Mealey's Employment

  • February 16, 2018

    Fired Employee May Conduct Discovery Into Confidential Data Breach Suit Documents

    PHOENIX — Granting a joint discovery resolution motion filed by the parties in a wrongful termination suit, an Arizona federal magistrate judge on Feb. 14 found that an employee who was purportedly terminated for whistleblowing related to data breaches experienced by his former employer was entitled to conduct discovery into why documents related to lawsuits over those breaches were designated as confidential (Miguel Corzo v. Maricopa County Community College District, et al., No. 2:15-cv-02552, D. Ariz.).

  • February 16, 2018

    Sports Broadcaster Sues Don Imus, Others For Age Discrimination

    NEW YORK — Sports broadcaster Warner Wolf filed an age discrimination complaint on Feb. 15 in a New York state court, his attorneys announced, against radio personality Don Imus and other former employers after he was abruptly fired and replaced with a sportscaster decades younger (Warner Wolf v. Don Imus, et al., No. N/A, N.Y. Sup., New York Co.).

  • February 15, 2018

    Colorado Federal Judge Grants Class Certification In Au Pairs’ Wage Suit

    DENVER — A Colorado federal judge on Feb. 2 certified five of six classes and all 13 subclasses proposed by au pairs who are suing their employers alleging suppression of wages (Johana Paola Beltran, et al. v. InterExchange, Inc., et al., No. 14-3074, D. Colo., 2018 U.S. Dist. LEXIS 23764).

  • February 14, 2018

    Jewish School Settles Kitchen Workers’ Wage Claims For $1 Million

    NEW YORK — A New York federal magistrate judge on Feb. 9 granted final approval of a $1 million settlement to be paid by a Jewish school in Orange County, N.Y., to end class wage claims brought by the school’s kitchen workers (Oscar Vivaldo, et al. v. United Talmudical Academy of Kiryas Joel, Inc., et al., No. 14-2636, S.D. N.Y., 2018 U.S. Dist. LEXIS 22863).

  • February 13, 2018

    Domino’s And Franchisee Will Pay $650,000 To Settle Delivery Drivers’ Wage Claims

    BOSTON — A Massachusetts federal judge on Jan. 23 granted final approval of a $650,000 settlement to be paid by a pizza shop franchisor and franchisee to end class claims by delivery drivers who claim that they were denied delivery fees that customers believed were tips, proper wages and reimbursement of business expenses (Alexander Mooney, et al. v. Domino’s Pizza, Inc., et al., No. 14-13723, D. Mass.).

  • February 12, 2018

    Maine Dairy Seeks To Settle Serial Comma Dispute With Class Of Employees For $5M

    PORTLAND, Maine — A Maine dairy company and a class of workers entangled in a wage-and-hour lawsuit stemming from the lack of a serial comma in a list of activities exempted from Maine’s overtime law filed a motion on Jan. 8 for preliminary review of a proposed $5 million settlement (Christopher O’Connor, et al. v. Oakhurst Dairy, et al., No. 14-192, D. Maine).

  • February 12, 2018

    New York Attorney General Sues Harvey Weinstein, Company For Harassment

    NEW YORK — Harvey Weinstein (HW), The Weinstein Co. LLC (TWC), The Weinstein Company Holdings LLC and Robert Weinstein (RW) were named as respondents in a Feb. 11 lawsuit filed by New York Attorney General Eric T. Schneiderman alleging that Harvey Weinstein “repeatedly and persistently sexually harassed female employees at TWC” and “repeatedly and persistently used his position at TWC, female employees at TWC, and the resources at his disposal as the co-CEO of TWC, to serve his interests in sexual contact” (New York v. The Weinstein Company LLC, et al., No. N/A, N.Y. Sup., New York Co.).

  • February 12, 2018

    High Court Finds UCL Claim Is Not Preempted By Federal Health And Safety Law

    SAN FRANCISCO — The California Supreme Court on Feb. 8 reversed an appeals court finding that a district attorney’s claims for violation of California’s unfair competition law (UCL) and false advertising law asserted against a plastics maker in relation to an explosion that killed two employees were not preempted by federal occupational safety and health law, finding that those claims remain within a state’s responsibility under federal law to regulate worker safety (Solus Industrial Innovations LLC, et al. v. The Superior Court of Orange County, et al., No. S222314, Calif. Sup., 2018 Cal. LEXIS 934).

  • February 8, 2018

    D.C. Circuit Denies Reconsideration Of Remand In Joint-Employer Case

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals in a Feb. 2 one-page order denied a motion by the International Brotherhood of Teamsters Local 350 seeking reconsideration of its Dec. 22 remand of an appeal concerning joint employment; the union argued that the sole basis for the decision — the National Labor Relations Board’s recent decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) — is “defective” (Browning-Ferris Industries of California, Inc. v. National Labor Relations Board, Nos. 16-1028, 16-1063 and 16-1064, D.C. Cir.).

  • February 8, 2018

    Ford: EEOC Settlement Bars Class Certification In Harassment Suit

    CHICAGO — A $10,125,000 settlement between Ford Motor Co. and the Equal Employment Opportunity Commission reached in August 2017 to end claims of racial and sexual harassment largely moots relief being sought by Ford workers in a complaint in the U.S. District Court for the Northern District of Illinois, Ford argues in its Jan. 16 motion to deny class certification (Christie Van, et al. v. Ford Motor Company, No. 14-8708, N.D. Ill.).

  • February 8, 2018

    10th Circuit: Fire Chief Failed To Show Bias In Investigation Or Firing

    DENVER — A fire chief who was investigated and then fired after concerns were raised about other members of the fire department misappropriating funds failed to show that he was targeted or treated differently due to his race, a 10th Circuit U.S. Court of Appeals panel ruled Jan. 26 (Proctor Andrew Young v. City of Idabel, et al., No. 16-7018, 10th Cir., 2018 U.S. App. LEXIS 2056).

  • February 8, 2018

    5th Circuit Reinstates Tutor’s Disability Bias, Retaliation Claims

    NEW ORLEANS — A tutor with anxiety and other health issues offered sufficient evidence of a disability to proceed with her claims of disability discrimination and retaliation, a Fifth Circuit U.S. Court of Appeals panel ruled Jan. 18 in a per curiam opinion in which it upheld a finding that the appellant’s Family and Medical Leave Act (FMLA) claims are time-barred (Christy L. Williams v. Tarrant County College District, No. 16-11804, 5th Cir., 2018 U.S. App. LEXIS 1196).

  • February 8, 2018

    U.S. Supreme Court Won’t Hear Airlines’ Appeal Over Pilots’ Seniority List

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 22 denied a petition for writ of certiorari filed by two merged airlines that were seeking reversal of a Sixth Circuit U.S. Court of Appeals ruling on a pilots’ seniority list dispute (Flight Options, LLC, et al. v. International Brotherhood of Teamsters, Airline Division, et al., No. 17-748, U.S. Sup.).

  • February 8, 2018

    6th Circuit Upholds Ruling For Medical College In Professor’s Bias Suit

    CINCINNATI — A medical college professor was unable to substantiate his claims that his removal as chair and alleged demotion from full professor to associate professor were caused by racial discrimination and retaliation, a Sixth Circuit U.S. Court of Appeals panel ruled Jan. 22 (Robert M. Block v. Meharry Medical College, No. 17-5484, 6th Cir., 2018 U.S. App. LEXIS 1392).

  • February 7, 2018

    9th Circuit Issues Ruling On Wage-And-Hour Law For Outer Continental Shelf

    PASADENA, Calif. — State compensation laws of the adjacent state are adopted as surrogate federal law on the Outer Continental Shelf and devices attached to it as long as those state law are “applicable and not inconsistent” with federal law, a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 5, quoting in part from the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. §§ 1331-1356b (Brian Newton v. Parker Drilling Management Services, Ltd., et al., No. 15-56352, 9th Cir., 2018 U.S. App. LEXIS 2844).

  • February 7, 2018

    Medical Center Denied Costs After Winning Religious Bias Suit Over Flu Shot

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Jan. 18 denied Mercy Catholic Medical Center’s bill of costs submitted after the appellate panel affirmed a ruling for the employer in an employee’s religious bias lawsuit over a flu shot, finding that the bill was submitted too late (Paul Fallon v. Mercy Catholic Medical Center, et al., No. 16-3573, 3rd Cir.).

  • February 7, 2018

    4th Circuit Reinstates Claims Over Innkeeper’s Wages, Room And Board

    RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel on Jan. 25 reversed a trial court’s summary judgment ruling for a Maryland bed-and-breakfast on claims by its former innkeeper that the wages she was paid and room and board she was given fell below state and federal wage requirements (Maryam Balbed v. Eden Park Guest House, LLC, et al., No. 17-1187, 4th Cir., 2018 U.S. App. LEXIS 1915).

  • February 7, 2018

    NLRB Declines To Resolve Remaining Issue In 18-Year-Old Venetian, Union Dispute

    WASHINGTON, D.C. — A three-member panel of the National Labor Relations Board on Feb. 5 declined to resolve the one remaining legal question in an unfair labor practices dispute brought against a Las Vegas casino stemming for an occurrence more than 18 years ago, finding that there has been no showing that the casino has repeated its unlawful conduct in the years that followed (Venetian Casino Resort, LLC and Local Joint Executive Board of Las Vegas, Culinary Workers Union, Local 226, et al., No. 28-CA-016000, NLRB).

  • February 7, 2018

    Indiana Federal Judge Strikes Some Opinions In Cardiologist’s Race Bias Case

    FORT WAYNE, Ind. — A medical expert for a doctor’s race bias claims against his former employer used no reliable reasoning or methodology in forming his opinions on the doctor’s state of mind when seeking consultations and on the employer’s peer-review process, so the opinions are inadmissible, a federal judge in Indiana ruled Feb. 5 (Bhaktavatsala R. Apuri, M.D. v. Parkview Health Systems, Inc., et al., No. 1:16-cv-363, N.D. Ind., 2018 U.S. Dist. LEXIS 17986).

  • February 6, 2018

    Digital Brand Manager’s Harassment, Retaliation Claims Tossed By Federal Judge

    INDIANAPOLIS — A former radio station employee failed to show that she suffered severe sexual harassment or retaliation on the job leading up to her resignation, an Indiana federal judge ruled Feb. 5 (Kristine Esser Slentz v. Emmis Operating Company, No. 16-2568, S.D. Ind., 2018 U.S. Dist. LEXIS 18300).