Mealey's Employment
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June 24, 2022
California Supreme Court Will Review Questions On COVID-19 Work Exposure
SAN FRANCISCO — The California Supreme Court on June 22 granted review of questions certified by the Ninth Circuit U.S. Court of Appeals concerning an employee’s exposure to COVID-19 at work and an employer’s responsibilities.
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June 24, 2022
2nd Circuit Affirms Prior Acts Exclusion Bars Coverage For Pay Discrimination Suit
NEW YORK — The Second Circuit U.S. Court of Appeals on June 22 affirmed a lower federal court’s grant of a directors and officers liability insurer’s motion to dismiss a direct action lawsuit seeking coverage for an underling pay discrimination lawsuit, finding that the prior acts exclusion bars coverage.
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June 24, 2022
2nd Circuit Affirms Prior Acts Exclusion Bars Coverage For Pay Discrimination Suit
NEW YORK — The Second Circuit U.S. Court of Appeals on June 22 affirmed a lower federal court’s grant of a directors and officers liability insurer’s motion to dismiss a direct action lawsuit seeking coverage for an underling pay discrimination lawsuit, finding that the prior acts exclusion bars coverage.
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June 24, 2022
Domino’s Asks U.S. High Court To Decide If Delivery Drivers Are Exempt Under FAA
WASHINGTON, D.C. — Domino’s Pizza LLC filed a petition for a writ of certiorari with the U.S. Supreme Court on June 15 after being granted a one-month extension and asked the justices to decide whether pizza delivery drivers making in-state deliveries are exempt from the Federal Arbitration Act (FAA) under Section 1 as transportation workers engaged in interstate commerce.
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June 23, 2022
Professional Female Soccer Players Seek Preliminary Approval Of Pay Settlement
PASADENA, Calif. — Female professional soccer players who sued the United States Soccer Federation for pay gender discrimination filed a motion on June 22 in a federal court in California seeking preliminary approval of a $24 million class settlement; the motion was filed one day after the Ninth Circuit U.S. Court of Appeals granted a limited remand.
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June 22, 2022
Limited Remand Granted In USSF Pay Bias Suit For Settlement Consideration
PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on June 21 granted a motion for remand in a pay discrimination lawsuit by female professional soccer players for the limited purpose of considering the parties’ $24 million settlement.
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June 22, 2022
Supreme Court Justices Won’t Review DHS’s Denial Of Differential Pay
WASHINGTON, D.C. — The U.S. Supreme Court on June 21 denied a petition of certiorari filed by a Department of Homeland Security (DHS) employee after a federal appellate court upheld DHS’s denial of differential pay for three periods of military service performed over a five-month period.
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June 21, 2022
U.S. High Court Won’t Consider Attorney Fee Questions In Settled Bias Suit
WASHINGTON, D.C. — The U.S. Supreme Court on June 21 declined to take up questions concerning reasonable attorney fees and costs after a discrimination lawsuit by a U.S. Department of Veterans Affairs employee was settled.
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June 21, 2022
U.S. Supreme Court Denies 2 Medical Marijuana Workers’ Comp Petitions
WASHINGTON, D.C. — Two petitions by employees seeking a decision on whether the Controlled Substances Act (CSA) preempts rulings under a Minnesota workers’ compensation law requiring an employer to reimburse costs for medical marijuana being used to treat a work-related injury were denied by the U.S. Supreme Court on June 21.
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June 21, 2022
Unanimous U.S. High Court: Washington Workers’ Comp Law Is Unconstitutional
WASHINGTON, D.C. — A Washington state law regulating workers’ compensation on federal land is unconstitutional as it discriminates against the federal government and its contractors, a unanimous U.S. Supreme Court ruled June 21.
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June 16, 2022
$118 Million Class Settlement Reached In Google Workers’ Unequal Pay Lawsuit
SAN FRANCISCO — Female former employees of Google LLC who allege that the technology giant systematically assigns women to lower salary bands and promotes women more slowly and at lower rates filed a motion on June 10 seeking preliminary approval of a $118 million class settlement from a California judge.
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June 15, 2022
U.S. High Court: PAGA Suit May Be Split Into Individual, Non-Individual Claims
WASHINGTON, D.C. — The prohibition in Iskanian v. CLS Transp. Los Angeles, LLC of dividing individual and non-individual claims in a California Private Attorneys General Act (PAGA) action is preempted by the Federal Arbitration Act (FAA), a divided U.S. Supreme Court ruled June 15.
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June 15, 2022
USSF Pay Bias Settlement Preliminary Approval Expressed In Indicative Ruling
LOS ANGELES — A motion for preliminary approval of a $24 million pay bias class settlement between female professional soccer players and the U.S. Soccer Federation (USSF) would be granted if the matter is remanded by the Ninth Circuit U.S. Court of Appeals, a federal judge in California stated in a June 13 two-page indicative ruling .
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June 15, 2022
Final Approval Of $1.5M McDonald’s Franchisee Class Harassment Settlement Sought
DETROIT — Female employees of a McDonald’s franchisee who allege physical and verbal harassment by a manager filed a motion on June 6 in a federal court in Michigan seeking final approval of a $1.5 million class settlement, and their counsel moved the same day for attorney fees, expenses and $10,000 service awards for each of the named plaintiffs.
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June 14, 2022
5th Circuit Vacates Preliminary Injunction In CMS Vaccine Mandate Case
NEW ORLEANS — A trial court’s preliminary injunction in a case by Louisiana and other states challenging the COVID-19 vaccine mandate for certain categories of health care facilities with Medicare- and Medicaid-certified providers was vacated June 13 by the Fifth Circuit U.S. Court of Appeals, which remanded the case for further consideration in light of a January ruling by the U.S. Supreme Court staying this injunction and another.
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June 14, 2022
9th Circuit Affirms Dismissal Of Employees’ UCL Case Over Unpaid Drug Tests
PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on June 13 affirmed a district court’s dismissal of a grocery store chain employee’s class action accusing the chain of violating California’s unfair competition law (UCL) by denying prospective employees wages for time spent taking mandatory pre-employment drug tests, writing that the claims fail because the class members were not hired until after the tests.
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June 13, 2022
FedEx Settles Worker’s Pandemic Response Class Lawsuit For $150,000
LOS ANGELES — A federal judge in California on June 8 granted final approval of a $150,000 settlement by Federal Express Corp. (FedEx) to end an employee’s class claims that the company “prioritized profit over the safety of its workforce” during the coronavirus pandemic in violation of the California Labor Code and California’s unfair competition law (UCL).
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June 09, 2022
California Jury Awards More Than $460M In 2 Workers’ Harassment Suit
LOS ANGELES — A California jury on June 2 awarded two employees of Southern California Edison Co. and Edison International (together, SCE) more than $460 million on claims that they were retaliated against for reporting harassment.
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June 09, 2022
4th Circuit Upholds Determination That Disabled Employment Program Is Employer
RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel on May 10 enforced a National Labor Relations Board order directing an employment program assisting disabled individuals to bargain with the union elected to represent those disabled individuals working as janitors at a Social Security Administration (SSA) facility in Baltimore.
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June 08, 2022
Gender Bias Claims Where No One Hired Reinstated By 6th Circuit Panel
CINCINNATI — A scientist who alleges that he was chosen by a university search committee for an open professor position but passed over by administration due to his gender before the position was canceled and not filled may proceed with his gender discrimination lawsuit as he has plausibly pleaded pretext, a Sixth Circuit U.S. Court of Appeals panel ruled June 3.