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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



7th Circuit: EEOC May Continue Investigation After Issuing Right-To-Sue Letter
CHICAGO - The Equal Employment Opportunity Commission may continue investigating an employer by seeking enforcement of its subpoena even after issuing a right-to-sue notice to the charging individuals and the dismissal of those individuals' lawsuit, a Seventh Circuit U.S. Court of Appeals ruled Aug. 15, noting that the matter was one of first impression for the circuit (Equal Employment Opportunity Commission v. Union Pacific Railroad Company, No. 15-3452, 7th Cir., 2017 U.S. App. LEXIS 15228).



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



Limo Drivers' Tip Class Certified; Misclassification Class Is Rejected
BOSTON - A Massachusetts federal judge on July 6 certified one of two classes proposed by a group of limousine drivers who claim that the company with which they contracted failed to turn over all gratuities and misclassified them as independent contractors (Vladimir Chebotnikov, et al. v. LimoLink, Inc., No. 14-13475, D. Mass., 2017 U.S. Dist. LEXIS 104262).



Partial Reversal Of Judgment For Paper Carrier Class Means Revisiting Attorney Fees
SAN DIEGO - A California appellate panel on July 7 partially reversed a trial court's award of nearly $3.2 million and prejudgment interest for a class of newspaper carriers suing for various wage violations and unfair business practices and ordered reconsideration of the more than $6.1 million award for attorney fees given the possible award reduction (Liliana Espejo, et al. v. The Copley Press, Inc., No. D065397, Calif. App., 4th Dist., Div. 1, 2017 Cal. App. LEXIS 609).



Vita-Mix, Kelly Services $1.6M Wages Settlement Is Preliminarily Approved
LOS ANGELES - A California federal judge on July 14 granted preliminary approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and Kelly Services Inc. 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., 2017 U.S. Dist. LEXIS 109863).



Medical Transportation Drivers Claim They Were Paid As Little As $3.61 Per Hour
WASHINGTON, D.C. - Three nonemergency medical transportation (NMET) drivers filed a class complaint on July 13 seeking unpaid wages and alleging that they were paid flat rates that resulted in pay as little as $3.61 per hour for their work (Isaac Harris, et al. v. Medical Transportation Management, Inc., No. 17-1371, D. D.C.).



Managers' Wage-And-Hour Suit Against Starbucks, Teavana Is Sent Back To State Court
LOS ANGELES - A California federal judge on July 12 sent a wage-and-hour class suit filed by managers against Starbucks Corp. and Teavana Corp. to state court, finding that the defendants failed to show that the amount in controversy exceeds $5 million (Marie Hernandez v. Starbucks Corporation, et al., No. 17-3150, C.D. Calif., 2017 U.S. Dist. LEXIS 108081).



Pennsylvania Federal Judge Decertifies Class, Dismisses Health Aides' Wage Claims
PHILADELPHIA - A Pennsylvania federal judge on July 21 decertified a conditionally certified collective action class and granted an employer's motion for summary judgment in a suit filed by a health aide who alleged that she and other similarly situated workers were denied timely wage payments (Markisha Gordon v. Maxim Healthcare Services, Inc., No. 13-7175, E.D. Pa., 2017 U.S. App. LEXIS 113736).



NFL Cheerleader's Wage Claims Amendment Denied; No Refiling Permitted
SAN FRANCISCO - On July 21, approximately two months after dismissing, with leave to amend, Sherman Act and Cartwright Act claims brought by a National Football League (NFL) cheerleader on behalf of a class of cheerleaders who, she alleged, have suffered from suppressed wages, a California federal judge denied a motion for leave to file a first amended complaint and ruled that the plaintiff may not seek further leave to amend (Kelsey K., et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 114199).



Pennsylvania Restaurant Files Counterclaims Against Drivers In Tip-Pooling Suit
WILLIAMSPORT, Pa. - A State College, Pa., restaurant facing a class complaint by five delivery drivers over the restaurant's tip-pooling policy denied the claims in its July 21 answer filed in a Pennsylvania federal court and brought counterclaims accusing the lead named plaintiff of fraud, negligent and intentional misrepresentation and breach of the duty of loyalty (Jacob Wilson, et al. v. Wings Over Happy Valley MDF, LLC, et al., No. 17-915, M.D. Pa.).



California High Court: Marshalls Employees' Info Discoverable In Labor Suit
SAN FRANCISCO - A department store did not meet its burden to show that the contact information of employees is not subject to discovery in a wage-and-hour representative suit, the California Supreme Court held July 13, rejecting arguments of overbreadth and privacy violations and vacating the rulings of an appeals court and a trial court (Michael Williams v. The Superior Court of Los Angeles County and Marshalls of CA LLC, No. S227228, Calif. Sup., 2017 Cal. LEXIS 5124).



Franchise Groups File Amicus Brief In DIRECTV Joint Employer Case
WASHINGTON, D.C. - Five franchise organizations on July 6 filed a joint amicus curiae brief with the U.S. Supreme Court in support of DIRECTV and DirectSat USA LLC, asking the high court to review a Fourth Circuit U.S. Court of Appeals ruling that they say threatens the business franchise model by claiming that multiple entities should be held jointly responsible for the same employees (DIRECTV LLC, et al. v. Marlon Hall, et al., No. 16-1449, U.S. Sup.).



California Federal Judge Cuts Jan-Pro International's Request For Litigation Costs
SAN FRANCISCO - A California federal judge on July 20 assessed costs of $100 for all three plaintiffs in an unsuccessful wage-and-hour class action against cleaning franchisor Jan-Pro Franchising International Inc. (JPI), less than the roughly $1,200 per plaintiff JPI was seeking, because the plaintiffs have shown that they will suffer disproportionate financial harm if full costs are taxed against them (Gloria Roman, et al. v. Jan-Pro Franchising International Inc., No. C 16-05961, N.D. Calif., 2017 U.S. Dist. LEXIS 113458).



Arizona Federal Judge Denies Equitable Tolling Motion In Jimmy John's FLSA Case
PHOENIX - An Arizona federal judge on July 27 denied without prejudice a motion for equitable tolling of the statute of limitations in a putative Fair Labor Standard Act (FLSA) class action brought on behalf of current and former Jimmy John's assistant store managers in Arizona and Michigan, saying that it would constitute an impermissible advisory opinion (Jared Ruder v. CWL Investments LLC, No. 16-04460, D. Ariz., 2017 U.S. Dist. LEXIS 117584).



Massachusetts High Court: Employee Fired For Using Medical Marijuana May Sue
BOSTON - An employee who was fired after testing positive for marijuana due to her lawful medical use of the drug may sue her former employer for handicap discrimination in violation of Massachusetts' medical marijuana act, the Massachusetts Supreme Judicial Court ruled July 17 (Cristina Barbuto v. Advantage Sales and Marketing, LLC, et al., No. SJC-12226, Mass. Sup., 2017 Mass. LEXIS 504).



D.C. Circuit Refuses Enforcement Of NLRB's Fred Meyer Union Ruling
WASHINGTON, D.C. - Calling a ruling by the National Labor Relations Board (NLRB) on a dispute between a retailer and its employees' union "a complete failure to reasonably reflect upon the information contained in the record and grapple with contrary evidence," a District of Columbia Circuit U.S. Court of Appeals panel ruled Aug. 1 that the NLRB must reconsider the whole dispute after acting more like "an advocate than an adjudicator" (Fred Meyer Stores, Inc. v. National Labor Relations Board, No. 15-1135, D.C. Cir., 2017 U.S. App. LEXIS 13910).



Split D.C. Circuit: Casino Surveillance Techs Must Be Represented By Guards' Union
WASHINGTON, D.C. - Surveillance technicians employed by two Las Vegas casinos qualify as "guards" under Section 9(b)(3) of the National Labor Relations Act (NLRA) and may be represented only by an all-guard union, a divided District of Columbia Circuit U.S. Court of Appeals panel ruled July 18 (Bellagio, LLC, et al. v. National Labor Relations Board, No. 16-1191, D.C. Cir., 2017 U.S. App. LEXIS 12844).



6th Circuit: Carriers Must Accept Or Arbitrate Seniority List Accepted By Pilots
CINCINNATI - Two merged airlines must accept or submit to expedited grievance arbitration a pilots seniority list agreed to by the union and representatives for the two groups of pilots, a Sixth Circuit U.S. Court of Appeals panel ruled July 17, adding that the matter is a "major" dispute under the Railway Labor Act (RLA) (Flight Options, LLC, et al. v. International Brotherhood of Teamsters, Local 1108, et al., No. 16-3606, 6th Cir., 2017 U.S. App. LEXIS 12728).



Split Panel Remands CNN Joint Employer Finding, Upholds Successor Employer Finding
WASHINGTON, D.C. - A split District of Columbia Circuit U.S. Court of Appeals panel on Aug. 4 denied enforcement of a National Labor Relations Board's (NLRB) finding that CNN America Inc. was a joint employer of technicians hired by a contractor because the NLRB failed to explain its reasoning, but enforced the NLRB's ruling that CNN was a successor employer and must bargain with the technicians' union (National Labor Relations Board v. CNN America, Inc., et al., No. 15-1112, D.C. Cir., 2017 U.S. App. LEXIS 14342).



5th Circuit Finds T-Mobile Recording Policy Prohibits Employees From Unionizing
NEW ORLEANS - A telecommunications company's policy barring recording in the workplace prohibits employees from exercising unionizing rights, the Fifth Circuit U.S. Court of Appeals ruled July 25, enforcing in part an order by the National Labor Relations Board (NLRB) (T-Mobile USA, Incorporated v. National Labor Relation Board, No. 16-60284, National Labor Relations Board v. MetroPCS Communications, Incorporated, No. 16-60497, 5th Cir., 2017 U.S. App. LEXIS 13470).



Maryland Special Appeals Court Upholds Forfeiture Of Pension Following Harassment
ANNAPOLIS, Md. - A fire captain who was found to have harassed women and created a hostile work environment during the latter part of his tenure was properly denied the entire amount of his pension benefits, a Maryland Court of Special Appeals panel ruled July 27, affirming a determination that county code did not permit an administrative law judge's (ALJ) award of partial benefits (Theodore Priester, Jr. v. Board of Appeals of Baltimore County, No. 1030, Md. Spec. App., 2017 Md. App. LEXIS 760).



Federal Judge Confirms Award In Maritime Employment Dispute
SEATTLE - A Washington federal judge on July 31 granted a motion filed by several fishing and marine companies to enforce a Philippines arbitral award, finding that a former deck hand agreed to the settlement of his claims and had notice of the arbitral proceedings and award (Michael D. Castro v. Tri Marine Fish Company LLC, et al., No. C17-8RSL, W.D. Wash., 2017 U.S. Dist. LEXIS 120037).



11th Circuit Rejects Appeals By Unnamed Former Dukes Plaintiffs As Untimely, Moot
ATLANTA - Unnamed plaintiffs in a suit stemming from Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), that alleged gender discrimination and sought certification of regional classes, filed an untimely appeal of the dismissal of class claims, an 11th Circuit U.S. Court of Appeals panel ruled Aug. 3, adding that their appeal of the order denying their motion to intervene is moot (Penelope Morris, et al. v. Wal-Mart Stores, Inc., No. 15-15260, 11th Cir., 2017 U.S. App. LEXIS 14261).



EEOC Letter Rules Transgender Bias Claims May Proceed Under Title VII
TAMPA, Fla. - A transgender woman's allegations that her employer denied her the opportunity for promotions, partially withheld her wages due and denied medically necessary care due to her transgender status are covered under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, the Equal Employment Opportunity Commission ruled in a July 24 letter of determination.



Split 9th Circuit Upholds Class Arbitration In Data Breach Suit
PASADENA, Calif. - An employee who sued his employer following a data breach must arbitrate his claims but may proceed representing a class because the agreement he signed doesn't bar class arbitration, a split Ninth Circuit U.S. Court of Appeals panel ruled Aug. 3 (Frank Varela, et al. v. Lamps Plus, Inc., et al., No. 16-56085, 9th Cir., 2017 U.S. App. LEXIS 14284).



11th Circuit: Arbitration Agreement Signed After Class Suit Is Valid
ATLANTA - An arbitration agreement signed by an employee after he already filed a class complaint against his employer over a background check is valid and prevents the lawsuit from proceeding, the 11th Circuit U.S. Court of Appeals ruled Aug. 7 (William Jones, et al. v. Waffle House, Inc., et al., No. 16-15574, 11th Cir., 2017 U.S. App. LEXIS 14497).



Pennsylvania High Court: No Vet Preference For Military Academy Cadet
HARRISBURG, Pa. - A cadet at a military academy who never obligated himself to subsequent military service does not qualify for veterans' preference for testing and hiring in Pennsylvania, the Pennsylvania Supreme Court ruled July 25 (Scott R. Blake v. State Civil Service Commission, No. 103 MAP 2016, Pa. Sup., 2017 Pa. LEXIS 1739).



2nd Circuit: FMLA Retaliation Claims Require Motivating Factor Causation Standard
NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 19 vacated a jury verdict for an employer in a Family and Medical Leave Act (FMLA) lawsuit, finding that the retaliation claims brought by the employee required only a "motivating factor" causation standard and that the employee was unduly prejudiced when the jury was permitted to infer that the employee would have answered "yes" to relevant questions at her deposition (Cassandra Woods v. START Treatment & Recovery Centers, Inc., No. 16-1318, 2nd Cir., 2017 U.S. App. LEXIS 13038).



The Dwyer Group CEO Asks Congress To Reverse NLRB's Joint Employer Rule
WASHINGTN, D.C. - The National Labor Relations Board's adoption of an indirect control standard has made employers potentially liable for employees they do not even employ, and the "broad, unpredictable" standard ties the hands of franchisors who want to provide valuable services to their franchisee, the CEO for the Dwyer Group told a House Committee July 12.



Split High Court: District Court Must Review 'Mixed' Civil Service Case
WASHINGTON, D.C. - Review of a dismissal of a mixed case by the Merit Systems Protection Board (MSPB) where, like the present case, an employee complains of adverse action prompted at least in part by the employing agency's violation of federal anti-discrimination laws must occur in the district court, rather than the Federal Circuit U.S. Court of Appeals, a U.S. Supreme Court majority ruled June 23 (Anthony W. Perry v. Merit Systems Protection Board, No. 16-399, U.S. Sup.).



5th Circuit: BNSF Applicant Failed To Prove Withdrawal Of Job Offer Was Biased
NEW ORLEANS - The withdrawal of a job offer following a medical evaluation was not shown to be discrimination as the job applicant was unable to show that she was regarded as disabled, a Fifth Circuit U.S. Court of Appeals panel ruled July 6, upholding a trial court's decision (Kris Arthur v. BNSF Railway Company, No. 16-10270, 5th Cir., 2017 U.S. App. LEXIS 12108).



Time Warner Sued By EEOC For Firing Disabled Employee
RIVERSIDE, Calif. - Time Warner Cable Inc. and Charter Communications Inc. violated the Americans with Disabilities when it fired an account executive less than two weeks after learning she had thyroid cancer, the Equal Employment Opportunity Commission alleges in a complaint filed July 6 in the U.S. District Court for the Central District of California (U.S. Equal Employment Opportunity Commission v. Time Warner Cable, Inc., No. 17-1355, C.D. Calif.).



10th Circuit: Temp Agency, Business Cleared In Firing After Cancer Diagnosis
DENVER - A staffing agency and business that terminated the temporary employment of a worker after she missed a significant amount of work following a cancer diagnosis were properly cleared in a case accusing them of disability discrimination, a 10th Circuit U.S. Court of Appeals panel ruled July 6 (Kristin Punt v. Kelly Services, et al., No. 16-1026, 10th Cir., 2017 U.S. App. LEXIS 12046).



EEOC Sues Georgia KFC Franchise, Alleging Disability Discrimination
ATLANTA - The Equal Employment Opportunity Commission on June 7 filed a lawsuit in Georgia federal court alleging that a Kentucky Fried Chicken restaurant franchise in Dublin, Ga., violated federal law by discriminating against an employee after the owner found out that she was taking medications prescribed by her doctor for bipolar disorder (Equal Employment Opportunity Commission v. Hester Foods Inc., d/b/a Kentucky Fried Chicken, No. 37-cv-00034, S.D. Ga.).



DOJ Flips Support To Employer In Supreme Court Class Waiver Appeal
WASHINGTON, D.C. - The United States filed an amicus curiae brief on June 16 in the U.S. Supreme Court fully supporting the employers in three consolidated appeals challenging the barring of class or collective action waivers in employment agreements, noting that it was changing its position as it had previously filed a petition for a writ of certiorari on behalf of the National Labor Relations Board in one of the cases, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup. (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup.).



Wage Suppression Class Suit Is Settled With No Recovery Due To Employer's Finances
FRESNO, Calif. - A class complaint accusing an employer of suppressing wages by hiring undocumented immigrants was settled June 29 with no recovery for the class due to the defendant's negative net worth due to a multimillion-dollar judgment already entered against him and his lack of future job prospects (Robin Brewer v. Scott Salyer, No. 06-1324, E.D. Calif., 2017 U.S. Dist. LEXIS 101374).



7th Circuit Affirms Certification Limited To Wisconsin Workers In Wage Suit
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on June 22 upheld class certification of Wisconsin workers in a compensable time suit, and the majority noted that the district court acted within its authority when it severed and transferred claims of workers in two other states (Ryan DeKeyser, et al. v. ThyssenKrupp Waupaca, Inc., doing business as Waupaca Foundry, Inc., No. 16-2159, 7th Cir., 2017 U.S. App. LEXIS 11049).



Restrictions On Employer's Use Of Tips Apply Only Where Tip Credit Is Used
DENVER - An employer who pays more than the minimum wage and doesn't use the Fair Labor Standards Act's (FLSA) tip credit is not restricted from holding onto tips from customers, the 10th Circuit U.S. Court of Appeals ruled June 30 (Bridgette Marlow, et al. v. The New Food Guy, Inc., et al., No. 16-1134, 10th Cir., 2017 U.S. App. LEXIS 11678).



Victoria's Secret Agrees To Settle Call-In Scheduling Dispute For $12 Million
LOS ANGELES - Former employees suing Victoria's Secret Stores LLC (VS) for violating California's reporting time law moved in the U.S. District Court for the Central District of California on June 8 for preliminary approval of a $12 million class action settlement (Mayra Casas, et al. v. Victoria's Secret Stores, LLC, et al., No. 14-6412, C.D. Calif.).



More Briefing Ordered As Counsel Tries To Substitute Plaintiffs In Costco Wage Suit
SAN DIEGO - A California federal judge on June 2 ordered supplemental briefing after the counsel representing a class of Costco Wholesale Corp. employees in a wage dispute asked to amend the complaint to substitute new class representatives and to withdraw from representing the lead named plaintiffs after they allegedly reneged on a settlement (Paula Dittmar, et al. v. Costco Wholesale Corp., No. 14-1156, S.D. Calif., 2017 U.S. Dist. LEXIS 85193).



Judge Approves Proposed Settlement For Class Members, FLSA Collective Members
NEWARK, N.J. - A New Jersey federal judge on June 9 granted final approval of a proposed settlement as fair, reasonable and adequate for class members and Fair Labor Standards Act (FLSA) collective members, further approving $450,000 in class counsel fees and costs and a $10,000 service award to the named plaintiff (Juan Luna Dominguez, et al. v. Galaxy Recycling Inc., et al., No. 12-7521, D. N.J., 2017 U.S. Dist. LEXIS 88855).



Judge Rejects Settlement Of PAGA Penalties, Finds Ambiguity On Released Claims
SAN DIEGO - After finding that a proposed settlement of class action claims seeking penalties under the Private Attorneys General Act of 2004 (PAGA) did not leave the class members with a clear option for asserting their non-PAGA claims, a California federal judge on June 12 denied a joint motion for approval of the agreement (David Vargas v. Central Freight Lines Inc., et al., No. 3:16-cv-00507, S.D. Calif., 2017 U.S. Dist. LEXIS 90070).



Judge Finds PAGA Penalties Are Not Included Amount In Controversy
RIVERSIDE, Calif.- After finding that the amount in controversy in a proposed class action filed by an employee, who alleges that her employer failed to record and pay her hours worked, did not meet jurisdictional requirements, a California federal judge on June 30 remanded the case to a state court for lack of jurisdiction (Kymberlee Arnold v. OSF International Inc., d/b/a the Old Spaghetti Factory, et al., No. 17-897, C.D. Calif., 2017 U.S. Dist. LEXIS 103006).



Conditional Class Certification Granted In Oil Field Employees' Wage-And-Hour Suit
PITTSBURGH - An employee of a Pennsylvania oil field who alleges that he was paid miscalculated overtime wages or none at all was granted conditional class certification June 6 in his wage-and-hour lawsuit by a Pennsylvania federal judge (Christopher Meals, et al. v. Keane Frac GP LLC, et al., No. 16-1674, W.D. Pa., 2017 U.S. Dist. LEXIS 86149).



Federal Judge Partly Denies Motion To Conditionally Certify FLSA Collective Action
SAN JOSE, Calif. - A California federal judge on June 9 granted in part and denied in part a retired bus driver's motion to conditionally certify a collective action under the Fair Labor Standards Act (FLSA) (Robert Estorga v. Santa Clara Valley Transportation Authority, No. 16-02668, N.D. Calif., 2017 U.S. Dist. LEXIS 89200).



Florida Federal Judge: No Potential Opt-Ins Means No Uber Driver Collective
MIAMI - A lead plaintiff's failure to show that there are any potential opt-in plaintiffs is fatal to his motion for certification of a misclassification collective action, a Florida federal judge ruled June 27 (Sebastian A. Rojas v. Uber Technologies, Inc., et al., No. 16-23670, S.D. Fla., 2017 U.S. Dist. LEXIS 98716).



Frito-Lay Wage Settlement Rejected For 3rd Time By California Federal Judge
FRESNO, Calif. - A California federal judge on June 27 rejected for the third time a proposed $600,000 settlement agreement reached by Frito-Lay Inc. and a class of plaintiffs bringing wage violations, finding that the plaintiffs' counsel's methodology for arriving at an assumed violation rate continues to be faulty (Eliazar Sanchez, et al. v. Frito-Lay, Inc., No. 14-797, E.D. Calif., 2017 U.S. Dist. LEXIS 99468).



Individual Issues Predominate, No Class Certification For Baked Goods Distributors
SAN FRANCISCO - A California federal magistrate judge on June 28 denied a motion for class certification filed by distributors of baked goods who claim that they were improperly classified as independent contractors, finding that individualized issues predominate (Mark Soares, et al. v. Flowers Foods, Inc., et al., No. 15-4918, N.D. Calif., 2017 U.S. Dist. LEXIS 100418).



California Federal Judge Finds Wage Claims Exceed $12M, Denies Remand
RIVERSIDE, Calif. - A California federal judge on June 22 denied a motion to remand a wage-and-hour class complaint seeking, in part, unpaid compensation for missed meal and rest breaks, finding that the amount in controversy exceeds $12 million (Belen Torrez, et al. v. Freedom Mortgage, Corp., et al., No. 17-867, C.D. Calif., 2017 U.S. Dist. LEXIS 97704).



Washington High Court Ruling On Certified Questions Clarifies Meal Break Violations
OLYMPIA, Wash. - An employee may waive a meal break, clearing the employer from liability as long as the employer can show that that a valid waiver exists, the Washington Supreme Court ruled June 29, answering two questions certified from the U.S. District Court for the Western District of Washington (Michael Brady v. Autozone Stores, Inc., et al., No. 93564-5, Wash. Sup., 2017 Wash. LEXIS 681).



8th Circuit Upholds Verdict For Employer In Legal Process Server's Wage Complaint
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on June 26 upheld a jury verdict in favor of an employer in a lawsuit filed by a legal process server seeking unpaid overtime and alleging that he was misclassified as an independent contractor (Jeffrey Karlson v. Action Process Service & Private Investigations, LLC, et al., No. 15-3322, 8th Cir., 2017 U.S. App. LEXIS 11377).



D.C. Circuit Upholds 3 Out Of 4 NLRB Findings In Employee Expenses Appeal
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appels panel on June 9 enforced three of four findings by the National Labor Relations Board against an employer in a dispute over the employer's 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 (King Soopers, Inc. v. National Labor Relations Board, No. 16-1316, D.C. Cir., 2017 U.S. App. LEXIS 10260).



Illinois Federal Judge Conditionally Certifies Restaurant Workers' Action
CHICAGO - An Illinois federal judge on June 7 conditionally certified a Fair Labor Standards Act (FLSA) collective action brought by Buffalo Wild Wings (BWW) restaurant workers, saying the plaintiffs make a modest showing that the defendants' BWW franchises had a common policy or practice of requiring bartenders and servers to perform non-tipped maintenance or janitorial duties that are not related to their occupations (Lindsay Grosscup, et al. v. KPW Management Inc., et al., No. 16-cv-06501, N.D. Ill., 2017 U.S. Dist. LEXIS 87014).



Oklahoma Federal Judge Grants Cleaning Franchisor's Motion To Dismiss Lawsuit
OKLAHOMA CITY - An Oklahoma federal judge on June 9 granted a cleaning franchisor's motion to dismiss the U.S. Department of Labor's (DOL) Fair Labor Standards Act (FLSA) lawsuit against it, saying the department has not plausibly alleged that the FLSA applies to janitorial cleaners (U.S. Department of Labor v. Jani-King of Oklahoma Inc., No. 5:16-cv-1133, W.D. Okla.).



Minneapolis Council Votes To Raise City's Minimum Wage To $15 An Hour
MINNEAPOLIS - The Minneapolis City Council on June 30 voted 11-1 to raise the city's minimum wage to $15 an hour, joining other large U.S. cities that have increased basic wages.



Appellate Panel Vacates NLRB's Finding Of Anti-Union Animus By Employer
WASHINGTON, D.C. - A divided District of Columbia Circuit U.S. Court of Appeals panel on June 30 vacated a ruling by the National Labor Relations Board that a nonprofit employer violated the National Labor Relations Act (NLRA) by deciding not to increase the wages of the represented employees, finding that there was no showing that the decision was motivated by anti-union animus (Arc Bridges, Inc. v. National Labor Relations Board, No. 15-1113, D.C. Cir., 2017 U.S. App. LEXIS 11667).