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.
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.).
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.).
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).
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).
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).
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).
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).
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).
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).
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.).
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.
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).
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.).
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).
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).
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).
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).
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.).
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).