LEXIS 16139).



2nd Circuit Asks New York Appeals Court To Rule On Employer Liability
NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 30 certified three questions to the New York Court of Appeals concerning what parties are liable for unlawful denial of employment under Section 296(15) of the New York State Human Rights Law (NYSHRL) and if the "aiding and abetting" provision found in Section 296(6) also applies to Section 296(15) (Trathony Griffin, et al. v. Sirva Inc., et al., No. 15-1307, 2nd Cir.; 2016 U.S. App. LEXIS 15986).



Judge Bars Medicine Specialist From Opining On Link Between Emotional Distress, Medications
KANSAS CITY, Kan. - An internal medicine specialist may not offer testimony on how a woman's emotional distress could be linked to medications she was taking at the time of alleged sexual harassment during her employment at Pittsburg State University (PSU), a Kansas federal judge ruled Aug. 17 (Martha Fox v. Pittsburg State University, No. 14-2606, D. Kan.; 2016 U.S. Dist. LEXIS 109861).



Pennsylvania Federal Judge: Workers' Comp Act Is Exclusive Remedy For Injuries
PHILADELPHIA - A Pennsylvania federal judge on Aug. 12 dismissed a class claim for medical monitoring brought by airline workers stationed at the Philadelphia International Airport who allege that they were exposed to toxins, finding that the Pennsylvania Workers' Compensation Act (PWCA) is the exclusive remedy available to the workers (David Smith, et al. v. American Airlines, Inc., et al., No. 16-156, E.D. Pa.; 2016 U.S. Dist. LEXIS 107402).



11th Circuit Finds Seaman's Claims Against Royal Caribbean Must Be Arbitrated
ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 22 found that a cruise line worker's claims related to an alleged injury while working on a vessel must be arbitrated under his employment contract and affirmed a decision granting the employer's motion to compel (Robert M. Alberts v. Royal Caribbean Cruises Ltd., No. 15-14775, 11th Cir.; 2016 U.S. App. LEXIS 15502).



11th Circuit Finds Seaman's Claims Must Be Arbitrated Under Contract
MIAMI - After finding that a cruise line worker's employment contract envisioned performance abroad because he worked on international waters, the 11th Circuit U.S. Court of Appeals on Aug. 29 affirmed a decision finding that an arbitration clause was enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Francis D'Cruz v. NCL [Bahamas] Ltd., et al., No. 15-11766, 11th Cir.; 2016 U.S. App. LEXIS 15932).



California Court Finds It Lacks Jurisdiction Over Claims Against University
LOS ANGELES - After finding that it lacked jurisdiction over a former university employee's claims for violation of the California labor code and unfair competition law (UCL) in relation to termination of his employment, a California appeals court on Aug. 12 affirmed a trial court's decision to grant a motion to quash service of summons for lack of personal jurisdiction (Sergio Melgar v. State of Kentucky, et al., No. B264723, Calif. App., 2nd Dist., Div. 5; 2016 Cal. App. Unpub. LEXIS 5942).



7th Circuit Upholds Security Officer's Firing After He Slapped A Patient
CHICAGO - An Illinois hospital did not exhibit racial bias when it fired a security officer after he slapped a physically violent patient, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 26 (Chris P. Lane v. Riverview Hospital, No. 15-1118, 7th Cir.; 2016 U.S. App. LEXIS 15822).



11th Circuit: Georgia County Is Not Joint Employer Of DA's Office Investigator
ATLANTA - A Georgia county is not the joint employer of a District Attorney's Office investigator, the 11th Circuit U.S. Court of Appeals ruled Aug. 25, upholding a trial court's termination of the investigator's gender discrimination suit (Jeff Peppers v. Cobb County, Georgia, No. 15-10866, 11th Cir.; 2016 U.S. App. LEXIS 15691).



7th Circuit: Title VII Doesn't Bar Sexual Orientation Discrimination
CHICAGO - Title VII of the Civil Rights Act of 1964 as it's presently written does not bar discrimination based on sexual orientation, a Seventh Circuit U.S. Court of Appeals panel ruled July 28, noting that while the panel does not condone such discrimination, it cannot enforce something that does not exist (Kimberly Hively v. Ivy Tech Community College, South Bend, No. 15-1720, 7th Cir.; 2016 U.S. App. LEXIS 13746).



Split 11th Circuit: USERRA's Non-Waiver Provision Doesn't Conflict With FAA
ATLANTA - The non-waiver provision contained in the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) is not in conflict with the Federal Arbitration Act (FAA), a divided 11th Circuit U.S. Court of Appeals panel ruled July 29, upholding a trial court's enforcement of an arbitration agreement after striking two terms that violated USERRA (Rodney Bodine v. Cook's Pest Control Inc., et al., No. 15-13233, 11th Cir.; 2016 U.S. App. LEXIS 13812).



Split California High Court: Classwide Arbitration Is A Procedural Matter
SAN FRANCISCO - Pursuant to California law, an arbitrator is the appropriate party to decide whether an arbitration agreement allows arbitration on a classwide basis, a divided California Supreme Court ruled July 28, holding that the question is a procedural matter, not a gateway question of arbitrability (Timothy Sandquist v. Lebo Automotive, Inc., et al., No. S220812, Calif. Sup.; 2016 Cal. LEXIS 6246).



8th Circuit: UPS Supervisor Failed To Prove Firing Was Discriminatory
ST. LOUIS - A United Parcel Service (UPS) supervisor who had numerous conflicts at work failed to show that his termination was due to racial discrimination rather than because of his behavior and attitude, the Eighth Circuit U.S. Court of Appeals ruled July 12 (Gary T. Smith v. United Parcel Service, No. 15-1487, 8th Cir.; 2016 U.S. App. LEXIS 12770).



5th Circuit: Contract's Forum-Selection Clause Requires Dismissal Of Wage Suit
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 26 affirmed a trial court's dismissal of a worker's wage suit, finding that it was necessary based on the forum-selection clause in the employee's employment contract; however, the appellate panel emphasized a lack of clarity that currently exists about the role state law plays in diversity cases involving forum-selection clauses (Jonathan Barnett v. DynCorp International, L.L.C., No. 15-10757, 5th Cir.; 2016 U.S. App. LEXIS 13618).



$100 Million Uber Settlement Denied Preliminary Approval; Judge Requests More Info
SAN FRANCISCO - A California federal judge on June 30 denied preliminary approval of a $100 million settlement between Uber Technologies Inc. and its drivers, who allege in two lawsuits that they have been misclassified as independent contractors, finding that the settlement has not been shown to be fair and adequate at this point (Douglas O'Connor, et al. v. Uber Technologies, Inc., et al., No. 13-3826, Hakan Yucesoy, et al. v. Uber Technologies, Inc., et al., No. 15-262, N.D. Calif.; 2016 U.S. Dist. LEXIS 85641).



U.S. Labor Department: Capitol Hill Cafeteria Workers Owed $1M In Wages
WASHINGTON, D.C. - The U.S. Labor Department announced July 26 that hundreds of workers who work in the U.S. Senate cafeterias will receive more than $1 million in back wages after an investigation found that their employers failed to pay the required prevailing wages.



2nd Circuit Reinstates New York City Park Rangers' Wage-And-Hour Suit
NEW YORK - New York City park rangers may proceed with their collection action alleging various wage violations, including that they should be compensated for the time they spend donning and doffing their uniforms, the Second Circuit U.S. Court of Appeals ruled Aug. 2, vacating a district court's partial summary judgment in favor of the city and other defendants (Henry Perez, et al. v. The City of New York, et al., No. 15-315, 2nd Cir.; 2016 U.S. App. LEXIS 14104).



8th Circuit: Freight Shipping Employee Is Exempt From Overtime
ST. LOUIS - A former employee of a freight shipping company who spent time loading trailers for interstate transportation falls within the Motor Carrier Act (MCA) exemption and is not owed overtime, an Eighth Circuit U.S. Court of Appeals panel ruled July 28 (Glenn Williams, et al. v. Central Transport International, Inc., et al., No. 15-2201, 8th Cir.; 2016 U.S. App. LEXIS 13718).



California Court Finds Order Compelling Arbitration Was Not Appealable
LOS ANGELES - After finding that an order compelling arbitration of class action claims for violation of California's unfair competition law (UCL) and Labor Code asserted by an employee of a rent-a-car service was not appealable, a California appeals court on July 5 dismissed the appeal in favor of the service (Evan Landy v. Midway Rent A Car, Inc., No. B264640, Calif. App., 2nd Dist., Div. 4; 2016 Cal. App. Unpub. LEXIS 4906).



Judge Refuses To Dismiss UCL And Labor Code Claims Against GrubHub
SAN FRANCISCO - A California federal judge on July 13 refused to dismiss claims asserted by delivery drivers for a food service company for violation of California's unfair competition law (UCL) and Labor Code, finding that their claims were sufficiently pleaded at the present stage of the case (Andrew Tan, et al. v. Grubhub Inc., et al., No. 15-cv-05128, N.D. Calif.; 2016 U.S. Dist. LEXIS 91071).



Judge Finds Wage-Related Claims Against Food Company Are Cognizable
FRESNO, Calif. - After previously finding that a food company employee's claims for violation of California's unfair competition law (UCL) and Labor Code were cognizable, a California federal judge on Aug. 1 refused to dismiss the claims or, in the alternative, to grant interlocutory appellate certification (Jerrod Finder, on behalf of himself and class of others similarly situated v. Leprino Foods Co., et al., No. 1:13-CV-02059, E.D. Calif.; 2016 U.S. Dist. LEXIS 100417).



Arizona Appellate Panel Reverses Decertification Of Truck Driver Class
PHOENIX - An Arizona trial court erred when it decertified a class of truck drivers alleging systemic underpayment, an Arizona appellate panel ruled July 12 in an opinion in which it also determined that Arizona law applies to the drivers' claim for breach of the duty of good faith and fair dealing (Leonel Garza, et al. v. The Honorable J. Richard Gama, et al., No. 1 CA-SA 15-0315, Ariz. App., Div. 1).



Bath & Body Works Settles Class Wage Claims For $2.25 Million
LOS ANGELES - A California federal judge on July 11 granted final approval of a $2.25 million settlement to be paid by Bath & Body Works LLC (BBW) to end wage claims filed by a class of nonexempt sales associates (Adam Jones v. Bath & Body Works, Inc., et al., No. 13-5206, C.D. Calif.; 2016 U.S. Dist. LEXIS 89681).



9th Circuit Again Finds Wage Claims Against Craft Stores Are Time-Barred
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals on July 15 granted a petition for panel rehearing and/or clarification filed by the lead plaintiff in a lawsuit accusing a retailer of wage violations but issued an accompanying order nearly identical to the one issued on May 19 in which it reversed a district court's denial of the employer's motion for judgment on the pleadings (L. Anderson v. Michaels Stores Inc., No. 14-56726, 9th Cir.; 2016 U.S. App. LEXIS 13055 and 2016 U.S. App. LEXIS 13056).



9th Circuit Denies Interlocutory Appeal, Writ Of Mandamus In Wage Action
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on July 26 in two separate opinions unanimously denied an interlocutory appeal filed by an employer in a wage action and ruled 2-1 to deny the same employer's mandamus petition (In re Swift Transportation Company Incorporated, et al., No. 15-70592, 2016 U.S. App. LEXIS 13575; Virginia Van Dusen, et al. v. Swift Transportation Company Incorporated, et al., No. 15-15257, 9th Cir.; 2016 U.S. App. LEXIS 13572).



Judgment For UCL Claims Is Amended In Taco Bell Worker Wage Suit
FRESNO, Calif. - A California federal magistrate judge on July 15 denied motions for judgment as a matter of law filed by both sides in a wage-and-hour dispute but granted the plaintiffs' motion to amend the judgment and entered judgment in favor of one of the three classes of workers on their California unfair competition law (UCL) claims (In Re Taco Bell Wage and Hour Actions, No. 07-1314, E.D. Calif.; 2016 U.S. Dist. LEXIS 92360).



Pennsylvania Federal Judge: Employee Waived Class Claims In Severance Agreement
PITTSBURGH - A Pennsylvania federal judge on July 14 granted summary judgment in favor of an employer in a wage-and-hour class complaint filed by a former employee, finding that the employee's severance agreement included a bar on participation in a class or collective action (Jonathan Kubischta, et al. v. Schlumberger Tech Corp., No. 15-1338, W.D. Pa.; 2016 U.S. Dist. LEXIS 91556).



7th Circuit Affirms Judgment For Restaurants In Servers' Wage Suit
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 15 affirmed a district court's ruling in favor of the employers in a wage class suit brought by servers alleging violations of state and federal laws regarding their tips (Robert Schaefer, et al. v. Walker Bros. Enterprises, Inc., et al., No. 15-1058, 7th Cir.; 2016 U.S. App. LEXIS 12985).



California Federal Judge Refuses To Decertify Class In Rounding Time Suit
SAN DIEGO - A California federal judge on July 25 denied a motion to decertify a class of workers suing over their employer's rounding practices based on a recent decision by the Ninth Circuit U.S. Court of Appeals in Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership (821 F.3d 1069 [9th Cir. 2016]) (Naomi Tapia, et al. v. Zale Delaware Inc., No. 13-1565, S.D. Calif.; 2016 U.S. Dist. LEXIS 96801).



9th Circuit: Trial Court Abused Discretion In Denying Some Classes In Wage Suit
PASADENA, Calif. - A California district court partially abused its discretion in denying some of the classes proposed by drivers suing their employer for various wage-and-hour violations, a Ninth Circuit U.S. Court of Appeals panel ruled July 21 in an unpublished opinion (Roderick Wright, et al. v. Renzenberger, Inc., No. 14-55944, 9th Cir.; 2016 U.S. App. LEXIS 13340).



McDonald's Files Petition To Appeal Certification Order In Wage Lawsuit
SAN FRANCISCO - McDonald's Corp. on July 21 filed a petition asking the Ninth Circuit U.S. Court of Appeals to review a case in which a federal judge certified a putative class of 851 current and former employees alleging wage-and-hour violations at five restaurants operated by a McDonald's franchisee (Stephanie Ochoa, et al. v. McDonald's Corp., et al., No. 16-80096, 9th Cir.).



Labor Department, Subway Enter Agreement To Ensure Workers Earn Fair Wages
WASHINGTON, D.C. - The U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) and a representative of the Subway chain restaurant franchises on July 26 signed a voluntary agreement to ensure that Subway franchisees pay their employees fair wages.



Texas Panel Affirms Judgment For Defendant, Finds Workers' Comp Act Applies
AUSTIN, Texas - The exclusive remedy provision of the Texas Workers' Compensation Act (TWCA) barred a man's premises liability claims against a general contractor for injuries he sustained while working as a subcontractor on a construction site, a Texas appellate panel ruled July 22, affirming summary judgment for the general contractor (Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC, No. 03-15-00529-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 7801).



1st Circuit Reinstates TSA Worker's Sex Bias, Harassment Claims
BOSTON - A former Transportation Security Administration (TSA) worker may proceed with her gender bias and sexual harassment claims, the First Circuit U.S. Court of Appeals ruled July 11, finding that the trial court erred when it required the plaintiff to present direct evidence of gender discrimination and show that the alleged conduct was both severe and pervasive to establish harassment (Kathleen Burns v. Jeh Johnson, Secretary, United States Department of Homeland Security, Transportation Security Administration, et al., No. 15-1982, 1st Cir.; 2016 U.S. App. LEXIS 12732).



D.C. Circuit: Termination Of Benefits Violates NLRA; Remedy Challenge Is Too Late
WASHINGTON, D.C. - An employer violated the National Labor Relations Act (NLRA) when it terminated union members' short-term disability benefits, encouraged an employee to circulate a decertification petition, interfered with union representatives access to the facility and decertified the union and refused to bargain with it or remit union dues; however, the employer waived its right to challenge the National Labor Relations Board remedy to reimburse the union with its own funds when it failed to raise the challenge before the NLRB, the District of Columbia Circuit U.S. Court of Appeals ruled Aug. 5 (Enterprise Leasing Company of Florida, doing business as Alamo Rent-A-Car v. National Labor Relations Board, No. 15-1200, D.C. Cir.; 2016 U.S. App. LEXIS 14376).



3rd Circuit Rejects FedEx Claims That Worker Unit Must Expand
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 9 granted a cross-petition by the National Labor Relations Board to enforce a decision finding a unit of FedEx Freight Inc. drivers at one of its New Jersey facilities to be proper, despite FedEx's claim that the unit must also include dockworkers (National Labor Relations Board v. FedEx Freight, Inc., No. 15-2585, FedEx Freight, Inc. v. National Labor Relations Board, No. 15-2712, 3rd Cir.; 2016 U.S. App. LEXIS 14593).



5th Circuit: Receptionist Created Possible Age Bias Factual Dispute
NEW ORLEANS - A district court must reconsider whether an employment agency should have known about its client's possible discriminatory transfer request after the worker, who alleges that she was discriminated against because of her age, showed that the agency failed to follow its usual practice of investigating employee removal requests, a Fifth Circuit U.S. Court of Appeals panel ruled July 18 (Helen Nicholson v. Securitas Security Services USA, Incorporated, No. 15-10582, 5th Cir.; 2016 U.S. App. LEXIS 13127).



8th Circuit: Leave During Overtime Hours Must Be Deducted From Entitlement
ST. LOUIS - In a case where a worker's overtime hours were mandatory, hours missed for Family and Medical Leave Act (FMLA)-qualifying reasons must be deducted from the worker's FMLA leave entitlement; however, those overtime hours should be included when calculating the worker's total FMLA-leave allotment, an Eighth Circuit U.S. Court of Appeals panel ruled Aug. 4 (Lucas Hernandez v. Bridgestone Americas Tire Operations LLC, Nos. 15-2042 and 15-2428, 8th Cir.; 2016 U.S. App. LEXIS 14348).



9th Circuit: ADEA Provision Doesn't Bar 1st Amendment Retaliation Claim
SAN FRANCISCO - The retaliation provision in the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment to the U.S. Constitution retaliation claim, a divided Ninth Circuit U.S. Court of Appeals panel ruled Aug. 5, reinstating claims by a former Arizona city employee who alleges that he was improperly terminated after agreeing to testify on behalf of another city employee suing for age discrimination (Ronnie D. Stilwell, et al. v. City of Williams, et al., No. 14-15540, 9th Cir.; 2016 U.S. App. LEXIS 14430).



6th Circuit Upholds Judgment Amendment To Correct Defendant's Name
CINCINNATI - A trial court did not err when it amended a judgment issued in favor of an employee in her retaliation suit to correct the name of the defendant, the Sixth Circuit U.S. Court of Appeals ruled July 8 (Carrie Braun v. Ultimate Jetcharters, LLC, Nos. 13-4145, 14-3816 and 15-3462, 6th Cir.; 2016 U.S. App. LEXIS 12559).



D.C. Circuit: Quicken Loans' Disclosure Rules Violate National Labor Relations Act
WASHINGTON, D.C. - Quicken Loans Inc.'s rules barring mortgage bankers from disclosing a broad array of personnel information or criticizing the company without written consent violate the National Labor Relations Act (NLRA) because "they unreasonably burden the employees' ability to discuss legitimate employment matters, to protest employer practices, and to organize," a District of Columbia Circuit U.S. Court of Appeals panel ruled July 29 (Quicken Loans, Inc. v. National Labor Relations Board, No. 14-1231, D.C. Cir.; 2016 U.S. App. LEXIS 13778).



Judge Refuses To Remand Case, Finds Arbitration Clause Could Provide Defense
DALLAS - After finding that it is possible that an arbitration clause falling under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards could provide a defense to claims asserted by two entities against former employees, a Texas federal judge on July 21 refused to remand the case to state court (Valtech Solutions Inc., et al. v. Deborah Davenport, et al., No. 3:15-CV-3361, N.D. Texas; 2016 U.S. Dist. LEXIS 95098).



Illinois Attorney General Sues Jimmy John's Over Noncompetition Pacts
CHICAGO - The Illinois attorney general on June 8 sued two Jimmy John's franchised sandwich restaurant chain entities to "prevent the continued unlawful imposition and use of non-competition agreements" on at-will, low-wage employees and to ensure that current and former employees are informed that the noncompetition agreements they entered into are "unenforceable and void" (People of the State of Illinois v. Jimmy John's Enterprises LLC, et al., No. 2016 CH 07746, Ill. Cir., Cook Co., Chanc. Div.).



California Federal Judge: Employee Info Theft Class Suit Belongs In Federal Court
RIVERSIDE, Calif. - A California federal judge on July 25 denied a motion to remand a class complaint over the disclosure of employee information to a scammer, finding that the amount in controversy exceeds the minimum necessary for removal pursuant to the Class Action Fairness Act (CAFA) (Beverly Porras, et al. v. Sprouts Farmers Market, LLC, et al., No. 16-1005, C.D. Calif.; 2016 U.S. Dist. LEXIS 96805).



Federal Circuit Vacates MSPB's Ruling On Officer's Retirement Pay
WASHINGTON, D.C. - A Federal Circuit U.S. Court of Appeals panel on July 15 vacated a decision by the Merit Systems Protection Board (MSPB) rejecting a customs officer's claim that his retirement pay was miscalculated and failed to include the full amount of overtime pay he received in the relevant three years (Daniel A. Grover v. Office of Personnel Management, No. 2015-3160, Fed. Cir.; 2016 U.S. App. LEXIS 12978).



5th Circuit Panel Finds No Abuse Of Discretion In Severance Pay Denial
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on July 8 affirmed that the Employee Retirement Income Security Act governs a case in which a laid-off employee was denied severance compensation for failing to return all company property as required by a severance agreement (Mark Gomez v. Ericsson Inc., No. 15-41479, 5th Cir.; 2016 U.S. App. LEXIS 12604).



Union's Arbitration Petition For Casino Dispute Survives Tribe's Dismissal Bid
SACRAMENTO, Calif. - A California federal judge on July 27 rejected an Indian tribe's bid to dismiss a petition filed by a labor union seeking to force the tribe to arbitrate a dispute over the firing of two casino employees (Unite Here International Union v. Shingle Springs Band of Miwok Indians, No. 2:16-cv-00384, E.D. Calif.; 2016 U.S. Dist. LEXIS 98255).



Dunkin' Donuts Franchisee To Pay $150,000 To Settle Sexual Harassment Lawsuit
WHITE PLAINS, N.Y. - The Equal Employment Opportunity Commission announced Aug. 3 that the owner of multiple Dunkin' Donuts franchises in Westchester County, N.Y., will pay $150,000 to former employees to settle a sexual harassment lawsuit (Equal Employment Opportunity Commission v. Hillcrest Marshall Inc., d/b/a Dunkin' Donuts, No. 7:15-cv-07293, S.D. N.Y.).



10th Circuit: Cancer Survivor Failed To Show He Was Qualified Under ADA
DENVER - A truck driver whose cancer was in remission and who claimed that he was told his job application was being denied because of his prior diagnosis failed to show that he was a qualified individual under the Americans with Disabilities Act (ADA), the 10th Circuit U.S. Court of Appeals ruled July 12 (Mark Kilcrease v. Domenico Transportation Co., No. 15-1320, 10th Cir.; 2016 U.S. App. LEXIS 12777).



7th Circuit Affirms Bias Ruling, Damages For Worker With Diabetes
CHICAGO - A former transit employee who lost his commercial driver's license (CDL) as a result of his diabetes diagnosis successfully proved his disability bias claim following his termination and showed that he mitigated his damages when he attempted to start his own business, a Seventh Circuit U.S. Court of Appeals panel ruled June 28 (Jack Brown v. Kevin Smith, et al., No. 15-1114, 7th Cir.; 2016 U.S. App. LEXIS 11772).



Split U.S. High Court: Constructive Discharge Clock Starts After Resignation
WASHINGTON, D.C. - The 45-day statute of limitations for a constructive discharge claim doesn't begin until after an employee resigns, a divided U.S. Supreme Court ruled May 23 (Marvin Green v. Megan J. Brennan, Postmaster General, United States Postal Service, No. 14-613, U.S. Sup.; 2016 U.S. LEXIS 3484).



U.S. Supreme Court: Party May Prevail Without A Favorable Ruling
WASHINGTON, D.C. - A party to a litigation may prevail even without a favorable ruling on the merits, a unanimous U.S. Supreme Court ruled May 19; however, the high court left it to the Eighth Circuit U.S. Court of Appeals to determine in the first instance whether the Equal Employment Opportunity Commission must pay attorney fees to CRST Van Expedited Inc. after losing its gender bias suit against the employer (CRST Van Expedited, Inc. v. Equal Employment Opportunity Commission, No. 14-1375, U.S. Sup.; 2016 U.S. LEXIS 3350).



6th Circuit: Eye Doctor's Title VII Claims Fail As She Was Partner, Not Employee
CINCINNATI - An ophthalmologist's federal gender bias and retaliation claims fail as she was a partner in the practice she sued and may not bring a claim under Title VII of the Civil Rights Act of 1964, a Sixth Circuit U.S. Court of Appeals panel ruled May 16 (Barbara Jean Bowers, M.D. v. The Ophthalmology Group LLP, No. 14-6196, 6th Cir.; 2016 U.S. App. LEXIS 9092).



9th Circuit: Payment Of Unused Benefits Must Be Used To Calculate Overtime Rate
PASADENA, Calif. - A California city erred when it failed to include payment for unused benefits when calculating its police officers' overtime rates, the Ninth Circuit U.S. Court of Appeals ruled June 2 (Danny Flores, et al. v. City of San Gabriel, Nos. 14-56421 and 14-56514, 9th Cir.; 2016 U.S. App. LEXIS 10018).



6th Circuit Reinstates Bookkeeper's Suit Seeking Overtime Wages
CINCINNATI - A bookkeeper who was responsible for entering payroll data and claims that she didn't immediately realize that she was eligible for overtime wages may proceed with her lawsuit after showing that a district court erred when it determined that the employee misreported her time, the Sixth Circuit U.S. Court of Appeals ruled May 19 (Donna Craig v. Bridges Bros. Trucking LLC, et al., No. 15-3396, 6th Cir.; 2016 U.S. App. LEXIS 9140).



California Federal Judge: Frito-Lay Wage Settlement Has Not Been Shown To Be Fair
FRESNO, Calif. - The named plaintiff in a wage-and-hour class complaint filed against Frito-Lay Inc. has failed to show that a $600,000 settlement is fair because the plaintiff's counsel appeared to rely on a faulty valuation that resulted in an unjustified discounting of the claims, a California federal judge ruled May 25 (Eliazar Sanchez, et al. v. Frito-Lay, Inc., No. 14-797, E.D. Calif.).



11th Circuit: New Companies Must Pay Former Company's Wage-And-Hour Judgments
ATLANTA - A trial court correctly found that two nurse staffing agencies are liable under the theory of Fair Labor Standards Act (FLSA) successor liability for two judgments against a former nurse staffing agency owned by the same individual, the 11th Circuit U.S. Court of Appeals ruled June 3 (Sally Hatfield, et al. v. A+ Nursetemps, Inc., et al., No. 15-12280, 11th Cir.; 2016 U.S. App. LEXIS 10087).



8th Circuit Vacates Denial Of Prevailing Defendants' Bill Of Costs In FLSA Suit
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on June 2 vacated a trial court's denial of an employer's bill of costs in a wage-and-hour suit in which it prevailed, finding that the trial court erred when it found that the employer is precluded from recovering costs due in part to the Fair Labor Standard Act's (FLSA) silence on the issue (Chad Lochridge, et al. v. Lindsey Management Co., Inc., No. 14-3799, 8th Cir.; 2016 U.S. App. LEXIS 10000).



$4M American Greetings Wage Class Settlements Granted Final Approval
SAN FRANCISCO - A California federal judge on May 19 granted final approval of a $4 million settlement to be paid by American Greetings Corp. to settle a wage-and-hour class complaint brought by current and former California workers (Al Smith, et al. v. American Greetings Corporation, No. 14-2577, N.D. Calif.; 2016 U.S. Dist. LEXIS 66247).



Illinois Federal Judge Dismisses SkyWest Flight Attendants' Wage Class Claims
CHICAGO - Federal and state wage claims brought by a proposed class of flight attendants fail, but not on the jurisdictional grounds as claimed by the employer, an Illinois federal judge ruled May 24 (Andrea Hirst, et al. v. SkyWest, Inc., et al., No. 15-2036, N.D. Ill.; 2016 U.S. Dist. LEXIS 67806).



Ohio Federal Judge Sends Uber Driver's Employment Suit To Arbitrator
CLEVELAND - An arbitrator must decide the arbitrability of a former Uber Technologies Inc.'s driver's wage and employment status allegations, an Ohio federal judge ruled May 23, finding that the driver failed to timely opt out of the arbitration provision of the services agreement to which he consented (LaDon Bruster v. Uber Technologies Inc., et al., No. 15-2653, N.D. Ohio; 2016 U.S. Dist. LEXIS 67523).



9th Circuit Finds Wage Claims Against Michael's Stores Are Time-Barred
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 19 affirmed a district court's decision to grant judgment in favor of a retailer on claims asserted by employees in relation to wages, finding that their claims for violation of California's unfair competition law (UCL) and Labor Code were time-barred (L. Anderson v. Michael's Stores Inc., No. 14-56726, 9th Cir.; 2016 U.S. App. LEXIS 9180).



Judge Precludes Opinion Witness In Fair Labor Standards Act Lawsuit
COLUMBUS, Ohio - An Ohio federal judge on May 13 excluded a plaintiffs' opinion witness in a lawsuit alleging violations of the Fair Labor Standards Act (FLSA) because the witness's "knowledge, skill, experience, training, or education" does not qualify him to be an expert (Joseph Miller v. Food Concepts International, LP, et al., No. 13-00124, S.D. Ohio; 2016 U.S. Dist. LEXIS 63454).



Ohio Federal Magistrate Says Conditional Certification Warranted In FLSA Case
COLUMBUS, Ohio - An Ohio federal magistrate judge on May 11 granted conditional class certification in a case where a former employee of a McDonald's restaurant franchisee alleges violations of the Fair Labor Standards Act (FLSA) (Kailey N. Ford v. Carnegie Management Services Inc., No. 2:16-cv-18, S.D. Ohio, Eastern Div.; 2016 U.S. Dist. LEXIS 62276).



Kansas Federal Judge Denies Settlement In FLSA Class Action
KANSAS CITY, Kan. - A Kansas federal judge on May 16 denied the motions of a Domino's pizza delivery driver to approve a proposed $132,000 settlement in a Fair Labor Standards Act (FLSA) collective action and award attorney fees and costs (Kenneth Hoffman, et al. v. Poulsen Pizza LLC, et al., No. 15-2640, D. Kan.; 2016 U.S. Dist. LEXIS 64818).



New York Attorney General Announces Wage Theft Suit Against Domino's, Franchisees
NEW YORK - New York State Attorney General Eric T. Schneiderman announced May 24 that his office is suing to "seek redress for and to stop widespread and systematic violations of the New York Labor Law by Domino's Pizza Inc." and three of its franchisees (The People of the State of New York v. Domino's Pizza Inc., et al., No. n/a, N.Y. Sup., New York Co.).



Pennsylvania Federal Judge Rejects Motions To Dismiss Wage-And-Hour Claims
HARRISBURG, Pa. - A Pennsylvania federal judge on May 11 denied motions to dismiss claims brought by ice cream chain employees alleging violations of the Federal Labor Standards Act (FLSA) and state labor and wage laws (Tisha Reed, et al. v. Friendly's Ice Cream LLC, et al., No. 15-CV-0298, M.D. Pa.; 2016 U.S. Dist. LEXIS 62197).



District Of Columbia Circuit Panel Reverses Ruling On Wage Violations
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on June 3 reversed a ruling dismissing a suit alleging that a franchisor violated the Fair Labor Standards Act (FLSA) by failing to pay its salespeople (Rhea Lana Inc., et al. v. Department of Labor, No. 15-5014, D.C. Cir.; 2016 U.S. App. LEXIS 10093).



DOL Announces Final Overtime Rule
WASHINGTON, D.C. - The U.S. Department of Labor (DOL) on May 18 announced its final overtime rule, which will take effect on Dec. 1 and will increase the salary threshold from $455 per week to $913 per week ($47,476 per year), marking only the second time the white-collar exemption to the Fair Labor Standards Act had been updated.



D.C. Circuit Rejects Noel Canning's Claim Of No Authority
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on May 17 enforced a decision by the National Labor Relations Board that Noel Canning, a Division of Noel Corp., violated the National Labor Relations Act (NLRA) and rejected the employer's claim that the appellate panel's previous decision to vacate an order by the NLRB without an accompanying remand left the appellate panel with no authority to enter its present decision (Noel Canning, a Division of the Noel Corporation v. National Labor Relations Board, No. 15-1029, D.C. Cir.; 2016 U.S. App. LEXIS 8959).



8th Circuit Partially Enforces, Partially Rejects NLRB Arbitration Ruling
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on June 2 enforced in part a ruling by the National Labor Relations Board finding that an employer violated two sections of the National Labor Relations Act (NLRA) by enforcing a mandatory arbitration agreement under which employees waived their rights to pursue employment-related disputes as collective or class actions in any forum (Cellular Sales of Missouri, LLC v. National Labor Relations Board, Nos. 15-1620 and 15-1860, 8th Cir.; 2016 U.S. App. LEXIS 10002).



11th Circuit: Facility Move Doesn't Eliminate Employer's Bargaining Relationship
ATLANTA - A chemical company's closure of a Louisiana facility and move to an Alabama one doesn't eliminate its bargaining relationship with the union representing its workers, the 11th Circuit U.S. Court of Appeals ruled June 3, enforcing a decision by the National Labor Relations Board (NLRB) (National Labor Relations Board v. Gaylord Chemical Company, LLC, No. 15-10006, 11th Cir.; 2016 U.S. App. LEXIS 10121).



D.C. Circuit: Threats Prevented Free Union Election
WASHINGTON, D.C. - The National Labor Relations Board abused its discretion when it determined that threats made by third parties surrounding a union election did not create a "general atmosphere of fear and reprisal," the District of Columbia Circuit U.S. Court of Appeals ruled May 20, granting in part a petition filed by an employer (ManorCare of Kingston PA, LLC v. National Labor Relations Board, No. 14-1166, D.C. Cir.; 2016 U.S. App. LEXIS 9231).



5th Circuit Approves Narrow Macy's Selling Employees Unit
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 2 enforced the National Labor Relations Board (NLRB) certification of a collective-bargaining unit for a department store's sales staff limited to only those selling at cosmetics and fragrances counters and rejected the department store's argument that the unit needed to include all selling employees and that Specialty Healthcare and Rehabilitation Center of Mobile (357 NLRB No. 83 [2011]) should be overruled (Macy's, Incorporated v. National Labor Relations Board, No. 15-60022, 5th Cir.; 2016 U.S. App. LEXIS 10068).



Certiorari Not Needed In Tribal Casino Labor Law Dispute, NLRB Says
WASHINGTON, D.C. - The Sixth Circuit U.S. Court of Appeals properly found that the National Labor Relations Act applies to an Indian tribe's casino operation, so review of the dispute by the U.S. Supreme Court is not warranted, the National Labor Relations Board says in a May 24 brief in opposition to a petition for certiorari (Little River Band of Ottawa Indians Tribal Government v. National Labor Relations Board, No. 15-1024, U.S. Sup.; 2016 U.S. S. Ct. Briefs LEXIS 2124).



NLRB: Applying NLRA To Indian Casino Does Not Violate Tribe's Sovereignty
WASHINGTON, D.C. - No review is needed of a Sixth Circuit U.S. Court of Appeals finding that the National Labor Relations Board has jurisdiction over an Indian tribe as an employer with respect to its operation of a casino because it was a correct ruling and pending litigation and legislation could decide the issue, the NLRB told the U.S. Supreme Court May 24 (Soaring Eagle Casino and Resort v. National Labor Relations Board, No. 15-1034, U.S. Sup.; 2016 U.S. S. Ct. Briefs LEXIS 2134).



Pennsylvania High Court To Hear Workers' Comp Case Involving Franchisor
HARRISBURG, Pa. - The Pennsylvania Supreme Court on May 3 agreed to hear an appeal of a Commonwealth Court decision to determine whether a franchisor may be subject to liability as a statutory employer under Section 302(a) of the state Workers' Compensation Act (Saladworks LLC, et al. v. Workers' Compensation Appeals Board, et al., No. 52 MAP 2016, Pa. Sup., Middle Dist.).