Subscribe: LexisNexis® Mealey's™ Employment Law Legal News
http://www.lexisnexis.com/mealeys/rss/legalnews_employmentlaw.xml
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
circuit court  circuit  claims  court appeals  court  dist lexis  federal judge  federal  jan  judge  lexis  supreme court 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

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

LexisNexis® Mealey's™ Employment Law Legal News



Headline Employment Law Legal News from LexisNexis®



 



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



Ford: EEOC Settlement Bars Class Certification In Harassment Suit
CHICAGO - A $10,125,000 settlement between Ford Motor Co. and the Equal Employment Opportunity Commission reached in August 2017 to end claims of racial and sexual harassment largely moots relief being sought by Ford workers in a complaint in the U.S. District Court for the Northern District of Illinois, Ford argues in its Jan. 16 motion to deny class certification (Christie Van, et al. v. Ford Motor Company, No. 14-8708, N.D. Ill.).



Digital Brand Manager's Harassment, Retaliation Claims Tossed By Federal Judge
INDIANAPOLIS - A former radio station employee failed to show that she suffered severe sexual harassment or retaliation on the job leading up to her resignation, an Indiana federal judge ruled Feb. 5 (Kristine Esser Slentz v. Emmis Operating Company, No. 16-2568, S.D. Ind., 2018 U.S. Dist. LEXIS 18300).



Kentucky Fried Chicken Franchise Settles Disability Bias Suit For $30,000
DUBLIN, Ga. - A Kentucky Fried Chicken franchisor, Hester Foods Inc., agreed to pay $30,000 to settle a disability discrimination lawsuit, the Equal Employment Opportunity Commission announced Feb. 1 (Equal Employment Opportunity Commission v. Hester Foods, Inc., No. 17-34, S.D. Ga.).



5th Circuit Reinstates Tutor's Disability Bias, Retaliation Claims
NEW ORLEANS - A tutor with anxiety and other health issues offered sufficient evidence of a disability to proceed with her claims of disability discrimination and retaliation, a Fifth Circuit U.S. Court of Appeals panel ruled Jan. 18 in a per curiam opinion in which it upheld a finding that the appellant's Family and Medical Leave Act (FMLA) claims are time-barred (Christy L. Williams v. Tarrant County College District, No. 16-11804, 5th Cir., 2018 U.S. App. LEXIS 1196).



Court Compels UCL, Discrimination Claims Against Casino To Arbitration
LOS ANGELES - A California appeals court on Jan. 22 affirmed a trial court's ruling granting a motion to compel and to dismiss in favor of a casino, finding that claims for violation of California's unfair competition law (UCL) and discrimination asserted by a former employee, whose employment was rescinded before she began work, were subject to arbitration (Brittney Lee v. California Commerce Club Inc., No. B276171, Calif App., 2nd Dist., Div. 7, 2018 Cal. App. Unpub. LEXIS 444).



Retaliation Claims Trimmed In Suit Over Allstate Agent Reorganization
PHILADELPHIA - A Pennsylvania federal judge on Jan. 29 trimmed retaliation claims asserted under the Age Discrimination in Employment Act (ADEA) and the Employee Retirement Income Security Act in a consolidated lawsuit over Allstate Insurance Co.'s reorganization that switched employee agents to independent contractors, finding that the retaliation claims that were based on Allstate's counterclaims cannot proceed because the counterclaims were not objectively baseless (Gene R. Romero, et al. v. Allstate Insurance Company, et al., Nos. 01-3894, 01-6764, 03-6872, 15-1049 and 15-3047, E.D. Pa., 2018 U.S. Dist. LEXIS 14160).



Respondents In SCOTUS Agency Fee Appeal Ask For Divided Argument
WASHINGTON, D.C. - Respondents in an appeal before the U.S. Supreme Court over mandatory public-sector agency fees for employees who choose not to join a union filed a joint motion for divided argument on Jan. 19, the same day the United States filed a motion for leave to participate in oral argument as amicus curiae (Mark Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al., No. 16-1466, U.S. Sup.).



Summary Judgment Granted For University On 3 Coaches' Sex Orientation Claims
MINNEAPOLIS - Claims by three university coaches who allege that they lost their jobs and suffered a hostile work environment due to their sexual orientation fail based on the merits and lack of jurisdiction, but one coach may proceed with her gender bias and retaliation claims, a Minnesota federal judge ruled Feb. 1 (Shannon Miller, et al. v. The Board of Regents of the University of Minnesota, No. 15-3740, D. Minn., 2018 U.S. Dist. LEXIS 17531).



Indiana Federal Judge Strikes Some Opinions In Cardiologist's Race Bias Case
FORT WAYNE, Ind. - A medical expert for a doctor's race bias claims against his former employer used no reliable reasoning or methodology in forming his opinions on the doctor's state of mind when seeking consultations and on the employer's peer-review process, so the opinions are inadmissible, a federal judge in Indiana ruled Feb. 5 (Bhaktavatsala R. Apuri, M.D. v. Parkview Health Systems, Inc., et al., No. 1:16-cv-363, N.D. Ind., 2018 U.S. Dist. LEXIS 17986).



6th Circuit Upholds Ruling For Medical College In Professor's Bias Suit
CINCINNATI - A medical college professor was unable to substantiate his claims that his removal as chair and alleged demotion from full professor to associate professor were caused by racial discrimination and retaliation, a Sixth Circuit U.S. Court of Appeals panel ruled Jan. 22 (Robert M. Block v. Meharry Medical College, No. 17-5484, 6th Cir., 2018 U.S. App. LEXIS 1392).



U.S. High Court Won't Rule On Authority Of Magistrate Judge
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari by Wisconsin's Labor and Industry Review Commission seeking to overturn a decision by the Seventh Circuit U.S. Court of Appeals that found that a magistrate judge lacks authority to enter final judgment when the unserved defendant has not consented to a magistrate judge's exercise of authority (Labor and Industry Review Commission of the State of Wisconsin v. Tracey Coleman, No. 17-579, U.S. Sup., 2018 U.S. LEXIS 650).



10th Circuit: Fire Chief Failed To Show Bias In Investigation Or Firing
DENVER - A fire chief who was investigated and then fired after concerns were raised about other members of the fire department misappropriating funds failed to show that he was targeted or treated differently due to his race, a 10th Circuit U.S. Court of Appeals panel ruled Jan. 26 (Proctor Andrew Young v. City of Idabel, et al., No. 16-7018, 10th Cir., 2018 U.S. App. LEXIS 2056).



Honeywell Will Appeal Temporary Injunction In Early Retirement Benefits Dispute
MINNEAPOLIS - Honeywell filed a notice of appeal on Jan. 31 in the U.S. District Court for the District of Minnesota, the same day a district court judge issued an amended opinion granting a motion for preliminary injunction filed by a class of retirees seeking to stop the termination of their health care benefits (Augustine Pacheco, et al. v. Honeywell International Inc., No. 17-5048, D. Minn., 2018 U.S. Dist. LEXIS 15699).



Texas Federal Judge Dismisses Remaining Bias Claim In Gender Dysphoria Suit
DALLAS - A Texas federal judge on Jan. 26 dismissed the remaining discrimination claim in a disability claimant's suit seeking benefits under a short-term disability (STD) plan for breast augmentation surgery to treat the illness of gender dysphoria after determining that the claimant failed to prove that the employer discriminated against her under Title VII of the Civil Rights Act (Charlize Marie Baker v. Aetna Life Insurance Co., et al., No. 15-3679, N.D. Texas; 2018 U.S. Dist. LEXIS 12854).



EEOC Wants Federal Judge To Rethink Imposing Deadlines For ACA Rule Making
WASHINGTON, D.C. - A federal judge lacks the power to impose deadlines on a federal agency's rule-making process related to a Patient Protection and Affordable Care Act (ACA) rule governing employee wellness program disclosures and discounts, the agency argues in a Jan. 16 brief filed in the U.S. District Court for the District of Columbia (AARP v. United States Equal Employment Opportunity Commission, No. 16-2113, D. D.C.).



6th Circuit: Retired Police Lieutenant Failed To Show Age Caused Suspension
CINCINNATI - A police lieutenant failed to show that his age caused his work restrictions and disproportionate suspension following a finding that he and several other police department officials had been deficient in performing their duties when they determined that an officer appropriately used force during an arrest, a Sixth Circuit U.S. Court of Appeals panel ruled Feb. 1 (Melvin Brown, Jr. v. Metropolitan Government of Nashville and Davidson County, No. 17-5603, 6th Cir., 2018 U.S. App. LEXIS 2454).



Motion To Compel Deposition Of Third Party Granted In Starbucks FCRA Class Suit
SEATTLE - A Washington federal judge on Jan. 8 granted a motion to compel deposition of a third party filed by the lead plaintiff in a class suit accusing Starbucks Corp. of violating the Fair Credit Reporting Act (FCRA) by revoking employment offers made to job applicants with negative results on their background checks before providing applicants with a copy of the checks and a description of their rights (Jonathan Santiago Rosario, et al. v. Starbucks Corporation, No. 16-1951, W.D. Wash., 2018 U.S. Dist. LEXIS 3825).



Ogletree Attorney Seeks More Than $300 Million In Equal Pay Act Class Lawsuit
SAN FRANCISCO - Ogletree, Deakins, Nash, Smoak & Stewart favors men in pay, promotions and other opportunities, and leadership fosters an environment where women are marginalized and demeaned, one female attorney and nonequity shareholder of the firm alleges in her class and collective action complaint seeking more than $300 million, filed Jan. 12 in a California federal court (Dawn Knepper, et al. v. Ogletree, Deakins, Nash, Smoak & Stewart, P.C., No. 18-303, N.D. Calif.).



ICE Raids 98 7-Eleven Franchise Stores Throughout Country
U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) special agents on Jan. 10 raided 98 7-Eleven franchise stores as part of agents' crackdown on illegal immigrants. Agents served notices of inspection, also known as I-9 audit notices, and interviewed stores' employees and managers.



Car Dealership Tells High Court That 'Service Advisors' Are Exempt From Overtime
WASHINGTON, D.C. - Car dealership "service advisors" are salesmen primarily engaged in "serving automobiles" and, as a result, are exempt from receiving overtime wages under the Fair Labor Standards Act (FLSA), a California dealership argues in its reply brief filed Jan. 8 in the U.S. Supreme Court (Encino Motorcars, LLC v. Hector Navarro, et al., No. 16-1362, U.S. Sup.).



DOL Clarifies Student Intern Wage Test Following 9th Circuit Ruling
WASHINGTON, D.C. - The U.S. Department of Labor (DOL) on Jan. 5 issued a clarification on interns and wages and, citing a recent decision on the issue by the Ninth Circuit U.S. Court of Appeals, stated that "going forward, the Department will conform to these appellate court rulings by using the same 'primary beneficiary' test that these courts use to determine whether interns are employees under the FLSA [Fair Labor Standards Act]."



Split Ohio Appeals Panel: Wage Class May Proceed With Members Who Agreed To Arbitrate
WARREN, Ohio - A divided Ohio appeals court panel on Dec. 11 upheld certification of a class of sales people suing the employer for "pulling" earned commissions, finding that the fact that the class definition encompasses some employees who signed an arbitration agreement not signed by the class representative does not doom the certification (Edward G. Gembarski, et al. v. PartsSource, Inc., No. 2016-P-0077, Ohio App., 11st Dist., 2017 Ohio App. LEXIS 5383).



9th Circuit: Wage Class Should Be Certified, Notice Of Violation Was Given
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 7 reversed the denial of class certification in a wage-and-hour complaint, finding that the pleadings provided sufficient notice to the employer of violations of California Labor Code Section 226(a) violations, whether direct or derivative, and the district court must conduct a Federal Rule of Civil Procedure 23 analysis (Silken Brown, et al. v. Cinemark USA, Inc., et al., No. 16-15377, 9th Cir., 2017 U.S. App. LEXIS 24764).



Yard House Restaurant Worker's Wage Suit Is Stayed Pending Ruling In Morris
LOS ANGELES - A California federal judge on Dec. 11 stayed the proceedings in a wage-and-hour class complaint filed by a restaurant employee in which the defendants moved to compel arbitration, pending the U.S. Supreme Court's ruling in Morris v. Ernst & Young LLP, 834 F. 3d 975 (9th Cir. 2016), certiorari granted, Ernst & Young, LLP v. Morris, 137 S. Ct. 809 (2017) (Jener Da Silva v. Darden Restaurants, Inc., et al., No. 17-5663, C.D. Calif., 2017 U.S. Dist. LEXIS 203437).



Swift Transportation Workers' Wage Class Suit Is Sent Back To State Court
RIVERSIDE, Calif. - A California federal judge on Dec. 7 granted a motion to remand a wage-and-hour class complaint by yard hostlers, finding that the federal court does not have subject matter jurisdiction over the claims because the amount in controversy, minus an estimate on the damages statement for an unpleaded claim, is below $5 million (Grant Frisch v. Swift Transportation Co. of Arizona, LLC, No. 17-2226, C.D. Calif., 2017 U.S. Dist. LEXIS 202705).



Steak N Shake Managers Granted Certification In Wage Dispute
ST. LOUIS - A Missouri federal judge on Dec. 22 certified a collective of Steak N Shake Operations Inc. (SnS) managers suing for unpaid overtime, finding that the managers showed that their experiences in terms of how they spend their time at work and to what extent they exercise management responsibilities are substantially similar (Sandra Drake, et al. v. Steak N Shake Operations, Inc., No. 14-1535, E.D. Mo., 2017 U.S. Dist. LEXIS 210630).



California Panel Reverses Dismissal Of City's UCL Claims Against Contractors
LOS ANGELES - After finding that the city of Los Angeles' claims that a company and its owner conspired with subcontractors to pay employees wages less than the prevailing rate while working on a construction project were sufficient to support a claim for violation of California's unfair competition law (UCL), a state appellate panel on Dec. 12 reversed the trial court's ruling sustaining demurrers as to the city's claims against them (The People v. Mackone Development, et al., No. B268991, Calif. App., 2nd Dist., Div. 7, 2017 Cal. App. Unpub. LEXIS 8463).



Class Certification, But No Tolling In Sephora Workers' Wage Suit
SAN FRANCISCO - A California federal judge on Dec. 8 granted a motion for conditional certification of a Fair Labor Standards Act (FLSA) claim brought by current and former employees of Sephora USA Inc. but denied the plaintiffs' request for equitable tolling (Lacey Hernandez, et al. v. Sephora USA, Inc., No. 16-5392, N.D. Calif., 2017 U.S. Dist. LEXIS 203452).



6th Circuit Won't Review Certification In Nurses' Missed Breaks Wage Suit
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Jan. 8 denied an employer's petition for permission to appeal a district court's certification of a class of nurses in a collective action filed under the Fair Labor Standards Act (FLSA) seeking wages for missed breaks (In re: Marietta Memorial Hospital, et al., No. 17-0312, 6th Cir., 2018 U.S. App. LEXIS 460).



7th Circuit Reverses Anti-Suit Injunction In Suits Over Pay At Jimmy John's
CHICAGO - Calling an anti-suit injunction an "extraordinary" form of relief, a Seventh Circuit U.S. Court of Appeals panel on Dec. 14 found that a district court erred in providing that relief to a sandwich shop franchisor that is being sued in three consolidated suits seeking wages, in parallel wage cases where the franchisor is not named as a defendant and claims are brought only against the franchisees (In re: Jimmy John's Overtime Litigation, No. 17-1655, 7th Cir., 2017 U.S. App. LEXIS 25282).



Assistant Managers Conditionally Certified In Applebee's Franchise Wage Suit
CHICAGO - An Illinois federal judge on Dec. 8 partially granted conditional certification in a class complaint brought by a restaurant franchise assistant manager (AM) who alleges that she and others were misclassified as exempt under the Fair Labor Standards Act (FLSA) and Illinois wage laws but granted a motion to dismiss by one of the franchisee defendants and gave the lead plaintiff one month to amend her complaint to show that that the defendant was her employer (Chamora Ivery, et al. v. RMH Franchise Corp., et al., No. 17-1619, N.D. Ill., 2017 U.S. Dist. LEXIS 202270).



Split NLRB Overrules Browning-Ferris, Reverts To Prior Joint-Employer Standard
WASHINGTON, D.C. - The National Labor Relations Board on Dec. 14, in a 3-2 decision overruled the 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015), and reinstated the joint-employer standard in place prior to that decision (Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., et al., Nos. 25-CA-163189, 25-CA-163208, 25-CA-163297, 25-CA-163317, 25-CA-163373, 25-CA-163376, 25-CA-163398, 25-CA-163414, 25-CA-164941, and 25-CA-164945, NLRB).



U.S. Supreme Court Won't Hear DIRECTV Joint Employer Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 declined to hear the appeal by DIRECTV and DirectSat USA LLC seeking reversal of a ruling by the Fourth Circuit U.S. Court of Appeals that cable technicians who install and repair DIRECTV satellite systems have stated a plausible claim that they are jointly employed by DIRECTV and a home service provider (DIRECTV LLC, et al. v. Marlon Hall, et al., No. 16-1449, U.S. Sup.).



3rd Circuit: Protected Activity Must Be 'But-For' Cause For FCA Retaliation
PHILADELPHIA - A protected activity by an employee must be the "but-for" cause of an adverse action to prove retaliation under the False Claims Act (FCA), a Third Circuit U.S. Court of Appeals panel ruled Jan. 3 (Marie DiFiore v. CSL Behring, LLC, No. 16-4297, 3rd Cir., 2018 U.S. App. LEXIS 92).



High Court Won't Hear Former FEC Attorney's Whistleblower Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by a former Federal Election Commission (FEC) attorney who claims that she was wrongfully fired in retaliation for allegedly blowing the whistle on a nominated commissioner (Marne K. Mitskog v. Merit Systems Protection Board, No. 17-6479, U.S. Sup.).



NLRB Overrules 2004 Decision On Workplace Rules And Protected Activities
WASHINGTON, D.C. - The National Labor Relations Board in a 3-2 vote on Dec. 14 overruled the standard governing workplace rules and whether they interfere with the exercise of rights protected under the National Labor Relations Act (NLRA) and established a new test to be used when evaluating a facially neutral policy, rule or handbook provision that could potentially interfere with the exercise of NLRA rights (The Boeing Company and Society of Professional Engineering Employees in Aerospace, IFPTE Local 2001, Nos. 19-CA-090932, 19-CA-090948 and 19-CA-095926, NLRB).



NLRB Allows Judge To Accept Settlement, Despite Objections By Charging Party
WASHINGTON, D.C. - The National Labor Relations Board, in a 3-2 decision issued Dec. 11, held that administrative law judges (ALJs) can accept a respondent's proposed settlement terms over objections by the general counsel and charging party as long as the settlement terms are reasonable under the standard established in Independent Stave, 287 NLRB 740 (1987) (UPMC, et al. and SEIU Healthcare Pennsylvania CTW, CLC, Nos. 06-CA-102465, 06-CA-102494, 06-CA-102516, 06-CA-102518, 06-CA-102525, 06-CA-102534, 06-CA-102540, 06-CA-102542, 06-CA-102544, 06-CA-102555, 06-CA-102559, 06-CA-104090, 06-CA-104104, 06-CA-106636, 06-CA-107127, 06-CA-107431, 06-CA-107532, 06-CA-107896, 06-CA-108547, 06-CA-111578, and 06-CA-115826, NLRB).



United States Tells U.S. Supreme Court To Overrule Abood
WASHINGTON, D.C. - Abood v. Detroit Board of Education, 431 U.S. 209 (1977), must be overturned because upholding the ruling compels "subsidization of union speech for political or ideological causes" in violation of the First Amendment to the U.S. Constitution, the United States argues in a Dec. 6 amicus brief filed in a public-sector agency fees appeal, switching its position of previously defending Abood (Mark Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al., No. 16-1466, U.S. Sup.).



Specialty Healthcare Overruled By NLRB In Union Representation Case
WASHINGTON, D.C. - A split National Labor Relations Board on Dec. 15 overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), clarified the standard to be used for determining whether a proposed bargaining unit constitutes an appropriate unit for collective bargaining and reinstated the community-of-interest standard as outlined in United Operations, Inc., 338 NLRB 123 (2002) (PCC Structurals, Inc. and International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge W24, No. 19-RC-202188, NLRB).



Split NLRB Overrules DuPont In Decision On Duty To Bargain Changes
WASHINGTON, D.C. - The National Labor Relations Board, in a 3-2 decision issued Dec. 15, overruled E.I. du Pont de Nemours, 364 NLRB No. 113 (2016) (DuPont), calling the majority opinion "fundamentally flawed" and holding that an employer's modification of unit employee health care benefits following the expiration of a collective bargaining agreement (CBA) was simply a continuation of past practice and not a "change" requiring notice to the union and an opportunity to bargain (Raytheon Network Centric Systems and United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, No. 25-CA-092145, NLRB).



Split 4th Circuit Reinstates EEOC's Equal Pay Act Claims Against Maryland Agency
RICHMOND, Va. - A divided Fourth Circuit U.S. Court Appeals panel on Jan. 5 reinstated Equal Pay Act (EPA) claims brought by the Equal Employment Opportunity Commission on the behalf of three women against the Maryland Insurance Administration (MIA), finding that a jury must decide whether the reasons for the pay disparity provided by MIA were pretext for gender discrimination (U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration, No. 16-2408, 4th Cir., 2018 U.S. App. LEXIS 298).



$50M Punitive Damages Award In Age Bias Suit Is Set Aside; New Trial Granted
CAMDEN, N.J. - Calling a jury's punitive damages verdict in favor of a former Lockheed Martin Corp. employee on his claims of age discrimination a shock to "this court's conscience," a New Jersey federal judge on Dec. 18 granted a motion for a new trial filed by Lockheed as to the $50 million award (Robert Braden v. Lockheed Martin Corp., No. 14-4215, D. N.J., 2017 U.S. Dist. LEXIS 207236).



Split Kentucky High Court Reverses Limit On Older Worker's Disability Benefits
FRANKFORT, Ky. - A split Kentucky Supreme Court on Dec. 14 reversed a two-year time limit placed by an administrative law judge (ALJ) on partial disability benefits for a worker who was 71 when he was injured on the job and remanded with instructions to extend the benefits without regard to the Kentucky disability statute cited by the ALJ (Fannie L. Cruse v. Henderson County Board of Education, et al., No. 2015-SC-000506-WC, Ky. Sup., 2017 Ky. Unpub. LEXIS 67).



Employees: ADEA's Numerosity Requirement Doesn't Apply To Political Subdivision
WASHINGTON, D.C. - The U.S. Supreme Court should deny a petition for writ of certiorari filed by a political subdivision in an age discrimination dispute as the Ninth Circuit U.S. Court of Appeals did not err in finding that the Age Discrimination in Employment Act's (ADEA) numerosity requirement doesn't apply to state political subdivisions, two workers argue in their Dec. 18 brief in opposition (Mount Lemmon Fire District v. John Guido, et al., No. 17-587, U.S. Sup.).



T-Mobile, Amazon And Employer Defendant Class Hit With Age Discrimination Suit
SAN JOSE, Calif. - T-Mobile US Inc., Amazon.com Inc., Cox Communications Inc. and hundreds of other employers and employment agencies specifically exclude older workers by targeting their employment ads to younger workers on social media, three workers and the Communications Workers of America (CWA) argue in a Dec. 20 class complaint filed in a California federal court (Communications Workers of America, et al. v. T-Mobile US, Inc., et al., No. 17-7232, N.D. Calif.).



High Court Denies Review Of Age Discrimination Claim Against Health Care Provider
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by a former employee of a health care provider who claimed age discrimination (Virginia Lay v. Singing River Health System, No. 17-396, U.S. Sup.).



Sub-Franchisee, Not IHOP Or Licensee, May Face Server's Age-Bias Claims
VALDOSTA, Ga. - A Georgia federal judge on Dec. 28 granted a pancake chain and a licensee's motion for summary judgment in a server's pro se age-bias suit, finding that they were not the plaintiff's employers and, on the same day, ordered the plaintiff to show cause why the lawsuit should not also be dismissed against the remaining defendant, a sub-franchisee, for failure to serve pursuant to Federal Rule of Civil Procedure 4(m) (Nanine Boon v. Clark Foods, Inc., et al., No. 16-160, M.D. Ga., 2017 U.S. Dist. LEXIS 212402).



Employer Asks High Court To Find Lifetime Benefits Ruling Misinterpreted Tackett
WASHINGTON, D.C. - The Sixth Circuit U.S. Court of Appeals misinterpreted the U.S. Supreme Court's unanimous ruling in M & G Polymers USA, LLC v. Tackett, 135 S. Ct. 926 (2015), and recreated a conflict among the circuits when it held that the health care benefits for a class of retirees vested for life, an employer tells the U.S. Supreme Court in its Dec. 1 reply brief in support of its petition for writ of certiorari (CNH Industrial N.V., et al. v. Jack Reese, et al., No. 17-515, U.S. Sup.).



Correction Facility Operator Will Settle Sex Harassment Claims For $550,000
PHOENIX - The Geo Group Inc., the operator of the Central Arizona Correction Facility and Arizona State Prison-Florence West Facility in Florence, Ariz., will pay $550,000 and provide other relief to settle sexual harassment and retaliation claims filed by the Equal Employment Opportunity Commission and the Arizona Civil Rights Division of the Attorney General's Office, the EEOC announced Jan. 8 (The State of Arizona, et al. v. The Geo Group, Inc., No. 10-1995, D. Ariz.).



U.S. Supreme Court Won't Hear Security Officer's Sexual Orientation Bias Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 11 declined to hear an appeal by a former hospital security officer seeking sexual orientation discrimination protection under Title VII of the Civil Rights Act of 1964 (Jameka K. Evans v. Georgia Regional Hospital, et al., No. 17-370, U.S. Sup.).



Federal Judge Trims Retaliation Claim In Worker's Race, Orientation Bias Suit
PORTLAND, Ore. - An Oregon federal judge on Jan. 4 narrowed the scope of a retaliation claim in a lawsuit filed by a grocery store worker who alleges discrimination based on her race and sexual orientation, finding that the worker failed to show a written corrective notice based on attendance violations was pretextual (Tiffany Goldsby v. Safeway Inc., No. 16-2056, D. Ore., 2018 U.S. Dist. LEXIS 1599).



U.S. Supreme Court Won't Weigh In On Noncompete Dispute
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by an employee seeking a ruling on noncompete agreements under the Restatement (Second) of Conflict of Laws (Christopher Ridgeway, et al. v. Stryker Corporation, et al., No. 17-556, U.S. Sup.).



Judge Partially Compels Cruise Line Worker's Claims To Arbitration
MIAMI - A Florida federal judge on Dec. 12 found that a cruise line worker's negligence claims against her employer must be arbitrated in the Bahamas pursuant to the terms of her employment agreement, but remanded claims against another cruise line and her coworker to a state court, because they were not signatories to the arbitration agreement (Michelle Haasbroek v. Princess Cruise Lines Ltd., No. 17-cv-22370, S.D. Fla., 2017 U.S. Dist. LEXIS 204025).



Class Claims Over Airline's Revocation Of Hiring Program Are Preempted By RLA
CHICAGO - An aviation maintenance technician's breach of contract class claims filed after his employer eliminated the program under which he was hired, affecting the speed at which he would achieve the top pay he was promised, are preempted by the Railway Labor Act (RLA), an Illinois federal judge ruled Dec. 18, granting the defendant's motion to dismiss (Thomas Ballard, et al. v. American Airlines, Inc., No. 17-2534, N.D. Ill., 2017 U.S. Dist. LEXIS 206948).



Hospital Sued By Former Employee Over Use, Disclosure Of Fingerprints
CHICAGO - An Illinois man filed a class complaint on Dec. 21 in an Illinois state court accusing a Chicago hospital of violating state law by collecting, storing and disclosing employees' fingerprints and then failing to destroy the data when employment ends (Corey Heard, et al. v. St. Bernard Hospital, et al., No. 2017-CH-16828, Ill. Cir., Cook Co.).



Judge Seeks More Class Allocation Info Before Approving Race Bias Settlement
CHICAGO - An Illinois federal judge on Dec. 20 ordered plaintiffs in a race bias employment suit seeking to settle with one of four defendants to file additional allocation information before he would consider granting preliminary approval (Brian Lucas, et al. v. Vee Pak, Inc., et al., No. 12-9672, N.D. Ill., 2017 U.S. Dist. LEXIS 209872).



U.S. Supreme Court Won't Hear Case Arguing CSX Is Liable For Employee's Death
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by the wife of a deceased railway conductor arguing that the policies of her husband's employer regarding remote work and contacting emergency services caused him to die at a remote worksite after suffering a heart attack (Crystal Sells v. CSX Transportation, Inc., No. 17-384, U.S. Sup.).



California Appeals Court Reinstates Man's Suit Over Workers' Compensation Fraud
RIVERSIDE, Calif. - A California appeals court panel on Dec. 19 overturned a trial court judge's ruling dismissing a man's lawsuit accusing his former supervisor and employer of violating the Insurance Fraud Prevention Act (IFPA) by making false statements that resulted in the denial of his claim, finding that the suit was not barred by the litigation privilege or the workers' compensation exclusivity rule (California, ex. rel. Mahmoud Alzayat v. Gerald Hebb, et al., No. E066471, Calif. App., 4th Dist., 2nd Div., 2017 Cal. App. LEXIS 1133).



Kentucky Appeals Panel Affirms Summary Judgment In Workplace Injury Suit
LEXINGTON, Ky. - A panel of the Kentucky Court of Appeals on Jan. 5 affirmed a trial court's decision to grant summary judgment to a temporary work agency after finding that a woman's claims that she was injured in a car crash while on her way to pick up her paycheck are barred under the exclusivity provision of the Kentucky Workers' Compensation Act (Cheryl L. Deems v. Minute Men Inc., No. 2014-ca-002051, Ky. App., Ky. App. LEXIS 19).



8th Circuit: Fired Employee Failed To Show Religious Or Gender Discrimination
ST. LOUIS - An account executive who was fired for poor performance following multiple issues with his main account failed to prove his claims that the reasons given for his termination were actually pretext for religious and gender discrimination, an Eighth Circuit U.S. Court of Appeals panel ruled Jan. 9 (Aaron C. Rooney v. Rock-Tenn Converting Company, et al., No. 16-3631, 8th Cir., 2018 U.S. App. LEXIS 494).



10th Circuit Finds No Sanction Needed In Bias Suit Where There Was No Bad Faith
DENVER - A district court did not abuse its discretion in denying a request for a sanction against an employer accused of failing to preserve records related to hiring decisions because there was no evidence that the destruction was carried out in bad faith, a 10th Circuit U.S. Court of Appeals panel ruled Dec. 28 (Equal Employment Opportunity Commission, et al. v. JetStream Ground Services, Inc., No. 17-1003, 10th Cir., 2017 U.S. App. LEXIS 26867).



U.S. High Court Won't Weigh In On Firing Of Delta Agent Following Alleged Theft
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 declined to hear an appeal filed by a former airline customer service agent alleging that he was improperly fired after he allegedly stole money from a customer's lost purse (Carlos Clemons v. Delta Airlines, Inc., No. 17-597, U.S. Sup.).



6th Circuit: Van Driver's Disability Bias Claims Fail As She Was Unqualified
CINCINNATI - A woman who was fired after her medical leave ran out while she was not cleared to return to work driving a van failed to show that her termination violated the American with Disabilities Act (ADA) or the Family Medical Leave Act (FMLA), a Sixth Circuit U.S. Court of Appeals panel ruled Dec. 22 (Malinda Cooley v. East Tennessee Human Resource Agency, Inc., No. 17-5355, 6th Cir., 2017 U.S. App. LEXIS 26345).



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



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



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



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



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



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



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



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



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



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



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



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