Mealey's Employment

  • February 22, 2017

    Arkansas Top Court Upholds Certification Of City Employee Class In Suit Over Raises

    LITTLE ROCK, Ark. — The Arkansas Supreme Court on Feb. 16 upheld a circuit court’s certification of a class of city workers suing for breach of contract after mandated raises ended (City of Conway, an Arkansas Municipality v. Richard Shumate, Jr., et al., No. CV-16-284, Ark. Sup., 2017 Ark. LEXIS 41).

  • February 22, 2017

    U.S. Supreme Court Won’t Hear Union Membership Benefits Appeal

    WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by a union representing newspaper deliverers that asked the high court to reverse a ruling that it committed unfair labor practices by entering into collective bargaining agreements (CBAs) with employers that unlawfully encouraged union membership (Newspaper and Mail Deliverers’ Union of New York and Vicinity v. National Labor Relations Board, No. 16-279, U.S. Sup., 2017 U.S. LEXIS 1241).

  • February 21, 2017

    U.S. Supreme Court Hears Arguments On EEOC Subpoena Review

    WASHINGTON, D.C. — A unitary abuse of discretion standard is the appropriate one to use when reviewing the Equal Employment Opportunity Commission’s subpoena enforcement decisions, an attorney representing an employer argued before the U.S. Supreme Court on Feb. 21 (McLane Company, Inc. v. Equal Employment Opportunity Commission, No. 15-1248, U.S. Sup.).

  • February 17, 2017

    5th Circuit: No Pain And Suffering, Punitive Damages Under The ADEA

    NEW ORLEANS — A former nurse supervisor’s claims for pain and suffering and punitive damages under the Age Discrimination in Employment Act (ADEA) are barred by Dean v. Am. Sec. Ins. Co., a Fifth Circuit U.S. Court of Appeals panel ruled Feb. 15 (Susan L. Vaughan v. Anderson Regional Medical Center, No. 16-60104, 5th Cir., 2017 U.S. App. LEXIS 2699).

  • February 16, 2017

    Judge Finds Truck Drivers Cannot Claim Damages Under Safe Harbor Provision

    FRESNO, Calif. — A California federal judge on Feb. 15 issued his findings of fact and conclusions of law on causes of action asserted by truck drivers in relation to wage and rest break claims, finding that judgment should be entered in favor of a transport company on all of its claims (Todd Shook, et al. v. Indian River Transport Co., No. 1:14-1415, E.D. Calif., 2017 U.S. Dist. LEXIS 21522).

  • February 10, 2017

    Judge Halts Multiple Wage Suits By Exotic Dancers Pending $6.5M Settlement

    DETROIT — A Michigan federal judge on Feb. 9 granted a joint motion seeking to enjoin numerous pending wage proceedings against nightclub owners in 12 different federal and state courts based on a $6.5 million settlement that was granted preliminary approval two days earlier (Jane Doe 1, et al. v. Deja Vu Services, Inc., et al., No. 16-10877, E.D. Mich., 2017 U.S. Dist. LEXIS 18369).

  • February 10, 2017

    Former University Counsel Awarded $2.5M In Retaliation Suit

    RIVERSIDE, Calif. — A Riverside County, Calif., Superior Court jury on Feb. 7 issued a verdict in favor of the former University of California Riverside’s chief campus counsel, who alleged that she was retaliated against after refusing to cover up the school’s discriminatory culture and awarded her $2.5 million for past and future lost earnings and past noneconomic damages (Michele Coyle v. Regents of the University of California, et al., No. RIC1503362, Calif Super., Riverside Co.).

  • February 9, 2017

    Court Finds Nurse Did Not Waive Right To Pursue Claims Judicially

    LOS ANGELES — A California appeals court on Feb. 7 affirmed a district court's decision to deny a hospital's motion to compel arbitration of numerous class action claims asserted against it by a former nurse, finding that the nurse did not waive her right to assert her claims in a judicial forum under her collective bargaining agreement (CBA) (Tanya Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 90).

  • February 9, 2017

    5th Circuit: Outsourcing Of Hotel Cleaning Staff Violated The NLRA

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Jan. 27 enforced an order by the National Labor Relations Board (NLRB) that found that a hotel management company violated the National Labor Relations Act (NLRA) when it outsourced the housekeeping shortly after there was talk of unionization (Remington Lodging & Hospitality, L.L.C. v. National Labor Relations Board, No. 16-60106, 5th Cir., 2017 U.S. App. LEXIS 1545).

  • February 9, 2017

    NLRB General Counsel Issues Memo Addressing Employee Status At Universities

    WASHINGTON, D.C. — National Labor Relations Board General Counsel Richard F. Griffin Jr. issued a memorandum on Jan. 31 regarding employee status in university settings and in that memo stated “that application of the statutory definition of employee and the common-law test lead to the conclusion that Division I FBS scholarship football players are employees under the NLRA [National Labor Relations Act].”

  • February 9, 2017

    Termination Of Diabetic Call Center Rep For Hanging Up On Calls Is Upheld

    DENVER — A call center customer service representative who was fired for hanging up on customers, incidents she claims she doesn’t remember due to suffering from low blood sugar, failed to show that her termination was pretext for discrimination (Janna DeWitt v. Southwestern Bell Telephone Company, No. 14-3192, 10th Cir., 2017 U.S. App. LEXIS 843).

  • February 9, 2017

    7th Circuit Won’t Rule On Merits Of Biometric Testing Dispute

    CHICAGO — A Seventh Circuit U.S. Court of Appeals panel on Jan. 25 affirmed a trial court’s dismissal of a lawsuit filed by the Equal Employment Opportunity Commission over an employer requiring a completed medical questionnaire and biometric testing for health insurance, finding that the relief sought was unavailable or moot (Equal Employment Opportunity Commission v. Flambeau, Inc., No. 16-1402, 7th Cir., 2017 U.S. App. LEXIS 1289).

  • February 9, 2017

    3rd Circuit: Denial Of 1st Class Airline Ticket Doesn’t Constitute Bias

    PHILADELPHIA — A former U.S. Army employee was not subjected to disability discrimination when his request for first-class air accommodations when traveling for work was denied and he was booked on a sleeper car train, a Third Circuit U.S. Court of Appeals panel ruled Jan. 27 (Saman Khoury v. Secretary United States Army, No. 16-1393, 3rd Cir., 2017 U.S. App. LEXIS 1500).

  • February 9, 2017

    Pennsylvania School Bus Driver Alleges Fingerprinting Violates Religious Beliefs

    JOHNSTOWN, Pa. — A Pennsylvania school bus driver filed a lawsuit in a Pennsylvania federal court on Jan. 12 against her former employer, alleging religious discrimination after she was fired for refusing to provide her fingerprints as part of a criminal background check (Bonnie F. Kaite v. Altoona Student Transportation, Inc., No. 17-05, W.D. Pa.).

  • February 9, 2017

    11th Circuit: Community Service Board Is Not Immune From Age Bias Claim

    ATLANTA — A Georgia community service board (CSB) must face a former employee’s age bias suit as it is not an “arm of the State” for federal sovereign immunity purposes, an 11th Circuit U.S. Court of Appeals panel ruled Jan. 26 in a per curiam, unpublished opinion (Gloria Jane Miller v. Advantage Behavioral Health Systems, No. 15-15496, 11th Cir., 2017 U.S. App. LEXIS 1369).

  • February 8, 2017

    Judge Remands Class Claims Against Courier For Lack Of Jurisdiction

    SAN FRANCISCO — A California federal judge on Feb. 3 granted an employee's motion to remand her class action claims for violation of California's unfair competition law (UCL) and various labor codes, finding that her employer failed to show that the amount in controversy would exceed $5 million under the Class Action Fairness Act (CAFA) (Jasmine Miller v. A-1 Express Delivery Services Inc., No. 16-cv-06251, N.D. Calif., 2017 U.S. Dist. LEXIS 15795).

  • February 8, 2017

    4th Circuit Reinstates Cable Technicians’ Wage-And-Hour Claims

    RICHMOND, Va. — Cable technicians who install and repair DIRECTV LLC satellite systems have stated a plausible claim that they are jointly employed by DIRECTV and a home service provider, the Fourth Circuit U.S. Court of Appeals ruled Jan. 25, reinstating wage-and-hour claims brought by the technicians (Marlon Hall, et al. v. DIRECTV, LLC, et al., No. 15-1857, Jay Lewis, et al. v. DIRECTV, LLC, et al., No. 15-1858, 4th Cir., 2017 U.S. App. LEXIS 1320).

  • February 8, 2017

    6th Circuit: No Disability Bias Where Employee Simply Can’t Perform Job

    CINCINNATI — A customer service representative (CSR) who suffered from depression and anxiety attacks was unable to show that her termination, after extended absences, constituted disability discrimination, a Sixth Circuit U.S. Court of Appeals panel ruled Jan. 27 (Kirsten Williams v. AT&T Mobility Services LLC, No. 16-6078, 6th Cir., 2017 U.S. App. LEXIS 1503).

  • February 8, 2017

    1st Circuit: NLRB Erred Rejecting Hiring Policy Affecting Union Workers

    BOSTON — The National Labor Relations Board erred when it found that an employer’s hiring policy for nonunion positions was discriminatory against union workers, a First Circuit U.S. Court of Appeals panel ruled Jan. 20 (Southcoast Hospitals Group, Inc. v. National Labor Relations Board, Nos. 15-2146 and 15-2258, 1st Cir., 2017 U.S. App. LEXIS 1208).

  • February 8, 2017

    MetLife Claim Specialists Sue For More Than $50M In Overtime Wages

    NEW HAVEN, Conn. — A former insurance company long-term disability (LTD) claim specialist filed a nationwide class complaint Feb. 7 in the U.S. District Court for the District of Connecticut seeking more than $50 million from her former employer and two of its subsidiaries for unpaid overtime (Stephanie McKinney v. MetLife, Inc., et al., No. 17-173, D. Conn.).