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

LexisNexis® Mealey's™ Employment Law Legal News



Headline Employment Law Legal News from LexisNexis®



 



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).



U.S. High Court Denies Certiorari In Macy's Bargaining Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on June 19 denied a petition for writ of certiorari filed by Macy's Inc., seeking a ruling on "[w]hether the National Labor Relations Board must explain the legal significance of factual distinctions between included and excluded employees when deciding if a petitioned-for 'unit [is] appropriate for collective bargaining'" (Macy's Inc. v. National Labor Relations Board, No. 16-1016, U.S. Sup.).



Split Labor Board Denies Reviews Of Bargaining Units That Include Student Employees
WASHINGTON, D.C. - A split National Labor Relations Board issued two orders on July 6 declining to review regional directors' direction of election for two school bargaining units that include student employees (The New School and Student Employees at the New School-SENS UAW, No. 02-RC-143009, NLRB, Loyola University Chicago and Service Employees International Union Local 73, CLC/CTW, No. 13-RC-189548, NLRB).



7th Circuit Upholds Arbitrators' Awards Against Hyatt In Union Disputes
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 6 upheld awards by two arbitrators in favor of a union in disputes over bargaining unit work being performed by supervisors, finding that the awards don't prevent pending and future disputes regarding the same issue from being arbitrated (Unite Here Local 1 v. Hyatt Corporation, doing business as Hyatt Regency Chicago, No. 15-3668, 7th Cir., 2017 U.S. App. LEXIS 12101).



8th Circuit: Jimmy John's Franchise Owner Within Rights To Fire Union Workers
ST. LOUIS - The full Eighth Circuit U.S. Court of Appeals on July 3 ruled that a company that owns 10 Jimmy John's Franchise LLC sandwich shops in the Twin Cities was within its rights to fire six union workers who circulated posters critical of the company's sick leave policy, saying they made a "sharp, public disparaging attack upon the quality of the company's product and its business policies, in a manner reasonably calculated to harm the company's reputation and reduce its income" (MikLin Enterprises Inc. v. National Labor Relations Board, et al., No. 14-3099, 8th Cir., 2017 U.S. App. LEXIS 11792).



7th Circuit: Claim Of Race Bias Under Little-Used Statute Must Show Adverse Action
CHICAGO - A racial bias claim brought by the Equal Employment Opportunity Commission on behalf of a sales manager who claimed that he was transferred out of a particular store because he was a different race than the surrounding neighborhood fails as the claimant must show an action that adversely affected his employment status, a Seventh Circuit U.S. Court of Appeals panel ruled June 20 (United States Equal Employment Opportunity Commission v. AutoZone, Inc., et al., No. 15-3201, 7th Cir., 2017 U.S. App. LEXIS 10903).



MetLife Settles Race Bias Class Claims For $32.5 Million
NEW YORK - A New York federal judge on June 27 granted final approval of a $32.5 million settlement to be paid by Metropolitan Life Insurance Co. to end claims by financial services representatives (FSRs) that it maintained a racially biased culture and maintained policies and practices that resulted in a segregated workforce and steered accounts and business opportunities away from black FSRs (Marcus Creighton, et al. v. Metropolitan Life Insurance Company, No. 15-8321, S.D. N.Y.).



9th Circuit: Arbitration Agreement Doesn't Moot Retaliatory Discharge Suit
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 26 reversed a trial court's ruling that an employee's retaliatory discharge complaint against Neiman Marcus Group Inc. was mooted by a mandatory arbitration agreement and remanded for further proceedings (Tayler Bayer v. Neiman Marcus Group, Inc., No. 15-15287, 9th Cir., 2017 U.S. App. LEXIS 11294).



3rd Circuit Panel Affirms Company Didn't Intend For Health Benefits To Vest
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on June 15 affirmed summary judgment for Johnson Controls Inc. in an Employee Income Retirement Act lawsuit, saying that language in collective bargaining agreements (CBAs) and insurance booklets indicates that the company never intended for retirees' health insurance benefits to vest (William Grove Sr., et al. v. Johnson Controls Inc., et al., No. 16-2178, 3rd Cir., 2017 U.S. App. LEXIS 10615).



Federal Judge Grants Injunction For Retirees In Medical Coverage Dispute
HARTFORD, Conn. - A Connecticut federal judge on June 27 granted retired union employees' motion for a preliminary injunction and ordered Honeywell International Inc. to reinstate previously existing medical coverage benefits, saying that the threat of termination and the actual termination of medical coverage benefits constitute irreparable harm (David Kelly, et al. v. Honeywell International Inc., No. 3:16-cv-00543, D. Conn., 2017 U.S. Dist. LEXIS 99419).



Texas High Court Reverses Ruling On Same-Sex Benefits Injunction
AUSTIN, Texas - The Texas Supreme Court on June 30 reversed an appellate panel's reversal of a temporary injunction issued in a lawsuit by taxpayers challenging a Texas city's expansion of employee benefits to include same-sex spouses, finding that the appellate panel's opinion and judgment could be read to impose greater restrictions than required by the high court's precedent or the precedent established in Obergefell v. Hodges (Jack Pidgeon, et al. v. Mayor Sylvester Turner, et al., No. 15-0688, Texas Sup., 2017 Tex. LEXIS 654).



Judge Refuses To Remand UCL, Labor Code Claims Against Health Care Center
LOS ANGELES - A California federal judge on July 5 refused to remand class action claims for violation of California's Labor Code and unfair competition law (UCL) asserted by an employee against a health care center and payroll company, finding that the employer and payroll company showed that the amount in controversy will exceed $5 million (Maricela Reyes v. Carehouse Healthcare Center LLC, et al., No. 16-01159, C.D. Calif., 2017 U.S. Dist. LEXIS 103764).



City Colleges Of Chicago Settles EEOC Age Bias Lawsuit For $60,000
CHICAGO - City Colleges of Chicago will pay $60,000 to settle a federal age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of a 66-year-old adjunct professor who was passed over for a full-time faculty position because of her age, the EEOC announced in a June 14 press release (Equal Employment Opportunity Commission v. City Colleges of Chicago d/b/a Harold Washington College, No. 1:14-cv-5864, N.D. Ill.).



AARP Asks High Court To Review 'Errant' Ruling That ADEA Bars Damages
WASHINGTON, D.C. - AARP and the AARP Foundation on June 15 filed an amicus curiae brief with the U.S. Supreme Court asking the high court to review an "errant" Fifth Circuit U.S. Court of Appeals holding that no damages beyond lost wages are available in retaliation cases under the Age Discrimination in Employment Act (ADEA), saying the appeals panel's reasoning runs counter to the underlying logic of many of the high court's opinions (Susan L. Vaughan v. Anderson Regional Medical Center, No. 16-1386, U.S. Sup.).



Illinois Federal Judge: Woman's ADEA Claims Not Adverse Employment Actions
CHICAGO - An Illinois federal judge on June 15 granted the Illinois Department of Human Services' motion for summary judgment in an Age Discrimination in Employment Act (ADEA) lawsuit, saying the plaintiff failed to show that any of the claims she alleged constituted a materially adverse employment action (Diannah Evans v. Illinois Department of Human Services, No. 15-cv-4098, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 91908).



3rd Circuit Reinstates Age Bias Claims Brought By 2 Of 5 Temp Employees
PHILADELPHIA - Two out of five temporary employees who allege that they were denied full-time employment due to their age presented sufficient evidence of bias after they were skipped over for positions despite sufficient rankings and may proceed with their claims, a Third Circuit U.S. Court of Appeals panel ruled July 7 (Shawn Bulifant, et al. v. Delaware River & Bay Authority, No. 16-3899, 3rd Cir., 2017 U.S. App. LEXIS 12157).



Former School Employee's Age Discrimination Suit Survives Judgment Motion
ORLANDO, Fla. - A woman who alleges that her age was the motivating factor in a decision to not renew her employment contract has established a prima facie case of age discrimination, a Florida federal judge ruled June 12, finding that genuine issues of fact precluded granting her former employer's motion for summary judgment (Carmel Saxon v. Seminole County Public Schools, No. 6:15-cv-01854, M.D. Fla., 2017 U.S. Dist. LEXIS 89663).



Respondents: High Court Should Deny Certiorari In Age Discrimination Case
WASHINGTON, D.C. - In a June 5 brief, respondents contend that the U.S. Supreme Court should deny a petition for writ of certiorari asking the high court to determine whether a state law age discrimination claim relating to employee benefits that is untimely under the Age Discrimination in Employment Act (ADEA) is preempted by the Employee Retirement Income Security Act, saying a Sixth Circuit U.S. Court of Appeals decision is entirely consistent with Supreme Court precedent and all other lower court decisions on ERISA preemption and presents no important issue of federal law (John Loffredo, et al. v. Daimler AG, et al., No. 16-1334, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 1990).



Summary Judgment, Conditional Certification Denied In Attorney's Bias Suit
NEW YORK - A New York federal judge on June 14 denied numerous motions in a gender bias suit brought by a former Chadbourne & Parke LLP partner, including one for summary judgment and one for conditional certification of a collective action under the Equal Pay Act, finding that additional discovery must occur (Kerrie Campbell, et al. v. Chadbourne & Parke LLP, et al., No. 16-6832, S.D. N.Y., 2017 U.S. Dist. LEXIS 91289).



Father Denied Parental Leave Request Files Discrimination Charge Against Employer
COLUMBUS, Ohio - A man who claims that J.P. Morgan Chase Co. (JPMC) violated Title VII of the Civil Rights Act and Ohio Fair Employment Practices Act by denying his request for parental leave on the ground that only women can be primary caregivers for children on June 14 filed a charge asking the Ohio Equal Employment Opportunity Commission to investigate his allegations on a classwide basis.



School Workers' Row Sent To Tribal Commission By Split 9th Circuit
SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals on June 28 sent an employment dispute involving two school districts on tribal land back to the tribe's labor commission to decide whether it has jurisdiction to decide the employees' claims for merit pay and violation of the tribe's hiring preference law (Window Rock Unified School District, et al. v. Ann Reeves, et al., No. 13-16278, 9th Cir., 2017 U.S. App. LEXIS 11503).



9th Circuit Reverses Dismissal Of False Claims Act Case Against Drug Maker Gilead
SAN FRANCISCO - Relying on the U.S. Supreme Court's ruling in Universal Health Services, Inc. v. United States, ex rel Escobar, __ U.S. __, , 136 S. Ct. 1989 (2016), the Ninth Circuit U.S. Court of Appeals on July 7 reversed dismissal of a False Claims Act/retaliation claim alleging that drug maker Gilead Sciences Inc. used unapproved and contaminated ingredients in its HIV drugs (United States of America, ex rel. Jeffrey Campie, et al. v. Gilead Sciences, Inc., No. 15-16380, 9th Cir., 2017 U.S. App. LEXIS 12163).



NLRB ALJ: Texas Charter School Is Exempt From NLRA Jurisdiction
COPPELL, Texas - A Texas charter school is a political subdivision of the state and is exempt from the National Labor Relation Act's (NLRA) jurisdiction, a National Labor Relations Board administrative law judge (ALJ) ruled June 21 (LTTS Charter School, Inc. d/b/a Universal Academy and Kimberly Free, No. 16-CA-170669, NLRB).



Uber WARN Act Class Suit Stayed Again Pending Arbitration Ruling
SAN FRANCISCO - A class suit accusing Uber Technologies Inc. of stopping its operations in a Texas city without first properly notifying its drivers was stayed a second time on June 22 by a California federal judge who determined a Ninth Circuit U.S. Court of Appeals ruling on the enforceability of an arbitration agreement is needed first (Todd Johnston v. Uber Technologies, Inc., No. 16-3134, N.D. Calif., 2017 U.S. Dist. LEXIS 96734).



U.S. High Court Will Decide On Reach Of Dodd-Frank's Whistleblower Provision
WASHINGTON, D.C. - The U.S. Supreme Court on June 26 agreed to decide whether the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010's whistleblower provision extends to individuals who have not reported the alleged misconduct to the Securities and Exchange Commission (Digital Realty Trust, Inc. v. Paul Somers, No. 16-1276, U.S. Sup.).



IFA Applauds Withdrawal Of DOL Joint Employer Informal Guidance
WASHINGTON, D.C. - The International Franchise Association (IFA) on June 7 applauded the announcement by U.S. Secretary of Labor Alexander Acosta that day that the U.S. Department of Labor (DOL) would withdraw the Obama administration's interpretation of joint employer that it called "one of the most costly and burdensome regulations impacting the franchise business model."



New York City Mayor Signs 'Fair Workweek' Legislative Package
NEW YORK - New York City Mayor Bill de Blasio on May 30 signed into law a "Fair Workweek" legislative package that is designed to ensure predictability of schedules and paychecks for workers in the city fast food and retail industries.



U.S. High Court: No Personal Jurisdiction For BNSF In Montana Injury Suits
WASHINGTON, D.C. - The U.S. Supreme Court on May 30 reversed a Montana Supreme Court ruling and held that BNSF Railway Co., under the Federal Employers' Liability Act (FELA), is not subject to general personal jurisdiction in Montana - a state where it is not headquartered or incorporated - when it comes to injury claims that are unrelated to activity occurring in that state (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).



Split 1st Circuit Rules On 2 Arbitration Issues Of First Impression
BOSTON - Deciding two questions of first impression in its circuit, a divided First Circuit U.S. Court of Appeals panel on May 12 ruled that the applicability of the Federal Arbitration Act (FAA) is a threshold question for a court to determine in a case where the parties have delegated questions of arbitrability to an arbitrator and that the FAA's exemption of employment contracts of transportation workers applies to independent contractor transportation worker agreements (Dominic Oliveira, et al. v. New Prime, Inc., No. 15-2364, 1st Cir., 2017 U.S. App. LEXIS 8474).



Split 6th Circuit Affirms NLRB Ruling Rejecting Arbitration Agreement
CINCINNATI - A split Sixth Circuit U.S. Court of Appeals panel on May 25 upheld a ruling by the National Labor Relations Board (NLRB), which found that an employer violated the National Labor Relations Act (NLRA) by requiring employees to sign off on an agreement that barred them from pursuing class action litigation or collective arbitration of work-related claims (National Labor Relations Board v. Alternative Entertainment, Inc., No. 16-1385, 6th Cir., 2017 U.S. App. LEXIS 9272).



D.C. Circuit: Employer Must Comply With Disclosure Requirements Applied By NLRB
WASHINGTON, D.C. - An employer ordered to comply with certain witness-statement disclosure requirements, as established in Anheuser-Busch, Inc., 237 N.L.R.B. 982, 984-85 (1978), has no standing to challenge a new prospective rule established by the National Labor Relations Board in the same ruling because the NLRB may enforce a cease-and-desist order only to the extent that it requires the employer to comply with the rule applied in its case, a District of Columbia Circuit U.S. Court of Appeals panel ruled June 6 (American Baptist Homes of the West, doing business as Piedmont Gardens v. National Labor Relations Board, No. 15-1445, D.C. Cir., 2017 U.S. App. LEXIS 9970).



5th Circuit Reverses Ruling That Drilling-Fluid Specialists Are Exempt Workers
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 30 reversed a trial court's ruling that drilling-fluid specialists were exempt from receiving overtime under the Fair Labor Standards Act's (FLSA) administrative exemption and remanded for further proceedings, finding that the employer failed to establish "its affirmative defense beyond peradventure" (Matthew Dewan, et al. v. M-I, L.L.C., doing business as M-I SWACO, No. 16-20182, 5th Cir., 2017 U.S. App. LEXIS 9395).



D.C. Circuit: Hospital Violated Labor Act By Stopping Pay Increases
WASHINGTON, D.C. - A hospital violated the National Labor Relations Act (NLRA) when it stopped paying its nurses longevity-based wage increases once its collective bargaining agreement (CBA) expired as the raises were not limited to the life of the CBA, a District of Columbia Circuit U.S. Court of Appeals panel ruled May 19 (Wilkes-Barre Hospital Company, LLC, doing business as Wilkes-Barre General Hospital v. National Labor Relations Board, No. 15-1318, D.C. Cir., 2017 U.S. App. LEXIS 8791).



11th Circuit: Time Spent Transporting Sheriff Patrol Car Is Compensable
ATLANTA - A trial court was correct to determine that the time a sheriff's deputy spends driving a patrol car to and from his designated patrol zone is compensable and liquidated damages are appropriate because the sheriff knew or should have known that it was compensable, an 11th Circuit U.S. Court of Appeals panel ruled May 15 (Shawn Meeks, et al. v. Pasco County Sheriff, No. 16-16932, 11th Cir., 2017 U.S. App. LEXIS 8526).



High Court Denies Appeal Of Suit Over California City's Overtime Rate Calculation
WASHINGTON, D.C. - The U.S. Supreme Court on May 15 denied a petition for writ of certiorari filed by a California city seeking reversal of a Ninth Circuit U.S. Court of Appeals ruling that the city erred when it failed to include payment for unused benefits when calculating its police officers' overtime rates (City of San Gabriel, California v. Danny Flores, et al., No. 16-911, U.S. Sup.).



Nevada Supreme Court: Wage Class Claims Can't Proceed Against Taxi Company
CARSON CITY, Nev. - A taxi driver may not proceed with his proposed class wage claims against his employer because he failed to properly oppose a motion for summary judgment and the claims he brought were previously resolved in a grievance filed by the union representing the drivers, the Nevada Supreme Court ruled June 1 (Michael Sargeant, et al. v. Henderson Taxi, No. 69773, Nev. Sup., 2017 Nev. LEXIS 42).



5th Circuit: Employer Had No Reasonable Basis To Remove Employee's Counterclaims
NEW ORLEANS - An employer had no reasonable basis to remove to federal court counterclaims filed by its employer, a Fifth Circuit U.S. Court of Appeals panel ruled May 22, vacating a trial court's order and remanding for reconsideration of attorney fees for the employee (Renegade Swish, L.L.C. v. Emily A. Wright, No. 16-11152, 5th Cir., 2017 U.S. App. LEXIS 8916).



Split 3rd Circuit Upholds Denial Of Arbitration Of Overtime Claims
PHILADELPHIA - Two wage claims brought by a proposed class of nursing assistants don't depend on disputed interpretations of provisions in their collective bargaining agreement (CBA), a split Third Circuit U.S. Court of Appeals panel ruled May 18, upholding a denial of arbitration (Tymeco Jones, et al. v. John Does 1-10, et al., No. 16-1101, 3rd Cir., 2017 U.S. App. LEXIS 8695).



Objections To $6.55M Exotic Dancers' Wage Settlement Filed
DETROIT - Three objections have recently been filed by exotic dancers who oppose approval of a $6.55 million settlement to be paid by nightclub owners who have been accused of federal and state wage violations (Jane Doe 1-2, et al. v. Deja Vu Services, Inc., et al., No. 16-10877, E.D. Mich.).



Bimbo Bakeries Delivery Drivers' Wage Class Suit Survives Dismissal Motion
NEWARK, N.J. - A New Jersey federal judge on May 17 denied a bakery's motion to dismiss a class complaint by its delivery drivers seeking unpaid overtime, damages and other relief (Christopher Oddo, et al. v. Bimbo Bakeries USA, Inc., No. 16-4267, D. N.J., 2017 U.S. Dist. LEXIS 75172).



Class' New York State Wage Claims Are Transferred To California Federal Court
NEW YORK - A New York federal judge on May 18 denied a motion to dismiss and granted a motion to transfer New York state overtime claims filed by pet store assistant managers to a California federal court where another case is pending alleging overtime claims under federal law (Deserie Michel, et al. v. Petco Animal Supplies Stores, Inc., et al., No. 16-1838, E.D. N.Y., 2017 U.S. Dist. LEXIS 75892).



Drillers' Wage-And-Hour Class Suit Is Settled For $3 Million
FRESNO, Calif. - A California federal judge on May 23 granted preliminary approval of a $3 million settlement to be paid by an industrial service company to end claims that it improperly classified directional drillers as independent contractors and failed to pay overtime wages and meal and rest period premiums (Marc McCulloch, et al. v. Baker Hughes Inteq Drilling Fluids, Inc., et al., No. 16-157, E.D. Calif., 2017 U.S. Dist. LEXIS 78367).



Calif. Federal Judge Dismisses NFL Cheerleaders' Sherman, Cartwright Acts Claims
SAN FRANCISCO - A California federal judge on May 25 granted a motion to dismiss, 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 (Kelsey K., et al. v. NFL Enterprises, LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 81503).



Restaurant Managers' Wage Suit Survives Dismissal Motion, Is Transferred To Missouri
PEORIA, Ill. - An Illinois federal judge on May 12 ruled that a class complaint accusing a fast food restaurant of failing to pay managers overtime survives dismissal because its claims are sufficiently different from another wage suit filed first in Missouri federal court against the same defendant; however, the Illinois judge ruled that the governing principles favor a motion to transfer the case to Missouri (Corinna Clendenen, et al. v. Steak N Shake Operations, Inc., No. 17-1045, C.D. Ill., 2017 U.S. Dist. LEXIS 72588).



Papa John's Franchise Owners' Class Action Waiver Is Declared Invalid
SAN DIEGO - A class action waiver that was part of the arbitration agreement between the owner of Papa John's Pizza franchises and an employee who filed a class complaint is invalid because it precludes the employee from engaging in at least one of the three types of concerted actions the National Labor Relations Act (NLRA) protects, a California federal judge ruled May 11 (Peter Ross v. P.J. Pizza San Diego, LLC, et al., No. 16-2330, S.D. Calif., 2017 U.S. Dist. LEXIS 72411).



Judge Keeps Oscar De La Renta Interns' Wage Suit In New York Federal Court
NEW YORK - A former fashion house intern suing for unpaid wages has failed to show that judicial interests weigh in favor of sending her class complaint back to federal court, a New York federal judge ruled May 12, leaving open the option for the plaintiff file a new application to remand in the future (Monica Ramirez, et al. v. Oscar de la Renta, LLC, No. 16-7855, S.D. N.Y., 2017 U.S. Dist. LEXIS 72781).



$2 Million Costco Truck Drivers' Wage Settlement Is Granted Preliminary Approval
SAN DIEGO - A California federal judge on May 11 granted preliminary approval of a $2 million settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims, less than a month after the same judge rejected the proposed settlement for the second time; however, the judge noted that the class counsel has undermined its credibility (Douglas Thompson, et al. v. Costco Wholesale Corporation, et al., No. 14-2778, S.D. Calif., 2017 U.S. Dist. LEXIS 72389).



Frozen Foods Company Will Pay $4.5 Million To Settle Class Wage Claims
FRESNO, Calif. - A California federal judge on May 19 granted final approval of a $4.5 million settlement to be paid by a food production company to end current and former employees' claims that they were denied pay for certain activities, including donning and doffing (Luis Aguilar, et al. v. Wawona Frozen Foods, et al., No. 15-93, E.D. Calif., 2017 U.S. Dist. LEXIS 76751).



Coach Will Pay $1.75M To Settle Meal Break, Rest Period Claims
SAN FRANCISCO - A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California's unfair competition law (UCL) (Mary Lou Ayala, et al. v. Coach, Inc., et al., No. 14-2031, N.D. Calif., 2017 U.S. Dist. LEXIS 77652).



California Federal Judge: Jan-Pro International Not Employer Of Its Franchisees
SAN FRANCISCO - A California federal judge on May 24 granted cleaning franchisor Jan-Pro Franchising International Inc.'s (JPI) motion for summary judgment in a wage-and-hour class action brought by three California plaintiffs, saying that JPI did not exercise direct or indirect control of its unit franchisees' wages, hours or working conditions (Gloria Roman, et al. v. Jan-Pro Franchising International Inc., No. C 16-05961, N.D. Calif., 2017 U.S. Dist. LEXIS 79967).



$7.5 Million Wal-Mart Gay Workers' Benefits Settlement Granted Final Approval
BOSTON - A Massachusetts federal judge on May 16 granted final approval of a $7.5 million settlement to be paid by Wal-Mart Stores Inc. to end claims that the retailer unlawfully denied health benefits to the spouses of employees who are in same-sex marriages (Jacqueline A. Cote, et al. v. Wal-Mart Stores, Inc., No. 15-12945, D. Mass.).



Petitioner To High Court: 7th Circuit Erred Finding Age Bias Appeal Was Untimely
WASHINGTON, D.C. - Federal Rule of Appellate Procedure 4(a)(5)(C) is a nonjurisdictional claim-processing rule that can be waived or forfeited, and so it does not bar an appeal filed by an employee suing for discrimination, the employee argues in her May 15 petitioner brief filed in the U.S. Supreme Court (Charmaine Hamer v. Neighborhood Housing Services of Chicago, et al., No. 16-658, U.S. Sup.).



8th Circuit Panel Again Reverses, Sends Ex-Workers' Bias Claims To Arbitration
ST. LOUIS - After a rehearing, an Eighth Circuit U.S. Court of Appeals panel on May 11 reversed and remanded a Minnesota federal judge's ruling denying General Mills Inc.'s motion to compel individual arbitration, again finding that 33 laid-off General Mills workers must have their age discrimination claims decided in arbitration individually, and not as a class, and that they are not entitled to declaratory judgment regarding their rights under the Age Discrimination in Employment Act (ADEA) because the judgment would not resolve their claims (Elizabeth McLeod, et al. v. General Mills, Inc., et al., No. 15-3540, 8th Cir., 2017 U.S. App. LEXIS 8341).



Former Abbott Labs Manager Denied Certiorari On Age Discrimination Claims
WASHINGTON, D.C. - The U.S. Supreme Court on May 15 denied a petition for writ of certiorari filed by a former general manager for Abbott Laboratories who sought review of a Third Circuit U.S. Court of Appeals' affirmance of dismissal of his federal and state age discrimination claims against the company (Clive Baron v. Abbott Laboratories, No. 16-1186, U.S. Sup., 2017 U.S. LEXIS 2985).



R.J. Reynolds Opposes Petitioner Seeking High Court Review Of ADEA Ruling
WASHINGTON, D.C. - Saying the petition is premature, R.J. Reynolds Tobacco Co. on May 23 filed a brief in opposition to a petition for certiorari asking the U.S. Supreme Court to review a split en banc 11th Circuit U.S. Court of Appeals ruling that a job applicant who claims that he was unsuccessful in attaining employment due to the employer's refusal to hire individuals based on age may sue for disparate treatment but not disparate impact (Richard M. Villarreal, et al. v. R.J. Reynolds Tobacco Company, et al., No. 16-971, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 1852).



EEOC Sues Ruby Tuesday, Alleging Age Bias In Failing To Hire Older Man
FORT LAUDERDALE, Fla. - The U.S. Equal Employment Opportunity Commission on May 17 sued Ruby Tuesday Inc. in Florida federal court, alleging that it violated the Age Discrimination in Employment Act (ADEA) by failing to hire a man for a vacant general manager position at its Boca Raton, Fla., location because of his age (U.S. Equal Employment Opportunity Commission v. Ruby Tuesday Inc., No. 0:17-cv-60970, S.D. N.Y.).



2nd Circuit Vacates Dismissal Of HR Staff Member's Age Bias Claim
NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 2 vacated dismissal of a human resources professional's claim of age bias brought against his former employer, finding that he brought allegations sufficient to state a claim; however, the appellate panel upheld dismissal of the appellant's gender and ethnicity bias and retaliation claims (Michael Franchino v. Terence Cardinal Cook Health Care Center, Inc., et al., No. 16-2383, 2nd Cir., 2017 U.S. App. LEXIS 9756).



3rd Circuit Panel Affirms Dismissal Of Dentist's ERISA, ADEA, PHRA Claims
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on May 19 affirmed dismissal of a 61-year-old dentist's claims of age discrimination and violation of the Employee Retirement Income Security Act, saying that she presented no direct evidence of age discrimination or intentional interference with her entitlement to ERISA-protected benefits (Mikele L. Boyle, D.M.D. v. Penn Dental Medicine, et al., No. 160-3621, 3rd Cir., 2017 U.S. App. LEXIS 8799).



Divided NLRB Denies University's Motion To Stay Student Workers' Union Election
WASHINGTON, D.C. - A split National Labor Relations Board on June 1 denied a motion to stay the union election for all hourly paid student employees of the University of Chicago's libraries and denied on the merits the university's expedited request for review (University of Chicago and International Brotherhood of Teamsters, Local 743, No. 13-RC-198365, NLRB).



Split 1st Circuit: Evidence Doesn't Support NLRB's Reinstatement Of Worker
BOSTON - There was not substantial evidence in the record to support a finding by the National Labor Relations Board that the firing of a newly hired worker who engaged in a heated exchange with a union delegate during orientation training and questioned whether union membership was required was due to his protected conduct, a split First Circuit U.S. Court of Appeals ruled May 31 (Good Samaritan Medical Center v. National Labor Relations Board, Nos. 15-1347, 15-1412, National Labor Relations Board v. 1199 SEIU United Healthcare Workers East, Nos. 15-1877, 15-1941, 1st Cir., 2017 U.S. App. LEXIS 9623).



7th Circuit Orders Judgment Vacated Due To Mootness In Police Tattoo Dispute
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on May 10 instructed a trial court to vacate its judgment in favor of a police department in a class dispute over covering police officers' tattoos as moot after the matter was resolved in favor of the officers by an arbitrator (Daniel Medici, et al. v. City of Chicago, No. 15-3610, 7th Cir., 2017 U.S. App. LEXIS 8312).



9th Circuit: Trial Court Abused Its Discretion Not Enforcing EEOC Subpoena
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 24, considering a case on remand from the U.S. Supreme Court, vacated a trial court's order denying enforcement of an Equal Employment Opportunity Commission administrative subpoena issued as part of the investigation of a gender bias claim because the district court based its ruling on an incorrect view of the legal standard governing relevance and remanded for further proceedings (U.S. Equal Employment Opportunity Commission v. McLane Company, Inc., No. 13-15126, 9th Cir., 2017 U.S. App. LEXIS 9027).



EEOC Sues Over Firing Of Transgender Man For Website Posting
SAN FRANCISCO - Stating that a transgender man was terminated in retaliation for his posting on an employer-rating website that criticized the employer's purported discriminatory practices the U.S. Equal Employment Opportunity Commission on May 24 filed a complaint on the employee's behalf in California federal court, alleging violation of federal anti-discrimination statutes (U.S. Equal Employment Opportunity Commission v. IXL Learning Inc., No. 3:17-cv-029979, N.D. Calif.).



10th Circuit: Employee's Demotion, Quitting Weren't Due To Bias, Retaliation
DENVER - A university counseling center employee's demotion and later her decision to quit were not caused by sex discrimination or retaliation, a 10th Circuit U.S. Court of Appeals panel ruled June 2, affirming a trial court's determination that the university had a legitimate reason for the demotion and that the employee was not constructively discharged (Tawny Hiatt v. Colorado Seminary, et al., No. 16-1159, 10th Cir., 2017 U.S. App. LEXIS 9774).



5th Circuit Upholds $167,000 Jury Verdict For EEOC In Retaliation Suit
NEW ORLEANS - The Equal Employment Opportunity Commission presented sufficient evidence of causation to uphold a $167,000 back pay jury verdict for an employee fired shortly after complaining for at least the fifth time about a superior's sexual comments, a Fifth Circuit U.S. Court of Appeals panel ruled May 19 (Equal Employment Opportunity Commission v. EmCare, Incorporated, No. 16-10598, 5th Cir., 2017 U.S. App. LEXIS 8838).



5th Circuit Finds Trial Court Lacked Jurisdiction To Withdraw Arbitration Order
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 12 vacated a trial court's decision to withdraw its earlier motion compelling arbitration of an employee's bias and retaliation claims, finding that the trial court lacked jurisdiction to do so (Gaspar Salas v. GE Oil & Gas, No. 16-20379, 5th Cir., 2017 U.S. App. LEXIS 8487).



Judge Orders Email Production In Workplace Retaliation Suit, Scolds Parties
SEATTLE - In a June 5 order, a Washington federal judge granted in part a fired employee's motion for production of certain emails from her former supervisor, with the judge taking the opportunity to admonish both sides for the necessity of the motion, which he attributed to the parties' unwillingness to cooperate on discovery (Theresa Ortloff v. Dave Trimmer, et al., No. 2:16-cv-01257, W.D. Wash., 2017 U.S. Dist. LEXIS 85963).



4th Circuit Rules That Layoff After Medical Leave Doesn't Violate FMLA
RICHMOND, Va. - Less than six weeks' time between an employee returning from medical leave and his termination alone is insufficient to show retaliation in violation of the Family and Medical Leave Act (FMLA), the Fourth Circuit U.S. Court of Appeals ruled May 16 (Gary Waag v. Sotera Defense Solutions, Inc., No. 15-2521 4th Cir., 2017 U.S. App. LEXIS 8587).



4th Circuit Affirms CBA Wording Kills Retirees' Claim That Benefits Had Vested
RICHMOND, Va. - After a rehearing, a Fourth Circuit U.S. Court of Appeals panel on May 11 affirmed that a federal judge correctly ruled that health benefits for United Steel Workers retirees of a West Virginia aluminum manufacturer did not vest and were properly altered unilaterally by the company because union contracts expressly provided that the benefits remained in effect only for the term of the contracts, which had expired (Ronald Barton, et al v. Constellium Rolled Products-Ravenswood, LLC, et al., No. 16-1103, 4th Cir., 2017 U.S. App. LEXIS 8357).



Costco FCRA Disclosure Class Suit Is Sent Back To State Court
SEATTLE - A Washington federal judge on May 16 remanded a class suit accusing Costco Wholesale Corp. of violating the Fair Credit Reporting Act (FCRA) by failing to provide a full and correct disclosure when requesting authorization to conduct background checks of job applicants, finding that a lack of subject matter jurisdiction warranted sending it back to state court and not dismissing it (Julius Terrell v. Costco Wholesale Corp., No. 16-1415, W.D. Wash., 2017 U.S. Dist. LEXIS 74567).



2nd Circuit: Whole Foods' No Recording Rule Violates Labor Act
NEW YORK - A natural supermarket chain's rule for employees barring the recording of conversations at work is overbroad and violates the National Labor Relations Act (NLRA), a Second Circuit U.S. Court of Appeals panel ruled June 1, enforcing a ruling by the National Labor Relations Board (Whole Foods Market Group, Inc. v. National Labor Relations Board, No. 16-2, 2nd Cir., 2017 U.S. App. LEXIS 9638).



2nd Circuit Certifies New York State Law Disability Question To Appeals Court
NEW YORK - In a suit brought by two police officers who were directed to undergo treatment for alcoholism, a Second Circuit U.S. Court of Appeals panel on May 22 certified a question to the New York Court of Appeals to decide whether sections of the New York City Administrative Code preclude an individual from bringing a disability bias claims solely based on a perception of untreated alcoholism (Kathleen Makinen, et al. v. City of New York, et al., No. 16-973, 2nd Cir., 2017 U.S. App. LEXIS 8868).



Former Whole Foods Manager Sues In Florida Court For Racial Bias
SANFORD, Fla. - A Florida man filed a complaint on May 16 in the Seminole County Circuit Court accusing Whole Foods Market Group Inc., doing business as Whole Foods Market, of hiring him for a lesser job than he applied for, failing to properly train him, treating him differently than other managers and ultimately firing him all because of his race (Jesse Rabb v. Whole Foods Market Group, Inc., d/b/a Whole Foods Market, No. 2017-CA-001168-16K-K, Fla. Cir., Seminole Co.).



Supreme Court Hears Arguments On Personal Jurisdiction For BNSF Injury Suits
WASHINGTON, D.C. - BNSF Railway Co. is not subject to general personal jurisdiction in Montana because it is not at home in that state, the attorney representing BNSF argued on April 25 before the U.S. Supreme Court in the appeal of two personal injury cases that were consolidated by the Montana Supreme Court (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).