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Mealey's Employment

  • December 17, 2018

    Michigan McDonald’s Franchisee Hit With DOL Penalty For Child Labor Violations

    JACKSON, Mich. — A Michigan McDonald’s franchisee must pay $26,487 in penalties for child labor violations of the Fair Labor Standards Act (FLSA), the U.S. Department of Labor (DOL) announced on Dec. 4.

  • December 13, 2018

    Subway Franchisee Will Pay $80,000 To Settle EEOC Sexual Harassment Suit

    NEW YORK — A New York Subway franchisor will pay $80,000 to settle claims by the Equal Employment Opportunity Commission that a former general manager offered two female applicants who were 17 at the time jobs in exchange for sex, according to a consent decree filed Dec. 10 in a New York federal court (Equal Employment Opportunity Commission v. Draper Development LLC, No. 15-877, N.D. N.Y.).

  • December 13, 2018

    $65 Million Wal-Mart Settlement In Seating Row Granted Preliminary Approval

    SAN JOSE, Calif. — A California federal judge on Dec. 6 granted preliminary approval of a $65 million settlement to be paid by Wal-Mart Stores Inc. to end nearly a decade of litigation over the retailer’s failure to provide seating for cashiers (Kathy Williamson, et al. v. Wal-Mart Stores, Inc., No. 09-3339, N.D. Calif.).

  • December 13, 2018

    7th Circuit: Janus Doesn’t Dictate Different Result In Union Fee Suit

    CHICAGO — The U.S. Supreme Court’s recent ruling in Janus v. State, County, and Municipal Employees doesn’t require a different ruling on the appropriateness of the class action device in a lawsuit seeking refunds of union fair-share fees, the Seventh Circuit U.S. Court of Appeals ruled Dec. 6 following a remand by the high court and once more affirming denial of class certification (Theresa Riffey, et al. v. Bruce V. Rauner, et al., No. 16-3487, 7th Cir., 2018 U.S. App. LEXIS 34369).

  • December 13, 2018

    Summary Affirmance Denied In Title VII Suit By Member Of Armed Services

    WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on Nov. 30 denied a motion for summary affirmance filed by the secretary of the U.S. Department of the Navy in a discrimination case by a Marine Corps veteran and appointed an attorney as amicus curiae to present arguments in support of the veteran addressing whether Title VII of the Civil Rights Act of 1964 applies to uniformed members of the armed services (Gary L. Jackson v. Richard V. Spencer, No. 18-5180, D.C. Cir., 2018 U.S. App. LEXIS 34699).

  • December 13, 2018

    Remand Denied In Wage Class Suit; Judge Rules Future Fees Must Be Included

    RIVERSIDE, Calif. — The amount in controversy in a wage-and-hour class dispute, including the calculation of future attorney fees, exceeds $5 million, a California federal judge ruled Dec. 3, granting the defendant’s motion to reconsider and denying the plaintiff’s motion to remand (Grant Fritsch v. Swift Transportation Co. of Arizona, LLC, No. 17-2226, C.D. Calif., 2018 U.S. Dist. LEXIS 207049).

  • December 13, 2018

    Rejection Of Medical Marijuana User’s Wrongful Termination Case Upheld

    PORTLAND, Ore. — The Ninth Circuit U.S. Court of Appeals on Nov. 19 affirmed a trial court’s dismissal of an employee’s suit claiming that he was wrongfully terminated due to his medical marijuana use under the Montana Marijuana Act (MMA) (Lance Carlson v. Charter Communications, LLC, No. 17-35917, 9th Cir., 2018 U.S. App. LEXIS 32696).

  • December 13, 2018

    UPS Employee Who Had Work Restrictions Dropped Can’t Prove Bias

    CINCINNATI — A package sorter who sought to have work restrictions dropped after she was unable to return to her job following a back injury failed to show that her employer failed to accommodate her disability, a Sixth Circuit U.S. Court of Appeals panel ruled Nov. 30 (Melissa Brumley v. United Parcel Service, Inc., No. 18-5453, 6th Cir., 2018 U.S. App. LEXIS 33636).

  • December 12, 2018

    3rd Circuit Reinstates State Law Claims In Suit Over Crossing Picket Lines

    PHILADELPHIA — Temporary workers hired to work during a lockout may seek wages for the time spent from their hotel, through the picket lines and to the worksite under Pennsylvania state law, but not under federal or Oregon law, a Third Circuit U.S. Court of Appeals panel ruled Dec. 10 (Ralph Smith, et al. v. Allegheny Technologies, Inc., et al., No. 18-1707, 3rd Cir., 2018 U.S. App. LEXIS 34700).

  • December 12, 2018

    8th Circuit: Employee Can’t Show Bias In Medical Inquiry, Vaccination Requirement

    ST. PAUL, Minn. — A vaccination requirement and medical inquiry for employees following a merger did not constitute disability discrimination and termination of an employee who refused to comply was not retaliation, an Eighth Circuit U.S. Court of Appeals panel ruled Dec. 7 (Janice Hustvet v. Allina Health System, No. 17-2963, 8th Cir., 2018 U.S. App. LEXIS 34467).

  • December 12, 2018

    Former Employee Alleges Sherman Act Violations Against Jiffy Lube Franchisors

    PHILADELPHIA — In a Nov. 29 complaint filed in a Pennsylvania federal court, a former Jiffy Lube employee accuses franchisors of the car repair servicing company of violating Section 1 of the Sherman Act through the use of a no-poach provision that harmed employees by suppressing their wages (Victor Fuentes v. Royal Dutch Shell PLC, et al., No. 18-5174, E.D. Pa.).

  • December 11, 2018

    Fashion Retailer Will Pay $3.5 Million To End EEOC Bias Investigation

    CHICAGO — The Cato Corp., a women’s fashion and accessories retailer, has agreed to pay $3.5 million to resolve an investigation into claims that it denied reasonable accommodations to some pregnant employees or employees with disabilities and made some employees take unpaid leaves of absence or terminated their employment due to disabilities, the Equal Employment Opportunity Commission announced Dec. 10.

  • December 10, 2018

    4th Circuit Reverses Ruling For Union In Suit Over Failure To Arbitrate

    RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel on Dec. 7 reversed a trial court’s dismissal of an employee’s lawsuit accusing his former employer and union of breaching a collective bargaining agreement (CBA) governing his employment by wrongfully terminating him and breaching its duty of fair representation, respectively (Patrick P. Staudner v. Robinson Aviation, Inc., et al., No. 17-1928, 4th Cir., 2018 U.S. App. LEXIS 34496).

  • December 10, 2018

    Supreme Court Will Decide Appeal Over Punitive Damages For Unseaworthiness Claim

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 7 granted a petition for writ of certiorari filed by a vessel owner and operator asking whether punitive damages may be awarded to a seaman on an unseaworthiness claim (The Dutra Group v. Christopher Batterton, No. 18-266, U.S. Sup.).

  • December 7, 2018

    Health Care Company Settles Disability, Pregnancy Bias Suit For $1.75 Million

    FRESNO, Calif. — Family HealthCare Network, a California-based health care company, will pay $1.75 million to settle claims of disability and pregnancy discrimination brought in a California federal court, the Equal Employment Opportunity Commission announced Dec. 6 (U.S. Equal Employment Opportunity Commission v. Family HealthCare Network, et al., No. 18-893, E.D. Calif., 2018 U.S. Dist. LEXIS 205665).

  • December 6, 2018

    Judge: Chipotle Must Produce Discovery For Members Of Discrimination Class Action

    SAN FRANCISCO — A federal judge in California on Nov. 21 ordered Chipotle Mexican Grill Inc. to provide discovery related to employees that could be members of a putative class alleging employment discrimination (Adriana Guzman, et al. v. Chipotle Mexican Grill Inc., et al., No. 17-2606, N.D. Calif., 2018 U.S. Dist. LEXIS 198933).

  • December 4, 2018

    California Panel Affirms Confirmation Of Arbitral Award For Hockey Team

    SANTA ANA, Calif. — After holding that a former hockey team employee failed to assert counterclaims for violations of the California Labor Code and unfair competition law (UCL) in an arbitration and agreed to arbitrate employment disputes, a California appeals panel on Dec. 3 affirmed a decision confirming an award in favor of the team (Paul Vogelgesang v. Anaheim Ducks Hockey Club, LLC, No. G054654, Calif. App., 4th Dist., Div. 3).

  • December 4, 2018

    California Appellate Panel Upholds Intervention Denial In Wage Class Suit

    LOS ANGELES — A California appellate panel on Nov. 30 affirmed a trial court’s denial of a motion to intervene in a wage-and-hour class complaint against Heartland Payment Systems Inc. where a settlement had been reached filed by plaintiffs in another wage-and-hour complaint against Heartland, ruling that the denial did not affect the other plaintiffs’ right to seek discovery as objectors or to appeal (Robin Edwards, et al. v. Heartland Payment Systems, Inc., No. B284000, Calif. App., 2nd Dist., Div. 8, 2018 Cal. App. LEXIS 1104).

  • December 4, 2018

    U.S. High Court Vacates Judgment, Remands Suit Over Bar Membership

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 4 granted a petition for writ of certiorari by an attorney challenging a mandatory membership in and fees due to his state’s bar association, vacated a judgment for the bar association and remanded for further consideration in light of the recent ruling in Janus v. State, County, and Municipal Employees (Arnold Fleck v. Joe Wetch, et al., No. 17-886, U.S. Sup.).

  • December 3, 2018

    9th Circuit Denies En Banc Rehearing Request In Conditional Job Offer Suit

    SEATTLE — The Ninth Circuit U.S. Court of Appeals issued an order on Nov. 30 denying a petition for rehearing or rehearing en banc filed by BNSF Railway Co. after a panel ruled that BNSF violated the Americans with Disabilities Act (ADA) by conditioning a job offer on an MRI to be paid for by the applicant (Equal Employment Opportunity Commission v. BNSF Railway Company, No. 16-35457, 9th Cir., 2018 U.S. App. LEXIS 33745).